Connecticut 2022 Regular Session

Connecticut House Bill HB05326 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	9		General Assembly Raised Bill No. 5326
8	10		February Session, 2022
9	11		LCO No. 2552
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12	14		Referred to Committee on ENERGY AND TECHNOLOGY
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15	17		Introduced by:
16	18		(ET)
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20	23		AN ACT CONCERNING RESIDENTIAL SOLAR PHOTOVOLTAIC
21	24		SYSTEMS SOLICITATIONS AND REAL ESTATE TRANSACTIONS
22	25		INVOLVING SOLAR.
23	26		Be it enacted by the Senate and House of Representatives in General
24	27		Assembly convened:
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26	29		Section 1. (NEW) (Effective October 1, 2022) (a) For purposes of this 1
27	30		section: 2
28	31		(1) "Residential solar photovoltaic systems" has the same meaning as 3
29	32		provided in section 16-245nn of the general statutes; and 4
30	33		(2) "Residential solar photovoltaic systems provider" means any 5
31	34		individual, partnership, limited liability company, corporation or other 6
32	35		legal entity which provides residential solar photovoltaic systems. 7
33	36		(b) (1) Any third-party agent who contracts with or is otherwise 8
34	37		compensated by a residential solar photovoltaic systems provider to sell 9
35	38		residential solar photovoltaic systems shall be a legal agent of such 10
36	39		provider. No third-party agent may sell residential solar photovoltaic 11
37	40		systems on behalf of such provider unless (A) the third-party agent is 12
38	41		an employee or independent contractor of such provider, and (B) the 13 Raised Bill No. 5326
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45	47		third-party agent has received training directly from such provider. 14
46	48		(2) All sales and solicitations of residential solar photovoltaic systems 15
47	49		by a residential solar photovoltaic systems provider or agent of such 16
48	50		provider to a customer conducted and consummated entirely by mail, 17
49	51		door-to-door sale, telephone or other electronic means, during a 18
50	52		scheduled appointment at the premises of a customer or at a fair, trade 19
51	53		or business show, convention or exposition shall: 20
52	54		(A) For any sale or solicitation, (i) identify the person making such 21
53	55		sale or solicitation and the residential solar photovoltaic systems 22
54	56		provider or providers the person represents; (ii) explain the purpose of 23
55	57		the solicitation; and (iii) explain all rates, fees, variable charges and 24
56	58		terms and conditions for the residential solar photovoltaic systems 25
57	59		provided; and 26
58	60		(B) For door-to-door sales to customers, be conducted (i) in 27
59	61		accordance with any municipal and local ordinances regarding door-to-28
60	62		door solicitations; (ii) between the hours of ten o'clock a.m. and six 29
61	63		o'clock p.m. unless the customer schedules an earlier or later 30
62	64		appointment; and (iii) with both English and Spanish written materials 31
63	65		available. Any representative of a residential solar photovoltaic systems 32
64	66		provider or agent of such provider shall prominently display or wear a 33
65	67		photo identification badge stating the name of such person's employer 34
66	68		or the residential solar photovoltaic systems provider the person 35
67	69		represents. 36
68	70		(3) Each residential solar photovoltaic systems provider shall file 37
69	71		annually with the Public Utilities Regulatory Authority a list that 38
70	72		contains the name of any agent working on behalf of such provider. 39
71	73		(4) Each residential solar photovoltaic systems provider shall develop 40
72	74		and implement standards and qualifications for employees and third-41
73	75		party agents who are engaged in the sale or solicitation of residential 42
74	76		solar photovoltaic systems by such provider. 43
75	77		(c) Each residential solar photovoltaic systems provider or agent of 44 Raised Bill No. 5326
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82	83		such provider shall comply with the provisions of the telemarketing 45
83	84		rules adopted pursuant to 15 USC 6102. 46
84	85		(d) Any violation of this section shall be deemed an unfair or 47
85	86		deceptive trade practice under subsection (a) of section 42-110b of the 48
86	87		general statutes. Any contract for the residential solar photovoltaic 49
87	88		systems that the authority finds to be the product of unfair or deceptive 50
88	89		marketing practices or in material violation of the provisions of this 51
89	90		section shall be void and unenforceable. Any waiver of the provisions 52
90	91		of this section by a customer of residential solar photovoltaic systems 53
91	92		shall be deemed void and unenforceable by the residential solar 54
92	93		photovoltaic systems provider. 55
93	94		(e) Any violation or failure to comply with any provision of this 56
94	95		section shall be subject to civil penalties by the Public Utilities 57
95	96		Regulatory Authority in accordance with section 16-41 of the general 58
96	97		statutes. 59
97	98		Sec. 2. (NEW) (Effective October 1, 2022) Notwithstanding any 60
98	99		provision of the general statutes, whenever any purchaser or seller of 61
99	100		any residential property with a leased solar photovoltaic system 62
100	101		installed on such property contacts such solar company for the purpose 63
101	102		of discussing the assumption of such lease by the purchaser and any 64
102	103		other matter pertaining to such system, such solar company shall 65
103	104		respond to such purchaser or seller, as applicable, not later than one 66
104	105		week after receipt of such contact. In the event such solar company does 67
105	106		not contact such purchaser or seller as required by this section, the term 68
106	107		for any such lease shall be reduced by a period of five years, at the option 69
107	108		of such purchaser. 70
108	109		This act shall take effect as follows and shall amend the following
109	110		sections:
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111	112		Section 1 October 1, 2022 New section
112	113		Sec. 2 October 1, 2022 New section
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122		-	ET Joint Favorable
	120	+	Statement of Purpose:
	121	+	To mandate procedures that residential solar photovoltaic systems
	122	+	providers and agents of such providers must follow when conducting
	123	+	residential solar photovoltaic systems solicitations and to require solar
	124	+	companies to respond promptly to buyers and sellers during real estate
	125	+	transactions.
	126	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	127	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	128	+	underlined.]
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