(1) This part 18 applies to a residential solar electric system or residential battery energy storage system agreement entered into on or after July 1, 2026.
(2) This part 18 does not apply to:
(a) The transfer of title or rental of real property on which a residential solar electric system or residential battery energy storage system is or is expected to be located;
(b) A lender, governmental entity, or other third party that enters into an agreement with a consumer to finance a residential solar electric system or residential battery energy storage system but is not a party to a system purchase agreement, power purchase agreement, or lease agreement;
(c) An agreement for a solar electric system or battery energy storage system that is not between a solar sales company and a consumer; or
(d) An agreement for a residential solar electric system or residential battery energy storage system that is installed as a feature of new construction and for which the system is sold in conjunction with residential real property.
Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2423, � 2, effective August 6.
6-1-1803. Agreements for residential solar electric systems or residential battery energy storage systems - disclosures to consumer required. (1) (a) Before entering into an agreement with a consumer for a residential solar electric system or residential battery energy storage system, a solar sales company shall provide to the consumer a written disclosure form that is not more than four pages in length and contains the following information, in a font no smaller than ten points:
(I) The name, physical address, telephone number, and email address of:
(A) The solar sales company;
(B) The solar installation company, if different than the solar sales company; and
(C) The system maintenance provider, if different than the solar sales company;
(II) If the solar sales company does not communicate with consumers by telephone, another method of communication in addition to email;
(III) The payment schedule for up-front costs, including payments due at signing, commencement of installation, and completion of installation, if applicable;
(IV) System design assumptions, including system size, estimated first-year production, estimated annual system production degradation, presence of energy storage, energy storage capacity, and a description of the equipment needed to provide backup power;
(V) A disclosure notifying the consumer whether and to what extent system maintenance and repairs are included in the system agreement and any system maintenance costs for which the consumer will be responsible;
(VI) A disclosure describing warranties for the repair of any damage to the consumer's real property in connection with system installation or removal;
(VII) A description of applicable performance or production guarantees;
(VIII) A description of the basis for any cost-savings estimates that were provided to the consumer, if applicable, which description must include the applicable utility rates and energy and delivery costs, the expected utility bill savings based on the consumer's prior twelve months of utility bills, and the estimated system production and status of utility compensation for excess energy generated by the system at the time of contract signing;
(IX) A disclosure concerning the potential availability of renewable energy credits, if applicable, including an explanation of what renewable energy credits are and how to find out more about them;
(X) Information regarding the operational capabilities of a residential solar electric system or residential battery energy storage system, as applicable, during an electrical outage;
(XI) The following statement: Estimates of cost savings are based on best calculations from the previous twelve months of utility bills, or, if twelve months of utility bills are not available, a reasonable estimate of cost savings. The assumptions, such as the rate your utility charges for electricity, that are used to estimate cost savings may change. There may be utility fees that cannot be offset with solar, and compensation for excess electricity sent back to the grid may be credited to your bill by the utility at rates below what you pay for electricity. For further information regarding rates, you may contact your local utility or, if your local utility is an investor-owned utility, the public utilities commission. Tax and other state and federal incentives offered are subject to change or termination by executive, legislative, or regulatory action, which may impact savings estimates. Please read your contract carefully for more details.
(XII) A disclosure that the solar sales company is not affiliated with the local utility;
(XIII) The following statement: The interconnection procedures for a residential solar energy system or residential battery energy storage system are subject to the policies of the local utility. For information on the specific interconnection policies and procedures applicable to your system, you should contact your local utility or, if your local utility is an investor-owned utility, the public utilities commission.
(XIV) A summarized explanation of the maintenance, operations, and monitoring requirements of the system including an explanation of equipment and labor warranties; and
(XV) A disclosure about the impact of installing a residential solar energy system on any existing roof warranties.
(b) A solar sales company shall offer consumers a sales presentation in both English and Spanish, if requested, and shall provide a consumer the disclosure form described in subsection (1)(a) of this section in the language in which the sales presentation was made to the consumer.
(c) A solar sales company shall address concerns raised by a consumer regarding the disclosure form provided pursuant to subsection (1)(a) of this section during the welcome call conducted pursuant to section 6-1-1809.
(2) In the case of a lease for a residential solar electric system or residential battery energy storage system in which a solar sales company is the lessor, the written disclosure form required pursuant to subsection (1) of this section must also include the following information:
(a) The length of the lease;
(b) The amount of each monthly payment for the first year of the lease;
(c) The estimated total amount of lease payments over the length of the lease;
(d) The rate of any payment increases and the date of the first increase, if applicable;
(e) The total number of lease payments;
(f) Payment due dates and the manner in which the consumer will receive invoices;
(g) A disclosure notifying the consumer whether the lessor will be filing a Uniform Commercial Code fixture filing on the system and the impact on any future sale of the real property; and
(h) A disclosure describing the transferability of the lease and the conditions for lease transfers in connection with a consumer selling the real property.
(3) In the case of a power purchase agreement, the written disclosure form required pursuant to subsection (1) of this section must also include the following information:
(a) The length of the power purchase agreement;
(b) The rates for the first year of the power purchase agreement;
(c) The rate of any payment increases and the date of the first increase, if applicable;
(d) The total number of power purchase agreement payments;
(e) Payment due dates and the manner in which the consumer will receive invoices;
(f) Any one-time or recurring fees, including a description of the circumstances triggering late fees; estimated system removal fees; notice removal and refiling fees assessed pursuant to the Uniform Commercial Code; internet connection fees; and automated clearing house fees, if applicable;
(g) A disclosure notifying the consumer whether the owner of the system will be filing a Uniform Commercial Code fixture filing on the system and the impact on any future sale of the real property; and
(h) A disclosure describing the transferability of the system in connection with the consumer selling the real property.
(4) In the case of a purchase of a residential solar electric system or residential battery energy storage system, the written disclosure form required pursuant to subsection (1) of this section must also include the following information:
(a) The purchase price;
(b) Estimated start and completion dates for installation, accompanied by the following statement: Start and completion dates are only an estimate and may be impacted by delays that may be outside the control of the solar installation company.
(c) A disclosure notifying the purchaser of the party or parties responsible for obtaining interconnection approval; and
(d) The following statement: Laws and regulations about state and federal tax credits are subject to change. Any statement made in these disclosures should not be construed as tax advice. You are encouraged to consult a tax expert regarding any reductions or potential reductions in your tax liability associated with purchasing a residential solar electric system or residential battery energy storage system.
(5) If a consumer's local utility has a public website with information explaining the utility's interconnection procedures, a solar sales company shall provide a link to the website to the consumer.
Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2423, � 2, effective August 6.
6-1-1804. Agreements - contract terms and requirements - cooling-off period. (1) A contract for the sale or lease of, or power purchase agreement for, a residential solar electric system or residential battery energy storage system must:
(a) Include, in conspicuous language, key contract terms such as price and financing terms;
(b) Be written in either English or Spanish, whichever is the same language in which the sale, lease, or power purchase agreement was made; and
(c) Include a dispute resolution process.
(2) An agreement for the sale of a residential solar electric system or residential battery energy storage system must contain the following information:
(a) The name, physical address, telephone number, and email address of:
(I) The solar sales company that sold the system;
(II) The solar installation company, if different than the solar sales company; and
(III) If applicable, the salesperson who solicited or negotiated the agreement;
(b) The purchase price;
(c) The payment schedule, if applicable;
(d) A description of the project, including the system size expressed in kilowatts of direct current electricity and kilowatts of alternating current electricity; the solar modules to be installed; the inverters to be installed; the monitoring to be installed; and, if applicable, the energy storage system to be installed;
(e) Estimated start and completion dates for installation, accompanied by the following statement: The actual start and completion dates depend on many factors, such as delays related to permitting and interconnection approvals, which are controlled by your local jurisdiction and local utility, respectively.
(f) An explanation of applicable warranties or guarantees, including the transferability of any obligations, in compliance with the federal Magnuson-Moss Warranty--Federal Trade Commission Improvement Act, 15 U.S.C. sec. 2301 et seq.;
(g) The name of the local utility; and
(h) Which party or parties are responsible for filing the interconnection application and permits.
(3) An agreement for the lease of a residential solar electric system or residential battery energy storage system must contain the following information:
(a) The name, physical address, telephone number, and email address of:
(I) The lessor;
(II) The solar installation company, if different than the lessor; and
(III) If applicable, the salesperson who solicited or negotiated the agreement;
(b) If the lessor does not communicate with consumers by telephone, another method of communication in addition to email;
(c) The total payments required pursuant to the lease and the payment schedule, including the number, amount, and due dates or periods of payments;
(d) A description of the project, including the system size expressed in kilowatts of direct current electricity and kilowatts of alternating current electricity; the solar modules to be installed; the inverters to be installed; the monitoring to be installed; and, if applicable, the energy storage system to be installed;
(e) Estimated start and completion dates for installation, accompanied by the following statement: The actual start and completion dates depend on many factors, such as delays related to permitting and interconnection approvals, which are controlled by your local jurisdiction and local utility, respectively.
(f) An explanation of applicable warranties or guarantees, including the transferability of any obligations;
(g) A description of the maintenance and repair responsibilities of each party;
(h) An explanation of whether the consumer has the right to purchase the leased system, either during the lease term or at the termination of the lease, and, if so, the purchase price;
(i) A description of the consumer's options to transfer the lease to a third party and the conditions for a transfer;
(j) Which party or parties are responsible for filing the interconnection application and permits; and
(k) A description of any security interest filed against the system, including Uniform Commercial Code financing statements.
(4) A power purchase agreement for a residential solar electric system or residential battery energy storage system in which a solar sales company is the lessor must contain the following information:
(a) The name, physical address, telephone number, and email address of:
(I) The solar sales company;
(II) The solar installation company, if different than the solar sales company; and
(III) If applicable, the salesperson who solicited or negotiated the agreement;
(b) If the solar sales company does not communicate with consumers by telephone, another method of communication in addition to email;
(c) The payment schedule for the sale of output of the residential solar electric system, including the number, amount, and due dates or periods of payments;
(d) A description of the project, including the system size expressed in kilowatts of direct current electricity and kilowatts of alternating current electricity; the solar modules to be installed; the inverters to be installed; the monitoring to be installed; and, if applicable, the energy storage system to be installed;
(e) Estimated start and completion dates for installation, accompanied by the following statement: The actual start and completion dates depend on many factors, such as delays related to permitting and interconnection approvals, which are controlled by your local jurisdiction and local utility, respectively.
(f) An explanation of applicable warranties or guarantees, including the transferability of any obligations;
(g) A description of the maintenance and repair responsibilities of each party;
(h) An explanation of whether the consumer has the right to purchase the system, either during the term of the power purchase agreement or at the termination of the power purchase agreement, and, if so, the purchase price;
(i) A description of the consumer's options to transfer the contract to a third party and the conditions for a transfer;
(j) Which party or parties are responsible for filing the interconnection application and permits; and
(k) A description of any security interest filed against the system, including Uniform Commercial Code financing statements.
(5) In the case of a sale of a residential solar electric system or residential battery energy storage system:
(a) A consumer has at least three business days after receiving the initial signed agreement to cancel the agreement without financial penalty, subject to section 6-1-1809 (3), with the exception of any nonrefundable deposits collected before receipt of the signed agreement, in an amount not to exceed one hundred dollars;
(b) The seller shall verbally explain to the consumer the consumer's right to rescind the agreement without financial penalty upon the consumer signing the agreement and shall provide the specific date up until the agreement may be canceled by the consumer;
(c) An agreement must include, adjacent to the signature line, the following statement in bold-faced font: You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation form for an explanation of this right.
(d) An agreement must include a copy of a cancellation form in substantially the same form set forth in federal regulations regarding cooling-off periods for sales made at homes or at certain other locations; and
(e) Compliance with federal regulations adopted under the Federal Trade Commission Act of 1914, 15 U.S.C. sec. 41 et. seq., regarding cooling-off periods for sales made at homes or at certain other locations constitutes compliance with this subsection (5).
Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2427, � 2, effective August 6.
6-1-1805. Financing of residential solar electric systems and residential battery energy storage systems - documents required. (1) If a residential electric solar system or residential battery energy storage system is financed, the financing documents must include:
(a) The length, terms, and cost of the financing agreement in clear and conspicuous language;
(b) An explanation of whether the financier will be filing an encumbrance against the real property and, if so, the impact of the filing on a future real property transaction; and
(c) A notification of any security interest filed against the residential solar electric system or residential battery energy storage system, including Uniform Commercial Code financing statements.
Source: L. 2025: Entire part added, (SB 25-299), ch. 427, p. 2431, � 2, effective August 6.