15 | 16 | | |
---|
16 | 17 | | |
---|
17 | 18 | | |
---|
18 | 19 | | AN ACT CONCERNING CONSUMER PROTECTION FOR CUSTOMERS |
---|
19 | 20 | | OF SOLAR POWER COMPANIES. |
---|
20 | 21 | | Be it enacted by the Senate and House of Representatives in General |
---|
21 | 22 | | Assembly convened: |
---|
22 | 23 | | |
---|
23 | 24 | | Section 1. (NEW) (Effective October 1, 2024) (a) For purposes of this 1 |
---|
24 | 25 | | section: 2 |
---|
25 | 26 | | (1) "Residential solar photovoltaic system" has the same meaning as 3 |
---|
26 | 27 | | provided in section 16-245nn of the general statutes; and 4 |
---|
27 | 28 | | (2) "Residential solar photovoltaic systems provider" means any 5 |
---|
28 | 29 | | individual, partnership, limited liability company, corporation or other 6 |
---|
29 | 30 | | legal entity which provides residential solar photovoltaic systems. 7 |
---|
30 | 31 | | (b) (1) Any third-party agent who contracts with or is otherwise 8 |
---|
31 | 32 | | compensated by a residential solar photovoltaic systems provider to sell 9 |
---|
32 | 33 | | residential solar photovoltaic systems shall be a legal agent of such 10 |
---|
33 | 34 | | provider. No third-party agent may sell residential solar photovoltaic 11 |
---|
34 | 35 | | systems on behalf of such provider unless (A) the third-party agent is 12 |
---|
35 | 36 | | an employee or independent contractor of such provider, and (B) the 13 |
---|
40 | 42 | | |
---|
41 | 43 | | (2) All sales and solicitations of residential solar photovoltaic systems 15 |
---|
42 | 44 | | by a residential solar photovoltaic systems provider or agent of such 16 |
---|
43 | 45 | | provider to a customer conducted and consummated entirely by mail, 17 |
---|
44 | 46 | | door-to-door sale, telephone or other electronic means, during a 18 |
---|
45 | 47 | | scheduled appointment at the premises of a customer or at a fair, trade 19 |
---|
46 | 48 | | or business show, convention or exposition shall: 20 |
---|
47 | 49 | | (A) For any sale or solicitation, (i) identify the person making such 21 |
---|
48 | 50 | | sale or solicitation and the residential solar photovoltaic systems 22 |
---|
49 | 51 | | provider or providers the person represents; (ii) explain the purpose of 23 |
---|
50 | 52 | | the solicitation; and (iii) explain all rates, fees, variable charges and 24 |
---|
51 | 53 | | terms and conditions for the residential solar photovoltaic systems 25 |
---|
52 | 54 | | provided; and 26 |
---|
53 | 55 | | (B) For door-to-door sales to customers, be conducted (i) in 27 |
---|
54 | 56 | | accordance with any municipal and local ordinances regarding door-to-28 |
---|
55 | 57 | | door solicitations; (ii) between the hours of ten o'clock a.m. and six 29 |
---|
56 | 58 | | o'clock p.m. unless the customer schedules an earlier or later 30 |
---|
57 | 59 | | appointment; and (iii) with both English and Spanish written materials 31 |
---|
58 | 60 | | available. Any representative of a residential solar photovoltaic systems 32 |
---|
59 | 61 | | provider or agent of such provider shall prominently display or wear a 33 |
---|
60 | 62 | | photo identification badge stating the name of such person's employer 34 |
---|
61 | 63 | | or the residential solar photovoltaic systems provider the person 35 |
---|
62 | 64 | | represents. 36 |
---|
63 | 65 | | (3) Each residential solar photovoltaic systems provider shall file 37 |
---|
64 | 66 | | annually with the Public Utilities Regulatory Authority a list that 38 |
---|
65 | 67 | | contains the name of any agent working on behalf of such provider. 39 |
---|
66 | 68 | | (4) Each residential solar photovoltaic systems provider shall develop 40 |
---|
67 | 69 | | and implement standards and qualifications for employees and third-41 |
---|
68 | 70 | | party agents who are engaged in the sale or solicitation of residential 42 |
---|
69 | 71 | | solar photovoltaic systems by such provider. 43 |
---|
70 | 72 | | (c) Each residential solar photovoltaic systems provider or agent of 44 |
---|
71 | 73 | | such provider shall comply with the provisions of the telemarketing 45 |
---|
76 | 79 | | |
---|
77 | 80 | | (d) Any violation of this section shall be deemed an unfair or 47 |
---|
78 | 81 | | deceptive trade practice under subsection (a) of section 42-110b of the 48 |
---|
79 | 82 | | general statutes. Any contract for the residential solar photovoltaic 49 |
---|
80 | 83 | | systems that the authority finds to be the product of unfair or deceptive 50 |
---|
81 | 84 | | marketing practices or in material violation of the provisions of this 51 |
---|
82 | 85 | | section shall be void and unenforceable. Any waiver of the provisions 52 |
---|
83 | 86 | | of this section by a customer of residential solar photovoltaic systems 53 |
---|
84 | 87 | | shall be deemed void and unenforceable by the residential solar 54 |
---|
85 | 88 | | photovoltaic systems provider. 55 |
---|
86 | 89 | | Sec. 2. (Effective from passage) (a) There is established a task force to 56 |
---|
87 | 90 | | examine and make recommendations concerning policy, regulations 57 |
---|
88 | 91 | | and legislation to improve disclosure requirements and consumer 58 |
---|
89 | 92 | | protection for consumers who purchase, lease or enter into power 59 |
---|
90 | 93 | | purchase agreements for solar photovoltaic systems. Such study shall 60 |
---|
91 | 94 | | include an examination of whether special protections are necessary for 61 |
---|
92 | 95 | | consumers who are low-income or senior citizens. 62 |
---|
93 | 96 | | (b) The task force shall consist of the following members: 63 |
---|
94 | 97 | | (1) The Commissioner of Energy and Environmental Protection, or 64 |
---|
95 | 98 | | the commissioner's designee; 65 |
---|
96 | 99 | | (2) The chairperson of the Public Utilities Regulatory Authority, or 66 |
---|
97 | 100 | | the chairperson's designee; 67 |
---|
98 | 101 | | (3) The Consumer Counsel, or the Consumer Counsel's designee; 68 |
---|
99 | 102 | | (4) The Commissioner of Consumer Protection, or the commissioner's 69 |
---|
100 | 103 | | designee; 70 |
---|
101 | 104 | | (5) The president of the Connecticut Green Bank, or the president's 71 |
---|
102 | 105 | | designee; 72 |
---|
103 | 106 | | (6) One appointed by the Governor, who shall be a member of an 73 |
---|
104 | 107 | | association that represents retailers of solar photovoltaic systems in the 74 |
---|
109 | 113 | | |
---|
110 | 114 | | (7) Two appointed by the speaker of the House of Representatives, 76 |
---|
111 | 115 | | one of whom shall have experience representing senior citizens in 77 |
---|
112 | 116 | | matters related to consumer protection or utilities; 78 |
---|
113 | 117 | | (8) Two appointed by the president pro tempore of the Senate, one of 79 |
---|
114 | 118 | | whom shall have experience representing consumer groups, especially 80 |
---|
115 | 119 | | in underserved communities; 81 |
---|
116 | 120 | | (9) One appointed by the majority leader of the House of 82 |
---|
117 | 121 | | Representatives; 83 |
---|
118 | 122 | | (10) One appointed by the majority leader of the Senate; 84 |
---|
119 | 123 | | (11) Two appointed by the minority leader of the House of 85 |
---|
120 | 124 | | Representatives; and 86 |
---|
121 | 125 | | (12) Two appointed by the minority leader of the Senate. 87 |
---|
122 | 126 | | (c) All initial appointments to the task force shall be made not later 88 |
---|
123 | 127 | | than thirty days after the effective date of this section. Any vacancy shall 89 |
---|
124 | 128 | | be filled by the appointing authority. 90 |
---|
125 | 129 | | (d) The speaker of the House of Representatives and the president 91 |
---|
126 | 130 | | pro tempore of the Senate shall select the chairperson of the task force 92 |
---|
127 | 131 | | from among the members of the task force. Such chairperson shall 93 |
---|
128 | 132 | | schedule the first meeting of the task force, which shall be held not later 94 |
---|
129 | 133 | | than sixty days after the effective date of this section. 95 |
---|
130 | 134 | | (e) The administrative staff of the joint standing committee of the 96 |
---|
131 | 135 | | General Assembly having cognizance of matters relating to energy and 97 |
---|
132 | 136 | | technology shall serve as administrative staff of the task force. 98 |
---|
133 | 137 | | (f) Not later than January 1, 2025, the task force shall submit a report 99 |
---|
134 | 138 | | on its findings and recommendations to the joint standing committees 100 |
---|
135 | 139 | | of the General Assembly having cognizance of matters relating to 101 |
---|
136 | 140 | | energy and technology and general law, in accordance with the 102 |
---|
137 | 141 | | provisions of section 11-4a of the general statutes. The task force shall 103 |
---|
150 | | - | ET Joint Favorable |
---|
| 155 | + | Statement of Purpose: |
---|
| 156 | + | To (1) mandate procedures that residential solar photovoltaic systems |
---|
| 157 | + | providers and agents of such providers must follow when conducting |
---|
| 158 | + | residential solar photovoltaic system solicitations, and (2) establish a |
---|
| 159 | + | task force to study policies to improve consumer protection for |
---|
| 160 | + | customers of solar photovoltaic systems. |
---|
| 161 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
---|
| 162 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
---|
| 163 | + | underlined.] |
---|