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