Chapter 067
2024 -- H 7603 SUBSTITUTE A AS AMENDED
Enacted 06/10/2024

A N   A C T
RELATING TO PUBLIC UTILITIES AND CARRIERS -- RESIDENTIAL SOLAR ENERGY DISCLOSURE AND HOMEOWNERS BILL OF RIGHTS ACT

Introduced By: Representatives Ackerman, Edwards, Solomon, Voas, McNamara, Dawson, Craven, Place, Rea, and Kennedy

Date Introduced: February 15, 2024

It is enacted by the General Assembly as follows:
     SECTION 1. Chapter 39-26.8 of the General Laws entitled "Residential Solar Energy
Disclosure and Homeowners Bill of Rights Act" is hereby repealed in its entirety.
CHAPTER 39-26.8
Residential Solar Energy Disclosure and Homeowners Bill of Rights Act
     39-26.8-1. Short title.
     This chapter shall be known and may be cited as the "Residential Solar Energy Disclosure
and Homeowners Bill of Rights Act."
     39-26.8-2. Definitions.
     As used in this chapter:
     (1) "Customer" means a person who, for primarily personal, family, or household purposes:
     (i) Purchases a residential solar energy system under a system purchase agreement;
     (ii) Leases a residential solar energy system under a system lease agreement; or
     (iii) Purchases electricity under a power purchase agreement.
     (2) "Division" means the division of public utilities and carriers.
     (3) "Power purchase agreement" means an agreement:
     (i) Between a customer and a solar retailer;
     (ii) For the customer’s purchase of electricity generated by a residential solar energy system
owned by the solar retailer; and
     (iii) That provides for the customer to make payments over a term of at least five (5) years.
     (4) "Residential solar energy system" means a solar energy system that:
     (i) Is installed in the state;
     (ii) Generates electricity primarily for on-site consumption for personal, family, or
household purposes;
     (iii) Is situated on no more than four (4) units of residential real property;
     (iv) Has an electricity delivery capacity that exceeds one kilowatt; and
     (v) Does not include a generator that:
     (A) Produces electricity; and
     (B) Is intended for occasional use.
     (5) "Solar agreement" means a system purchase agreement, a system lease agreement, or a
power purchase agreement.
     (6) "Solar energy system" means a system or configuration of solar energy devices that
collects and uses solar energy to generate electricity.
     (7) "Solar retailer" means a person who:
     (i) Sells or proposes to sell a residential solar energy system to a customer under a system
purchase agreement;
     (ii) Owns the residential solar energy system that is the subject of a system lease agreement
or proposed system lease agreement; or
     (iii) Sells or proposes to sell electricity to a customer under a power purchase agreement.
     (8) "System lease agreement" means an agreement:
     (i) Under which a customer leases a residential solar energy system from a solar retailer;
and
     (ii) That provides for the customer to make payments over a term of at least five (5) years
for the lease of the residential solar energy system.
     (9) "System purchase agreement" means an agreement under which a customer purchases
a residential solar energy system from a solar retailer.
     39-26.8-3. Applicability of chapter.
     (a) This chapter applies to solar agreements between solar retailers and customers for
residential solar energy systems, including any solar agreement that accompanies the transfer of
ownership or lease of real property.
     (b) This chapter does not apply to:
     (1) The transfer of title or rental of real property on which a residential solar energy system
is or is expected to be located, if the presence of the residential solar energy system is incidental to
the transfer of title or rental;
     (2) A lender, governmental entity, or other third party that enters into an agreement with a
customer to finance a residential solar energy system but is not a party to a system purchase
agreement, power purchase agreement, or lease agreement;
     (3) A sale or lease of, or the purchase of electricity from, a solar energy system that is not
a residential solar energy system; or
     (4) The lease of a residential solar energy system or the purchase of power from a
residential solar energy system under an agreement providing for payments over a term of less than
five (5) years.
     39-26.8-4. Disclosure form required.
     (a) Before entering a solar agreement, a solar retailer shall provide to a potential customer
the standard disclosure form established pursuant to subsection (b) of this section. This requirement
shall apply to contracts entered into beginning forty-five (45) days from the date that the standard
disclosure form is published by the office of energy resources.
     (b) The office of energy resources shall develop a standard disclosure form. Use of and
compliance with the standard disclosure form will satisfy the solar retailer’s obligation under this
chapter. The standard disclosure form shall be published on the website of the office of energy
resources. In developing the standard disclosure form, the office of energy resources may use as a
model the renewable energy fund small scale participant consumer disclosure form developed by
the Rhode Island commerce corporation. The office of energy resources shall also consult with
industry and other stakeholders in the development of the content and format of the form and in
regard to any changes to the form. At a minimum, the disclosure form shall:
     (1) Be in at least twelve (12) point font;
     (2) Contain fields that require providing the following information:
     (i) The name, address, telephone number, and any email address of the potential customer;
     (ii) The name, address, telephone number, and email address of the solar retailer; and
     (iii)(A) The name, address, telephone number, email address, and state contractor license
number of the person who is expected to install the system that is the subject of the solar agreement;
and
     (B) If the solar retailer selected the person who is expected to provide operations or
maintenance support to the potential customer or introduced that person to the potential customer,
the name, address, telephone number, email address, and state contractor license of the operations
or maintenance support person; and
     (3) Include applicable information and disclosures as provided in §§ 39-26.8-5, 39-26.8-6,
38-26.8-7, and 39-26.8-8.
     39-26.8-5. Contents of disclosure form for any solar agreement.
     (a) The standard disclosure form shall include:
     (1) An indication of whether operations or maintenance services are included as part of the
solar agreement;
     (2) If the solar retailer provides any written estimate of the savings the potential customer
is projected to realize from the system based on similar installations that have the same geographic
orientation in similar climates, the solar retailer must complete fields requiring entry of the
following information:
     (i) The estimated projected savings over the life of the solar agreement; and
     (ii) An optional field for the estimated projected savings over any longer period not to
exceed the anticipated useful life of the system; and
     (3) Fields to disclose material assumptions used to calculate estimated projected savings
and the source of those assumptions, including:
     (i) If an annual electricity rate increase is assumed, the rate of the increase and the solar
retailer’s basis for the assumption of the rate increase;
     (ii) The potential customer’s eligibility for or receipt of tax credits or other governmental
or utility incentives;
     (iii) System production data, including production degradation;
     (iv) The system’s eligibility for interconnection under any net metering or similar program;
     (v) Electrical usage and the system’s designed offset of the electrical usage;
     (vi) Historical utility costs paid by the potential customer;
     (vii) Any rate escalation affecting a payment between the potential customer and the solar
retailer; and
     (viii) A field to indicate whether costs of replacing equipment were assumed. If such costs
were assumed, the form shall require a field for listing the costs associated with replacing
equipment making up part of the system applicable.
     (b) The standard disclosure form shall include the following disclosures and notices:
     (1) Two (2) separate statements in capital letters in close proximity to any written estimate
of projected savings:
     (i) "THIS IS AN ESTIMATE. UTILITY RATES MAY GO UP OR DOWN AND
ACTUAL SAVINGS, IF ANY, MAY VARY. HISTORICAL DATA ARE NOT NECESSARILY
REPRESENTATIVE OF FUTURE RESULTS. FOR FURTHER INFORMATION REGARDING
RATES, CONTACT YOUR LOCAL UTILITY OR THE STATE PUBLIC UTILITY
COMMISSION"; and
     (ii) "TAX AND OTHER FEDERAL, STATE, AND LOCAL INCENTIVES VARY AS
TO REFUNDABILITY AND ARE SUBJECT TO CHANGE OR TERMINATION BY
LEGISLATIVE OR REGULATORY ACTION, WHICH MAY IMPACT SAVINGS
ESTIMATES. CONSULT A TAX PROFESSIONAL FOR MORE INFORMATION."
     (2) A notice that: "Legislative or regulatory action may affect or eliminate your ability to
sell or get credit for any excess power generated by the system, and may affect the price or value
of that power."
     (c) The standard disclosure form shall include fields requiring entry of the following
information:
     (1) A statement describing the system and indicating the system design assumptions,
including the make and model of the solar panels and inverters, system size, positioning of the
panels on the customer’s property, estimated first-year energy production, and estimated annual
energy production degradation, including the overall percentage degradation over the term of the
solar agreement or, at the solar retailer’s option, over the estimated useful life of the system;
     (2) A description of any warranty, representation, or guarantee of energy production of the
system; and
     (3) The approximate start and completion dates for the installation of the system.
     (d) The standard disclosure form shall require an indication of whether any warranty or
maintenance obligations related to the system may be transferred by the solar retailer to a third
party.
     (e) The standard disclosure form shall require the following disclosure: "If this form
indicates that the warranty or maintenance obligation may be transferred, then be advised — The
maintenance and repair obligations under your contract may be assigned or transferred without
your consent to a third party who will be bound to all the terms of the contract. If a transfer occurs,
you will be notified of any change to the address, email address, or phone number to use for
questions or payments or to request system maintenance or repair."
     (f) The standard disclosure form shall require an indication of whether the solar retailer
will obtain customer approval to connect the system to the customer’s utility. If indicated that the
retailer will not obtain said approval, there shall be an additional field requiring a description of
what the customer must do to interconnect the system to the utility.
     (g) The standard disclosure form shall require an indication of whether the solar retailer
provides any warranties. If indicated that the retailer does provide warranties, there shall be an
additional field requiring a description of any roof penetration warranty or other warranty that the
solar retailer provides the customer.
     (h) The standard disclosure form shall require the solar retailer to indicate whether the solar
retailer will make a fixture filing or other notice in the city or town real property records covering
the system, including a Notice of Independently-Owned Solar Energy System. If indicated that the
retailer will make the fixture filing, there shall be an additional field requiring a description of any
fees or other costs associated with the filing that may be charged to the customer.
     (i) The standard disclosure form shall include the following statement in capital letters that:
"NO EMPLOYEE OR REPRESENTATIVE OF [name of solar retailer] IS AUTHORIZED TO
MAKE ANY PROMISE TO YOU THAT IS NOT CONTAINED IN THIS DISCLOSURE FORM
CONCERNING COST SAVINGS, TAX BENEFITS, OR GOVERNMENT OR UTILITY
INCENTIVES. YOU SHOULD NOT RELY UPON ANY PROMISE OR ESTIMATE THAT IS
NOT INCLUDED IN THIS DISCLOSURE FORM."
     (j) The standard disclosure form shall include the following statement in capital letters:
"[name of solar retailer] IS NOT AFFILIATED WITH ANY UTILITY COMPANY OR
GOVERNMENT AGENCY. NO EMPLOYEE OR REPRESENTATIVE OF [name of solar
retailer] IS AUTHORIZED TO CLAIM AFFILIATION WITH A UTILITY COMPANY OR
GOVERNMENT AGENCY."
     (k) The standard disclosure form shall include a statement that if the customer fails to make
installment payments, the solar retailer may place liens for payment on their residence effective
only after written notice is provided to the customer.
     (l) The office of energy resources may require any additional information and disclosures
deemed necessary to inform and protect customers.
     (m) The written disclosure form requirement may be satisfied by the electronic delivery of
the disclosure form to the potential customer as long as the required disclosures are displayed in a
clear and conspicuous manner.
     39-26.8-6. Standard form addendum for system lease agreement.
     The standard disclosure form shall include an addendum that applies if a solar retailer is
proposing to enter into a system lease agreement with a potential customer. The system lease
addendum shall require the solar retailer to provide a detailed comparison of the cost of leasing the
system as compared to purchasing the system.
     39-26.8-7. Standard form addendum for system purchase agreement.
     The standard disclosure form shall include an addendum that applies if a solar retailer is
proposing to enter into a system purchase agreement with a potential customer. The system
purchase addendum shall include:
     (1) The following statement: "You are entering into an agreement to purchase an energy
generation system. You will own the system installed on your property. You may be entitled to
federal tax credits because of the purchase. You should consult your tax advisor";
     (2) A field for the price quoted to the potential customer for a cash purchase of the system;
     (3) Fields requiring:
     (i) The schedule of required and anticipated payments from the customer to the solar
retailer and third parties over the term of the system purchase agreement, including application
fees, up-front charges, down payment, scheduled payments under the system purchase agreement,
payments at the end of the term of the system purchase agreement, payments for any operations or
maintenance contract offered by or through the solar retailer in connection with the system purchase
agreement, and payments for replacement of system components likely to require replacement
before the end of the useful life of the system as a whole; and the total of all payments referred to
in this subsection;
     (4) A statement indicating that the cost of insuring the system is not included within the
schedule of payments under subsection (3) of this section;
     (5) A field to indicate whether the customer is responsible for insurance coverage. The
field shall be accompanied by the statement: "If so indicated above, you are responsible for
obtaining insurance coverage for any loss or damage to the system. You should consult an insurance
professional to understand how to protect against the risk of loss or damage to the system. You
should also consult your home insurer about the potential impact of installing a system.";
     (6) Fields requiring information about whether the system may be transferred to a purchaser
of the home or real property where the system is located and any conditions for a transfer; and
     (7) A field requiring a detailed comparison of the costs of purchasing as compared to
leasing the system.
     39-26.8-8. Standard form addendum for power purchase agreement.
     The standard disclosure form shall include an addendum that applies if a solar retailer is
proposing to enter into a power purchase agreement with a potential customer. The power purchase
addendum shall include:
     (1) The following statement: "You are entering into an agreement to purchase power from
an energy generation system. You will not own the system installed on your property. You will not
be entitled to any federal tax credit associated with the purchase.";
     (2) Fields requiring information about whether the power purchase agreement may be
transferred to a purchaser of the home or real property where the system is located and, if so, any
conditions for a transfer;
     (3) A field to indicate whether the solar retailer will obtain insurance. The field shall be
accompanied by the statement: "If indicated above, the solar retailer will not obtain insurance
against damage or loss to the system and the customer is responsible if there is damage or loss to
the system."; and
     (4) Fields requiring information about what will happen to the system at the end of the term
of the power purchase agreement.
     39-26.8-9. Customer right to cancel solar agreement.
     The customer has the right to cancel or rescind a solar agreement within forty-five (45)
days of entering into the solar agreement. The standard disclosure form shall inform the customer
of this right.
     39-26.8-10. Good-faith estimate allowed.
     If a solar retailer does not, at the time of providing a disclosure form, have exact cost
information required to be included in the disclosure form, pursuant to this chapter, the retailer may
make a good-faith estimate of that information, if the solar retailer clearly indicates that the
information is an estimate and provides the basis for the estimate. If the solar retailer’s final cost
assessment differs from previously provided estimates, the retailer shall provide a new and
complete disclosure form.
     39-26.8-11. Division enforcement authority — Administrative fine.
     (a) Subject to subsection (b) of this section, the division may enforce the provisions of this
chapter by:
     (1) Conducting an investigation into an alleged violation of this chapter;
     (2) Issuing a cease-and-desist order against a further violation of this chapter; and
     (3) Imposing an administrative fine of no more than two thousand five hundred dollars
($2,500) per solar agreement on a solar retailer that:
     (i) Materially fails to comply with the disclosure requirements of this chapter; or
     (ii) Violates any other provision of this chapter, if the division finds that the violation is a
willful or intentional attempt to mislead or deceive a customer.
     (b) The division may not commence any enforcement action under this section more than
four (4) years after the date of execution of the solar agreement with respect to which a violation is
alleged to have occurred.
     (c) The division shall distribute an administrative fine collected under subsection (a)(3) of
this section to a customer adversely affected by the solar retailer’s failure or violation resulting in
a fine under subsection (a)(3) of this section, after the division has conducted an administrative
proceeding resulting in a determination of the appropriateness and amount of any distribution to a
customer.
     (d) Nothing in this chapter may be construed to affect a remedy a customer has independent
of this chapter; or the division’s ability or authority to enforce any other law or regulation.
     39-26.8-12. Rules and regulations.
     The division may promulgate such rules and regulations as are necessary and proper to
carry out the provisions of this chapter.
     SECTION 2. Title 5 of the General Laws entitled "BUSINESSES AND PROFESSIONS"
is hereby amended by adding thereto the following chapter:
CHAPTER 93
RESIDENTIAL SOLAR ENERGY DISCLOSURE AND HOMEOWNERS BILL OF RIGHTS
ACT
     5-93-1. Short title.
     This chapter shall be known and may be cited as the "Residential Solar Energy Disclosure
and Homeowners Bill of Rights Act."
     5-93-2. Definitions.
     As used in this chapter:
     (1) "Customer" means a person who, for primarily personal, family, or household purposes:
     (i) Purchases a residential solar energy system under a system purchase agreement;
     (ii) Leases a residential solar energy system under a system lease agreement; or
     (iii) Purchases electricity under a power purchase agreement.
     (2) "Department" means the department of business regulation.
     (3) "Lease" means to transfer the right to possession and use of a residential solar energy
system for a term to a customer on behalf of a solar retailer in return for monetary payment or
consideration.
     (4) "Power purchase agreement" means an agreement:
     (i) Between a customer and a solar retailer;
     (ii) For the customer’s purchase of electricity generated by a residential solar energy system
owned by the solar retailer; and
     (iii) That provides for the customer to make payments over a term of at least five (5) years.
     (5) "Residential solar energy system" means a solar energy system that:
     (i) Is installed in the state;
     (ii) Generates electricity primarily for on-site consumption for personal, family, or
household purposes;
     (iii) Is situated on no more than four (4) units of residential real property;
     (iv) Has an electricity delivery capacity that exceeds one kilowatt; and
     (v) Does not include a generator that:
     (A) Produces electricity; and
     (B) Is intended for occasional use.
     (67) "Solar agreement" means a system purchase agreement, a system lease agreement, or
a power purchase agreement.
     (78) "Solar energy system" means a system or configuration of solar energy devices that
collects and uses solar energy to generate electricity.
     (89) "Solar retailer" means a person who:
     (i) Sells or proposes to sell a residential solar energy system to a customer under a system
purchase agreement;
     (ii) Owns the residential solar energy system that is the subject of a system lease agreement
or proposed system lease agreement; or
     (iii) Sells or proposes to sell electricity to a customer under a power purchase agreement.
     (911) "System lease agreement" means an agreement:
     (i) Under which a customer leases a residential solar energy system from a solar retailer;
and
     (ii) That provides for the customer to make payments over a term of at least five (5) years
for the lease of the residential solar energy system.
     (1012) "System purchase agreement" means an agreement under which a customer
purchases a residential solar energy system from a solar retailer.
     (1110) "Solicit" means offering or attempting to sell or lease a residential solar energy
system to a person or requesting, urging, or attempting to persuade a person to purchase, lease, or
apply for a particular kind of solar system from a particular solar retailer.
     (126) "Sell" means to transfer a residential solar energy system to a customer on behalf of
a solar retailer in return for monetary payment or other consideration.
     5-93-3. Applicability of chapter.
     (a) This chapter applies to solar agreements between solar retailers and customers for
residential solar energy systems, including any solar agreement that accompanies the transfer of
ownership or lease of real property.
     (b) This chapter does not apply to:
     (1) The transfer of title or rental of real property on which a residential solar energy system
is or is expected to be located, if the presence of the residential solar energy system is incidental to
the transfer of title or rental;
     (2) A lender, governmental entity, or other third party that enters into an agreement with a
customer to finance a residential solar energy system but is not a party to a system purchase
agreement, power purchase agreement, or lease agreement;
     (3) A sale or lease of, or the purchase of electricity from, a solar energy system that is not
a residential solar energy system; or
     (4) The lease of a residential solar energy system or the purchase of power from a
residential solar energy system under an agreement providing for payments over a term of less than
five (5) years.
     5-93-4. Solar retailer registration.
     (a) All solar retailers selling, leasing, and/or soliciting residential solar energy systems for
purchase or lease shall register with the department and shall renew such registration annually.
     (b) The registration application and any renewal application shall include the following:
     (1) The name and address of the applicant and, if the applicant is an entity, the name and
address of at least one natural person who is in responsible charge of the operations on behalf of
the applicant;
     (2) Evidence of:
     (i) A current permit to make sales at retail from the Rhode Island division of taxation or
confirmation of sales tax exemption, if applicable;
     (ii) Financial responsibility that is acceptable to the department; and
     (iii) Appointment of an agent located within the state who is authorized to accept service
of process on behalf of the applicant;
     (3) A list of all representatives soliciting, leasing, and/or selling solar energy systems on
behalf of a solar retailer, whether for sale or lease.;
     (4) Any other information that the department shall require.
     (c) The fees for initial registration, renewal, and late renewal shall be determined by the
department and established by regulation.
     (d) Each owner, member, director, and principal officer of the applicant, and any individual
acting as manager or a sales representative of the applicant shall obtain and provide a national
criminal records check from the bureau of criminal identification of the department of attorney
general, department of public safety division of the state police, or local police department that
shall include fingerprints submitted to the Federal Bureau of Investigation. The director will
determine by regulation those items of information appearing on a criminal records check that will
constitute disqualifying information and, subject to § 28-5.1-14, render the applicant ineligible for
registration under this chapter. Each applicant shall be responsible for the cost of obtaining the
criminal records check.
     (e) All application requirements must be maintained and kept current for the duration of
the registration.
     5-93-5. Solicitations and sales.
     (a) All solicitations, leases, and sales of a residential solar energy systemssystem to a
customer conducted and consummated by mail, door-to-door sale, telephone, electronic, or other
means at the premises of a customer or at a fair, trade or business show, convention, or exposition
shall:
     (1) For any solicitation, identify the person making such solicitation, lease, or sale and the
solar retailer the person represents;
     (2) For door-to-door sales to customers, be conducted in accordance with local ordinances,
or if there is no local ordinance, between the hours of ten o’clock a.m. (10:00 a.m.) and eight
o’clock p.m. (8:00 p.m.) unless the customer schedules an earlier or later appointment, and with
both English and Spanish written materials available. Any representative of a solar retailer shall
prominently display or wear a photo identification badge including their name, registration number,
and the name and registration number of the solar retailer who or that they represent;.
     (b) Each solar retailer shall develop and implement standards and qualifications for
employees and third-party sales representatives who are engaged in the solicitation, lease, and sale
of residential solar energy systems;.
     (c) Each solar retailer shall maintain an active roster of any employees and third-party sales
representatives who are engaged in the solicitation, lease, and sale of residential solar energy
systems, and keep such roster available for inspection by law enforcement or the department; and.
     (d) Each solar retailer and sales or other representative of a solar retailer shall comply with
the provisions of the telemarketing rules adopted pursuant to 15 U.S.C. § 6102 and any other
applicable federal, state, and local laws.
     5-93-6. Standard disclosure form required.
     (a) Before entering a solar agreement, a solar retailer shall provide to a potential customer,
in hard copy or via electronic mail with copy attached or downloadable, the standard disclosure
form established pursuant to subsection (b) of this section. This requirement shall apply to contracts
entered into beginning forty-five (45) days from the date that the standard disclosure form is
published by the office of energy resources.
     (b) The office of energy resources shall develop a standard disclosure form. Use of and
compliance with the standard disclosure form will satisfy the solar retailer’s disclosure obligation
under this chapter. The standard disclosure form shall be published on the website of the office of
energy resources. In developing the standard disclosure form, the office of energy resources may
use as a model the renewable energy fund small scale participant consumer standard disclosure
form developed by the Rhode Island commerce corporation. The office of energy resources shall
also consult with industry and other stakeholders in the development of the content and format of
the standard disclosure form and in regard to any changes to the form. At a minimum, the standard
disclosure form shall:
     (1) Be in at least twelve-(12)point (12) type;
     (2) Contain fields that require providing the following information:
     (i) The name, address, telephone number, and any email address of the potential customer;
     (ii) The name and address of the solar retailer and the name, telephone number, and email
address of the natural person who is in responsible charge of solar retailer sales; and
     (iii)(A) The name, address, telephone number, email address, and state contractor license
number of the person who is expected to install the system that is the subject of the solar agreement;
and
     (B) If the solar retailer selected the person or company who or that is expected to provide
operations or maintenance support to the potential customer or introduced that person or company
to the potential customer, the name, address, telephone number, email address, and state contractor
license of the operations or maintenance support person or company; and
     (C) If the solar retailer selected the person or company who or that is expected to provide
financing to the customer for the residential solar energy system or introduced that person or
company to the potential customer, the name, address, telephone number, email address, and state
lending license;
     (3) Include applicable information and disclosures as provided in §§ 5-93-7, 5-93-8, 5-93-
9, and 5-93-10.
     5-93-7. Contents of the standard disclosure form for any solar agreement.
     (a) The standard disclosure form shall include:
     (1) A statement of whether operations or maintenance services are included as part of the
solar agreement;
     (2) If the solar retailer provides any written estimate of the savings the potential customer
is projected to realize from the system based on similar installations that have the same geographic
orientation in similar climates, the solar retailer must complete fields requiring entry of the
following information:
     (i) The estimated projected savings over the life of the solar agreement; and
     (ii) An optional field for the estimated projected savings over any longer period not to
exceed the anticipated useful life of the system; and
     (3) Fields to disclose material assumptions used to calculate estimated projected savings
and the source of those assumptions, including:
     (i) If an annual electricity rate increase is assumed, the rate of the increase and the solar
retailer’s basis for the assumption of the rate increase;
     (ii) The potential customer’s eligibility for or receipt of tax credits or other governmental
or utility incentives;
     (iii) System production data, including production degradation;
     (iv) The system’s eligibility for interconnection under any net metering or similar program,
or lack thereof;
     (v) Electrical usage and the system’s designed offset of the electrical usage;
     (vi) Historical utility costs paid by the potential customer;
     (vii) Any rate escalation affecting a payment between the potential customer and the solar
retailer; and
     (viii) A field to indicate whether costs of replacing equipment were assumed. If such costs
were assumed, the standard disclosure form shall require a field for listing the costs associated with
replacing equipment making up part of the system applicable.
     (b) The standard disclosure form shall include the following disclosures and notices:
     (1) Two (2) separate statements in capital letters in close proximity to any written estimate
of projected savings:
     (i) "THIS IS AN ESTIMATE. UTILITY RATES MAY GO UP OR DOWN AND
ACTUAL SAVINGS, IF ANY, MAY VARY. HISTORICAL DATA ARE NOT NECESSARILY
REPRESENTATIVE OF FUTURE RESULTS. FOR FURTHER INFORMATION REGARDING
RATES, CONTACT YOUR LOCAL UTILITY OR THE STATE DIVISION OF PUBLIC
UTILITIES AND CARRIERS"; AND
     (ii) "TAX AND OTHER FEDERAL, STATE, AND LOCAL INCENTIVES VARY AS
TO REFUNDABILITY AND ARE SUBJECT TO CHANGE OR TERMINATION BY
LEGISLATIVE OR REGULATORY ACTION, WHICH MAY IMPACT SAVINGS
ESTIMATES. CONSULT A TAX PROFESSIONAL FOR MORE INFORMATION."
     (2) A notice that: "Legislative or regulatory action may affect or eliminate your ability to
sell or get credit for any excess power generated by the system, and may affect the price or value
of that power."
     (c) The standard disclosure form shall include fields requiring entry of the following
information:
     (1) A statement describing the system and indicating the system design assumptions,
including the make and model of the solar panels and inverters, system size, positioning of the
panels on the customer’s property, estimated first-year energy production, and estimated annual
energy production degradation, including the overall percentage degradation over the term of the
solar agreement or, at the solar retailer’s option, over the estimated useful life of the system;
     (2) A description of any warranty, representation, or guarantee of energy production of the
system; and
     (3) The approximate start and completion dates for the installation of the system.
     (d) The standard disclosure form shall require an indication of whether any warranty or
maintenance obligations related to the system may be transferred by the solar retailer to a third
party.
     (e) The standard disclosure form shall require the following disclosure: "If this form
indicates that the warranty or maintenance obligation may be transferred, then be advised -- The
maintenance and repair obligations under your contract may be assigned or transferred without
your consent to a third party who will be bound to all the terms of the contract. If a transfer occurs,
you will be notified of any change to the address, email address, or phone number to use for
questions or payments or to request system maintenance or repair."
     (f) The standard disclosure form shall require an indication of whether the solar retailer
will obtain customer approval to connect the system to the customer’s utility. If indicated that the
retailer will not obtain said approval, there shall be an additional field requiring a description of
what the customer must do to interconnect the system to the utility.
     (g) The standard disclosure form shall require an indication of whether the solar retailer
provides any warranties. If indicated that the retailer does provide warranties, there shall be an
additional field requiring a description of any roof penetration warranty or other warranty that the
solar retailer provides the customer.
     (h) The standard disclosure form shall require the solar retailer to indicate whether the solar
retailer will make a fixture filing or other notice in the city or town real property records covering
the system, including a notice of independently-owned solar energy system. If indicated that the
retailer will make the fixture filing, there shall be an additional field requiring a description of any
fees or other costs associated with the filing that may be charged to the customer.
     (i) The standard disclosure form shall include the following statement in capital letters that:
"NO EMPLOYEE OR REPRESENTATIVE OF [NAME OF SOLAR RETAILER] IS
AUTHORIZED TO MAKE ANY PROMISE TO YOU THAT IS NOT CONTAINED IN THIS
DISCLOSURE FORM CONCERNING COST SAVINGS, TAX BENEFITS, OR
GOVERNMENT OR UTILITY INCENTIVES. YOU SHOULD NOT RELY UPON ANY
PROMISE OR ESTIMATE THAT IS NOT INCLUDED IN THIS DISCLOSURE FORM."
     (j) The standard disclosure form shall include the following statement in capital letters:
"[NAME OF SOLAR RETAILER] IS NOT AFFILIATED WITH ANY UTILITY COMPANY
OR GOVERNMENT AGENCY. NO EMPLOYEE OR REPRESENTATIVE OF [NAME OF
SOLAR RETAILER] IS AUTHORIZED TO CLAIM AFFILIATION WITH A UTILITY
COMPANY OR GOVERNMENT AGENCY."
     (k) The standard disclosure form shall include a statement that if the customer fails to make
installment payments, the solar retailer may place liens for payment on their residence effective
only after written notice is provided to the customer.
     (l) The office of energy resources may require any additional information and disclosures
deemed necessary to inform and protect customers.
     (m) The written disclosure form requirement may be satisfied by the electronic mail
delivery of the standard disclosure form to the potential customer as long as the required disclosures
are displayed in a clear and conspicuous manner and the form is either attached or in a
downloadable format.
     5-93-8. Standard form addendum for system lease agreement.
     The standard disclosure form shall include an addendum that applies if a solar retailer is
proposing to enter into a system lease agreement with a potential customer. The standard disclosure
form will include details about the lease price and its associated escalator, if any.
     5-93-9. Standard disclosure form addendum for system purchase agreement.
     The standard disclosure form shall include an addendum that applies if a solar retailer is
proposing to enter into a system purchase agreement with a potential customer. The system
purchase addendum shall include:
     (1) The following statement: "You are entering into an agreement to purchase an energy
generation system. You will own the system installed on your property. You may be entitled to
federal tax credits because of the purchase. You should consult your tax advisor";
     (2) A field for the price quoted to the potential customer for a cash purchase of the system;
     (3) Fields requiring:
     (i) The schedule of required and anticipated payments from the customer to the solar
retailer and third parties over the term of the system purchase agreement, including application
fees, up-front charges, down payment, scheduled payments under the system purchase agreement,
payments at the end of the term of the system purchase agreement, payments for any operations or
maintenance contract offered by or through the solar retailer in connection with the system purchase
agreement, and payments for replacement of system components likely to require replacement
before the end of the useful life of the system as a whole; and the total of all payments referred to
in this subsection;
     (ii) An itemized description of all additional fees or charges;
     (4) A statement indicating that the cost of insuring the system is not included within the
schedule of payments under subsection (3) of this section;
     (5) A field to indicate whether the customer is responsible for insurance coverage. The
field shall be accompanied by the statement: "If so indicated above, you are responsible for
obtaining insurance coverage for any loss or damage to the system. You should consult an insurance
professional to understand how to protect against the risk of loss or damage to the system. You
should also consult your home insurer about the potential impact of installing a system.";
     (6) Fields requiring information about whether the system may be transferred to a purchaser
of the home or real property where the system is located and any conditions for a transfer; and
     (7) A field requiring a detailed comparison of the costs of purchasing as compared to
leasing the system.
     5-93-10. Standard disclosure form addendum for power purchase agreement.
     The standard disclosure form shall include an addendum that applies if a solar retailer is
proposing to enter into a power purchase agreement with a potential customer. The power purchase
addendum shall include:
     (1) The following statement: "You are entering into an agreement to purchase power from
an energy generation system. You will not own the system installed on your property. You will not
be entitled to any federal tax credit associated with the purchase.";
     (2) Fields requiring information about whether the power purchase agreement may be
transferred to a purchaser of the home or real property where the system is located and, if so, any
conditions for a transfer;
     (3) A field to indicate whether the solar retailer will obtain insurance. The field shall be
accompanied by the statement: "If indicated above, the solar retailer will not obtain insurance
against damage or loss to the system and the customer is responsible if there is damage or loss to
the system."; and
     (4) Fields requiring information about what will happen to the system at the end of the term
of the power purchase agreement.
     5-93-11. Customer right to cancel or rescind solar agreement.
     (a) The customer has the right to cancel or rescind a solar agreement within seven (7) days
of entering into the solar agreement. The standard disclosure form required under § 5-93-6 may
also include the written right of rescission notice required to inform the customer of this right as
provided in subsection (b) of this section.
     (b) The solar retailer shall, at the time of entry into the contract, lease, or other agreement
give a written right of cancellation or rescission notice to the consumer, in hard copy or via
electronic mail with copy attached or downloadable, which must substantially comply with this
section. The notice must:
     (1) Appear in the contract, lease, or other agreement under the conspicuous caption:
"NOTICE OF RIGHT TO CANCEL OR RESCIND"; and
     (2) Read as follows:
     (DATE OF TRANSACTION) "YOU MAY CANCEL AND RESCIND THIS
AGREEMENT, WITHOUT ANY PENALTY OR OBLIGATION, WITHIN SEVEN (7)
BUSINESS DAYS FROM THE ABOVE DATE. IF YOU CANCEL OR RESCIND, YOUR
CANCELLATION OR RESCISSION NOTICE MUST STATE THAT YOU DO NOT WISH TO
BE BOUND BY THE AGREEMENT AND BE MAILED BY REGISTERED OR CERTIFIED
MAIL NOT LATER THAN MIDNIGHT SEVEN (7) DAYS FOLLOWING THE CONSUMER’S
SIGNING THE AGREEMENT, EXCLUDING SUNDAY AND ANY HOLIDAY ON WHICH
REGULAR MAIL DELIVERIES ARE NOT MADE. ALL CANCELLATIONS MUST BE
MAILED TO:
     (INSERT NAME AND ADDRESS OF THE SELLER)."
     (c) Whenever a contract, lease, or other agreement for the sale or lease of a residential solar
energy system fails to conform to the provisions of this section and/or if the consumer or the
consumers consumer’s agent has notified the solar retailer of the consumer’s intent to cancel the
agreement by registered mail, return receipt requested, the solar retailer shall have five (5) business
days to return to the consumer any deposits, fees, costs, or other payments made by the consumer
and any note or other evidence of indebtedness, and any security interest arising out of the
transaction shall be cancelled or terminated. Failure to return all deposits, fees, costs, and other
payments and evidence of indebtedness or to cancel or terminate any security interest shall enable
the consumer to recover from the solar retailer treble damages plus reasonable attorneys’ fees and
costs in any subsequent legal proceeding.
     (d) The consumer’s right of rescission shall not be waived, sold, or abrogated in any way
or manner.
     5-93-12. Good-faith estimate allowed.
     If a solar retailer does not, at the time of providing a standard disclosure form, have exact
cost information required to be included in the standard disclosure form, pursuant to this chapter,
the retailer may make a good-faith estimate of that information, if the solar retailer clearly indicates
that the information is an estimate and provides the basis for the estimate. If the solar retailer’s final
cost assessment differs from previously provided estimates, the retailer shall provide a new and
complete standard disclosure form including itemization of cost differences from the previous
estimate.
     5-93-13. Statement of account; disclosure to purchaser of property.
     (a) Within ten (10) business days of a written request from the lessee under a lease or the
debtor under a financing agreement with respect to a residential solar energy system, any solar
retailer who or that is the lessor or creditor with respect to such lease or financing, or if the lease
or financing is held by or has been assigned to a third party, the third-party lessor or creditor, shall
provide a written statement to the lessee/debtor of all amounts then or thereafter due and owing
under the lease or financing agreement.
     (b) In any purchase and sale agreement or other contract for the sale of residential property
that has a residential solar energy system which that is subject to a lease or unpaid financing, the
homeowner selling the property shall disclose to the property purchaser the existence and terms of
such lease or financing.
     (c) This section shall not preempt, alter, or impair any disclosure requirements required
under chapter 20.8 of this title 5.
     5-93-14. Department enforcement authority -- Administrative fine.
     (a) Subject to subsection (c) of this section, the department may suspend, revoke, or refuse
to issue or renew a solar retailer registration or may levy an administrative penalty of no more than
five thousand dollars ($5,000) per violation for:
     (1) Providing incorrect, misleading, incomplete, or materially untrue information in the
registration application;
     (2) Obtaining or attempting to obtain a registration through fraud or misrepresentation;
     (3) Using fraudulent, coercive, or dishonest practices or demonstrating incompetence,
untrustworthiness, or financial irresponsibility in this state or in another place;
     (4) Having a registration, or its equivalent, denied, suspended, or revoked in any other state,
province, district, or territory;
     (5) Operating as a solar retailer or engaging in solar retailer activities without a current and
valid registration;
     (6) Operating as a solar retailer and hiring, using, or knowingly assisting a contractor who
is not registered under chapter 65 of this title 5 to perform work which that requires registration
under said chapter;
     (7) Operating as a solar retailer and hiring, using, or knowingly assisting a person who is
not licensed under chapter 6 of this title 5 to perform work which that requires a license under said
chapter;
     (8) Operating as a solar retailer and hiring, using, or knowingly assisting a person or
company who or that is not licensed under chapter 14 of title 19 to engage in activities for which
a license is required under said chapter;
     (9) A solar retailer operator or any principal or sales representative thereof having been
convicted of or having pled nolo contendere to an offense involving theft, embezzlement, or
mishandling of funds or to a felony that is substantially related to the solar retailer registration
consistent with § 28-5.1-14; or
     (10) Violating any provisions of this chapter, and/or any applicable federal or state statutes,
rules, regulations, or local ordinances.
     (b) If the department acts to deny a registration application or renewal thereof or to suspend
or revoke a registration, the department will notify the applicant or registrant, in writing, and all
notices and any hearing thereon shall be conducted pursuant to chapter 35 of title 42
("administrative procedures").
     (c) The department may not commence any enforcement action under this section more
than four (4) years after the date of execution of the solar agreement with respect to which a
violation is alleged to have occurred.
     (d) The department may investigate the activities of any person engaged in the solar
industry to determine compliance with this chapter.
     (e) Records required by this chapter, including any other documents or materials presented
to a customer prior to their execution of a solar agreement, shall be maintained and preserved for a
period of seven (7) years from the date thereof and shall be open for inspection by any authorized
representative of the department during regular business hours, by any employee of the office of
the attorney general, and by any state or municipal official or police officer.
     (f) Nothing in this chapter may be construed to affect a remedy a customer has independent
of this chapter; or the department’s ability or authority to enforce any other law or regulation.
     5-93-15. Order to cease and desist.
     (a) If the department has reason to believe that any person, firm, corporation, or association
is conducting any activities requiring registration in this chapter without obtaining a registration,
or who after the denial, suspension, or revocation of a registration conducts any activities requiring
registration under this chapter, the department may issue its order to that person, firm, corporation,
or association commanding them to appear before the department at a hearing to be held no sooner
than ten (10) days nor later than twenty (20) days after issuance of that order to show cause why
the department should not issue an order to that person or entity to cease and desist from the
violation of the provisions of this chapter.
     (b) All hearings shall be governed by the chapter 35 of title 42 ("administrative
procedures"), and by the department’s rules of procedure for administrative hearings.
     5-93-16. Private right of action.
     (a) Any person having a claim against a solar retailer under a solar agreement and/or with
respect to a residential solar energy system may, in addition to any other common law action or
administrative remedy, bring an action under the rules of civil procedure in a state court of
competent jurisdiction. A civil action filed in court under this section may be instituted in lieu of,
or as a supplement to, the department’s administrative proceedings.
     (b) In an action filed under this section in which the plaintiff prevails, the court may, in
addition to any judgment awarded to the plaintiff, require treble damages, reasonable attorneys'
fees, and the costs of the action to be paid by the defendant.
     5-93-17. Loans and financing.
     No person or company, including a solar retailer, shall provide a loan or otherwise finance
or provide financing including retail installment contracts for the purchase and sale of a residential
solar energy system or broker or service such loans, directly or indirectly, without first obtaining a
license pursuant to chapter 14 of title 19, and no person or company engaging in such activities
shall be exempt from licensure under § 19-14.1-10.
     5-93-18. Rules and regulations.
     The department may promulgate such rules and regulations as are necessary and proper to
carry out the provisions of this chapter.
     SECTION 3. This act shall take effect on March 1, 2025.
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LC004388/SUB A
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