| 10 | | - | delivery of such written disclosure statement; to provide for definitions; to require the Public5 |
|---|
| 11 | | - | Service Commission to develop a form for the written disclosure statement and a solar6 |
|---|
| 12 | | - | awareness presentation to be provided on its website; to provide for the imposition and7 |
|---|
| 13 | | - | collection of civil penalties; to provide for exceptions; to provide for related matters; to8 |
|---|
| 14 | | - | provide for an effective date and applicability; to repeal conflicting laws; and for other9 |
|---|
| 15 | | - | purposes.10 |
|---|
| 16 | | - | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
|---|
| 17 | | - | SECTION 1.12 |
|---|
| 18 | | - | Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electrical service,13 |
|---|
| 19 | | - | is amended by adding a new article to read as follows:14 |
|---|
| 20 | | - | - 1 - 24 LC 55 0286S |
|---|
| 21 | | - | "ARTICLE 515 |
|---|
| 22 | | - | 46-3-600.16 |
|---|
| 23 | | - | As used in this article, the term:17 |
|---|
| 24 | | - | (1) 'Agreement' means a contract executed between a seller and:18 |
|---|
| 25 | | - | (A) A buyer for the purchase of a distributed energy generation system; or19 |
|---|
| 26 | | - | (B) A lessee for the financing of a distributed energy generation system either through20 |
|---|
| 27 | | - | a lease or a solar energy procurement agreement.21 |
|---|
| 28 | | - | (2) 'Buyer' means a person that enters into an agreement to purchase a distributed energy22 |
|---|
| 29 | | - | generation system from a seller.23 |
|---|
| 30 | | - | (3) 'Distributed energy generation system' means a device or system that:24 |
|---|
| 31 | | - | (A) Is used to generate or store electricity;25 |
|---|
| 32 | | - | (B) Has an electric delivery capacity, individually or in connection with other similar26 |
|---|
| 33 | | - | devices or systems, of greater than one kilowatt or one kilowatt hour; and27 |
|---|
| 34 | | - | (C) Is used primarily for on-site consumption for residential purposes.28 |
|---|
| 35 | | - | Such term shall not include an electric generator intended for occasional use.29 |
|---|
| 36 | | - | (4) 'Electric supplier' shall have the same meaning as provided in Code Section 46-3-3.30 |
|---|
| 37 | | - | (5) 'Lessee' means a person that finances a distributed energy generation system either31 |
|---|
| 38 | | - | through a lease or a solar energy procurement agreement.32 |
|---|
| 39 | | - | (6) 'Person' means an individual or entity.33 |
|---|
| 40 | | - | (7) 'Seller' means a person engaged in, or whose business consists of, selling distributed34 |
|---|
| 41 | | - | energy generation systems or financing distributed energy generation systems through35 |
|---|
| 42 | | - | leases or solar energy procurement agreements.36 |
|---|
| 43 | | - | (8) 'Solar energy procurement agreement' shall have the same meaning as provided in37 |
|---|
| 44 | | - | Code Section 46-3-62.38 |
|---|
| 45 | | - | - 2 - 24 LC 55 0286S |
|---|
| 46 | | - | 46-3-601.39 |
|---|
| 47 | | - | (a) A seller shall provide to every buyer and lessee as part of any agreement a written40 |
|---|
| 48 | | - | disclosure statement. Such written disclosure statement shall be printed in at least 12 point41 |
|---|
| 49 | | - | type, be acknowledged by the buyer or lessee, and include the following information,42 |
|---|
| 50 | | - | disclosures, and guarantees, if applicable:43 |
|---|
| 51 | | - | (1) The name, address, telephone number, and email address of the buyer or lessee;44 |
|---|
| 52 | | - | (2) The name, address, telephone number, email address, and valid state contractor45 |
|---|
| 53 | | - | license number of the person responsible for installing the distributed energy generation46 |
|---|
| 54 | | - | system;47 |
|---|
| 55 | | - | (3) The name, address, telephone number, email address, and valid state contractor48 |
|---|
| 56 | | - | license number of the distributed energy generation system maintenance provider, if49 |
|---|
| 57 | | - | different from the person responsible for installing the distributed energy generation50 |
|---|
| 58 | | - | system;51 |
|---|
| 59 | | - | (4)(A) A disclosure notifying the buyer or lessee whether the distributed energy52 |
|---|
| 60 | | - | generation system is being purchased or being financed through a lease or a solar53 |
|---|
| 61 | | - | energy procurement agreement.54 |
|---|
| 62 | | - | (B) If the distributed energy generation system is being purchased, the written55 |
|---|
| 63 | | - | disclosure statement shall include a disclosure in substantially the following form: 'You56 |
|---|
| 64 | | - | are entering into an agreement to purchase a distributed energy generation system. You57 |
|---|
| 65 | | - | will own (not lease) the system installed on your property.'58 |
|---|
| 66 | | - | (C) If the distributed energy generation system is being financed through a lease, the59 |
|---|
| 67 | | - | written disclosure statement shall include a disclosure in substantially the following60 |
|---|
| 68 | | - | form: 'You are entering into an agreement to lease a distributed energy generation61 |
|---|
| 69 | | - | system. You will lease (not own) the system installed on your property.'62 |
|---|
| 70 | | - | (D) If the distributed energy generation system is being financed through a solar63 |
|---|
| 71 | | - | energy procurement agreement, the written disclosure statement shall include a64 |
|---|
| 72 | | - | disclosure in substantially the following form: 'You are entering into an agreement to65 |
|---|
| 73 | | - | - 3 - 24 LC 55 0286S |
|---|
| 74 | | - | purchase power from a distributed energy generation system. You will not own the66 |
|---|
| 75 | | - | system installed on your property.';67 |
|---|
| 76 | | - | (5) The total cost to be paid by the buyer or lessee, including, but not limited to, any68 |
|---|
| 77 | | - | interest, installation fees, document preparation fees, service fees, or other fees or69 |
|---|
| 78 | | - | charges. Such total cost if the distributed energy generation system is financed through70 |
|---|
| 79 | | - | a solar energy procurement agreement shall include the initial payment rate and, if71 |
|---|
| 80 | | - | applicable, the rate of any payment increases and the date of the first increase;72 |
|---|
| 81 | | - | (6) A payment schedule, including any amounts owed at the agreement signing, at the73 |
|---|
| 82 | | - | commencement of installation, and at the completion of installation and any final74 |
|---|
| 83 | | - | payments. If the distributed energy generation system is being financed through a lease,75 |
|---|
| 84 | | - | the written disclosure statement shall include the frequency and amount of each payment76 |
|---|
| 85 | | - | due under the lease and the total estimated lease payments over the term of the lease;77 |
|---|
| 86 | | - | (7) A description of the assumptions used to calculate any savings estimates provided to78 |
|---|
| 87 | | - | the buyer or lessee and a statement in substantially the following form: 'It is important to79 |
|---|
| 88 | | - | understand that any representations as to savings based on future electric utility rates are80 |
|---|
| 89 | | - | estimates only. Your future electric utility rates may vary.';81 |
|---|
| 90 | | - | (8) A description of any one-time or recurring fees, including, but not limited to,82 |
|---|
| 91 | | - | estimated system removal fees, maintenance fees, internet connection fees, automated83 |
|---|
| 92 | | - | clearinghouse fees, and circumstances triggering late fees that may apply;84 |
|---|
| 93 | | - | (9) A disclosure notifying the buyer or lessee as to whether the distributed energy85 |
|---|
| 94 | | - | generation system is being financed and whether the seller is assisting in arranging such86 |
|---|
| 95 | | - | financing. If the distributed energy generation system is being financed, the written87 |
|---|
| 96 | | - | disclosure statement shall include a statement in substantially the following form: 'Your88 |
|---|
| 97 | | - | system is financed. Carefully read any agreements, contracts, and disclosure forms89 |
|---|
| 98 | | - | provided by your lender. This written disclosure statement does not contain the terms of90 |
|---|
| 99 | | - | your financing agreement. If you have any questions about your financing agreement,91 |
|---|
| 100 | | - | contact your finance provider before signing any agreement or contract.';92 |
|---|
| 101 | | - | - 4 - 24 LC 55 0286S |
|---|
| 102 | | - | (10) A declaration providing notification of the number of days after the agreement is93 |
|---|
| 103 | | - | signed during which the buyer or lessee shall have the right to rescind such agreement. 94 |
|---|
| 104 | | - | If the buyer or lessee does not have right to rescind the agreement, notification that such95 |
|---|
| 105 | | - | right does not exist and an explanation as to why it does not;96 |
|---|
| 106 | | - | (11) A description of the distributed energy generation system's:97 |
|---|
| 107 | | - | (A) Design assumptions, including the make and model of the major components,98 |
|---|
| 108 | | - | system size, estimated first-year energy production, and estimated annual energy99 |
|---|
| 109 | | - | production decreases, including the overall percentage degradation over the estimated100 |
|---|
| 110 | | - | life of the distributed energy generation system; and101 |
|---|
| 111 | | - | (B) Excess energy utility compensation status at the time the agreement is signed;102 |
|---|
| 112 | | - | provided, however, that a seller that provides a warranty or guarantee of the energy103 |
|---|
| 113 | | - | production output of the distributed energy generation system may provide a description104 |
|---|
| 114 | | - | and copy of such warranty or guarantee in lieu of the description required under this105 |
|---|
| 115 | | - | paragraph;106 |
|---|
| 116 | | - | (12) A description of any performance or production guarantees;107 |
|---|
| 117 | | - | (13) A declaration notifying the buyer or lessee of each federal and state tax credit,108 |
|---|
| 118 | | - | rebate, or incentive, if any, relied upon by the seller in determining the price of the109 |
|---|
| 119 | | - | distributed energy generation system and any applicable federal or state tax credit, rebate,110 |
|---|
| 120 | | - | or incentive for which the buyer or lessee may qualify that is known to the seller at the111 |
|---|
| 121 | | - | time the agreement is signed. Such declaration shall also disclose to the lessee whether112 |
|---|
| 122 | | - | financing a distributed energy generation system through a lease may affect qualification113 |
|---|
| 123 | | - | for any such tax credit, rebate, or incentive. Such declaration shall recommend that the114 |
|---|
| 124 | | - | buyer or lessee seek professional tax advice to determine how any tax credits, rebates,115 |
|---|
| 125 | | - | incentives, or renewable energy certificates may apply to such buyer or lessee;116 |
|---|
| 126 | | - | (14) A description of the ownership and transferability of any tax credits, rebates,117 |
|---|
| 127 | | - | incentives, or renewable energy certificates associated with the distributed energy118 |
|---|
| 128 | | - | - 5 - 24 LC 55 0286S |
|---|
| 129 | | - | generation system, including a disclosure as to whether the seller is able to and intends119 |
|---|
| 130 | | - | to assign or sell any associated renewable energy certificates to a third party;120 |
|---|
| 131 | | - | (15) If the distributed energy generation system is being purchased, a disclosure121 |
|---|
| 132 | | - | notifying the buyer as to the potential for tax liability or tax credit eligibility by including122 |
|---|
| 133 | | - | a statement in substantially the following form: 'You are responsible for property taxes123 |
|---|
| 134 | | - | on property you own. Consult a tax professional to understand any tax liability or any124 |
|---|
| 135 | | - | tax credit eligibility that may result from the purchase or financing of a distributed energy125 |
|---|
| 136 | | - | generation system.';126 |
|---|
| 137 | | - | (16) The estimated start and completion date for the installation of the distributed energy127 |
|---|
| 138 | | - | generation system;128 |
|---|
| 139 | | - | (17) A declaration as to whether any maintenance and repairs of the distributed energy129 |
|---|
| 140 | | - | generation system are included in the purchase price or financing costs;130 |
|---|
| 141 | | - | (18) A disclosure as to whether any warranty or maintenance obligations related to the131 |
|---|
| 142 | | - | distributed energy generation system may be assigned, sold, or transferred by the seller132 |
|---|
| 143 | | - | to a third party and, if so, a statement in substantially the following form: 'Your contract133 |
|---|
| 144 | | - | may be assigned, sold, or transferred without your consent to a third party who will be134 |
|---|
| 145 | | - | bound to all of the terms of the contract. If an assignment, sale, or transfer occurs, you135 |
|---|
| 146 | | - | will be notified if this will change the address or phone number to use for system136 |
|---|
| 147 | | - | maintenance or repair requests.';137 |
|---|
| 148 | | - | (19) If the distributed energy generation system is being purchased, a disclosure138 |
|---|
| 149 | | - | notifying the buyer of the requirements for interconnecting the system to the utility139 |
|---|
| 150 | | - | system;140 |
|---|
| 151 | | - | (20) A disclosure notifying the buyer or lessee of the party responsible for obtaining141 |
|---|
| 152 | | - | interconnection approval;142 |
|---|
| 153 | | - | (21) A disclosure notifying the buyer or lessee whether any additional equipment may143 |
|---|
| 154 | | - | be necessary in order to maintain continuous power access;144 |
|---|
| 155 | | - | (22) A description and copy of any roof warranties;145 |
|---|
| 156 | | - | - 6 - 24 LC 55 0286S |
|---|
| 157 | | - | (23) A disclosure notifying the lessee whether the seller will insure a leased distributed146 |
|---|
| 158 | | - | energy generation system against damage or loss and, if applicable, a disclosure notifying147 |
|---|
| 159 | | - | the buyer or lessee the circumstances under which the seller will not insure the system148 |
|---|
| 160 | | - | against damage or loss, in substantially the following form: 'You are responsible for149 |
|---|
| 161 | | - | obtaining insurance policies or coverage for any loss of or damage to the system. Consult150 |
|---|
| 162 | | - | an insurance professional to understand how to protect against the risk of loss or damage151 |
|---|
| 163 | | - | to the system.';152 |
|---|
| 164 | | - | (24) A disclosure notifying the buyer or lessee whether the seller will place a lien on the153 |
|---|
| 165 | | - | buyer's or lessee's home or other property as a result of entering into an agreement for the154 |
|---|
| 166 | | - | purchase or financing of the distributed energy generation system;155 |
|---|
| 167 | | - | (25) A disclosure notifying the buyer or lessee whether the seller will file a fixture filing156 |
|---|
| 168 | | - | or a financing statement pursuant to Article 9 of Title 11 on the distributed energy157 |
|---|
| 169 | | - | generation system;158 |
|---|
| 170 | | - | (26) A disclosure identifying whether the agreement contains any restrictions on the159 |
|---|
| 171 | | - | buyer's or lessee's ability to modify or transfer ownership of a distributed energy160 |
|---|
| 172 | | - | generation system, including whether any such modification or transfer is subject to161 |
|---|
| 173 | | - | review or approval by a third party;162 |
|---|
| 174 | | - | (27) If the distributed energy generation system is being financed through a lease or solar163 |
|---|
| 175 | | - | energy procurement agreement, a disclosure as to whether the lease or the solar energy164 |
|---|
| 176 | | - | procurement agreement may be transferred to a purchaser upon sale of the home or real165 |
|---|
| 177 | | - | property to which the system is affixed, and any conditions for such transfer;166 |
|---|
| 178 | | - | (28) The address of and specific link to the commission's internet website where the solar167 |
|---|
| 179 | | - | awareness presentation required under Code Section 46-3-602 is available. The seller168 |
|---|
| 180 | | - | may also include the internet website address of or specific link to another consumer169 |
|---|
| 181 | | - | information video that it has produced or that is publicly available; and170 |
|---|
| 182 | | - | (29) A blank section that allows the seller to provide additional relevant disclosures or171 |
|---|
| 183 | | - | explain disclosures made elsewhere in the written disclosure statement.172 |
|---|
| 184 | | - | - 7 - 24 LC 55 0286S |
|---|
| 185 | | - | (b) The requirement to provide a written disclosure statement under subsection (a) of this173 |
|---|
| 186 | | - | Code section may be satisfied by the electronic delivery of such written disclosure174 |
|---|
| 187 | | - | statement if the intended recipient of the electronically delivered written disclosure175 |
|---|
| 188 | | - | statement affirmatively acknowledges its receipt. An electronic document satisfies the font176 |
|---|
| 189 | | - | and other formatting standards required for the written disclosure statement if the format177 |
|---|
| 190 | | - | and the relative size of characters of the electronic document are reasonably similar to178 |
|---|
| 191 | | - | those required in subsection (a) of this Code section or if the contents of such electronic179 |
|---|
| 192 | | - | document are otherwise displayed in a reasonably conspicuous manner.180 |
|---|
| 193 | | - | 46-3-602.181 |
|---|
| 194 | | - | Prior to January 1, 2025, the commission shall:182 |
|---|
| 195 | | - | (1) Publish on its internet website separate standard written disclosure statement forms183 |
|---|
| 196 | | - | that may be used to comply with the requirements of Code Section 46-3-601. Written184 |
|---|
| 197 | | - | disclosure statements provided in substantially the same configuration as the forms185 |
|---|
| 198 | | - | published by the commission or containing the information and disclosures required by186 |
|---|
| 199 | | - | Code Section 46-3-601 shall satisfy the disclosure requirements of this article; and187 |
|---|
| 200 | | - | (2)(A) Develop and make available to the public on its website a solar awareness188 |
|---|
| 201 | | - | presentation.189 |
|---|
| 202 | | - | (B) Such solar awareness presentation shall be prerecorded and shall include consumer190 |
|---|
| 203 | | - | information related to:191 |
|---|
| 204 | | - | (i) Written disclosure statements and other requirements of this article;192 |
|---|
| 205 | | - | (ii) The ongoing costs and maintenance associated with distributed energy generation193 |
|---|
| 206 | | - | systems; and194 |
|---|
| 207 | | - | (iii) The current laws in this state relating to metering and connecting distributed195 |
|---|
| 208 | | - | energy generation systems to an electric supplier's distribution system.196 |
|---|
| 209 | | - | (C) The commission shall consult with and solicit proposals from the solar industry197 |
|---|
| 210 | | - | when developing the solar awareness presentation.198 |
|---|
| 211 | | - | - 8 - 24 LC 55 0286S |
|---|
| 212 | | - | (D) The commission may contract with or hire any experts, consultants, or other199 |
|---|
| 213 | | - | individuals as may be necessary to develop and publish the solar awareness200 |
|---|
| 214 | | - | presentation.201 |
|---|
| 215 | | - | 46-3-603.202 |
|---|
| 216 | | - | (a) A seller that willfully:203 |
|---|
| 217 | | - | (1) Fails to provide a written disclosure statement as required under Code204 |
|---|
| 218 | | - | Section 46-3-601; or205 |
|---|
| 219 | | - | (2) Fails to provide a written disclosure statement that meets all of the applicable206 |
|---|
| 220 | | - | requirements of Code Section 46-3-601207 |
|---|
| 221 | | - | shall be liable for a civil penalty for each violation, provided that the maximum civil208 |
|---|
| 222 | | - | penalty for violations associated with one distributed energy generation system shall not209 |
|---|
| 223 | | - | exceed the amount provided for in the agreement as the purchase price if the distributed210 |
|---|
| 224 | | - | energy generation system is purchased or, if the agreement is for the financing of the211 |
|---|
| 225 | | - | distributed energy generation system, the maximum civil penalty shall not exceed the212 |
|---|
| 226 | | - | amount the financed distributed energy generation system would have cost the lessee to213 |
|---|
| 227 | | - | purchase at the time the agreement is signed.214 |
|---|
| 228 | | - | (b) A civil penalty under subsection (a) of this Code section may only be imposed by the215 |
|---|
| 229 | | - | commission and only after notice and hearing. In determining the amount of the penalty,216 |
|---|
| 230 | | - | the commission shall consider the gravity and number of violations. The amount of such217 |
|---|
| 231 | | - | penalty may be collected by the commission in the manner provided in Code218 |
|---|
| 232 | | - | Section 9-11-69 for the enforcement of money judgments.219 |
|---|
| 233 | | - | (c) The civil penalty provided for in this Code section shall be in addition to any criminal220 |
|---|
| 234 | | - | or civil penalties otherwise provided by law.221 |
|---|
| 235 | | - | 46-3-604.222 |
|---|
| 236 | | - | The provisions of this article shall not apply to:223 |
|---|
| 237 | | - | - 9 - 24 LC 55 0286S |
|---|
| 238 | | - | (1) A person acting through officers, employees, brokers, or agents that markets, sells,224 |
|---|
| 239 | | - | solicits, negotiates, or enters into an agreement for the purchase or financing of a225 |
|---|
| 240 | | - | distributed energy generation system as part of a transaction involving the sale or transfer226 |
|---|
| 241 | | - | of the real property on which the system is or will be affixed;227 |
|---|
| 242 | | - | (2) A transaction involving the sale or transfer of the real property on which a distributed228 |
|---|
| 243 | | - | energy generation system is affixed;229 |
|---|
| 244 | | - | (3) The sale or lease of a distributed energy generation system that will be installed on230 |
|---|
| 245 | | - | nonresidential real property; or231 |
|---|
| 246 | | - | (4) A person, other than the seller, that installs a distributed energy generation system232 |
|---|
| 247 | | - | on residential property."233 |
|---|
| 248 | | - | SECTION 2.234 |
|---|
| 249 | | - | This Act shall become effective on July 1, 2024, and shall apply to contracts executed on or235 |
|---|
| 250 | | - | after January 1, 2025, for the purchase of a distributed energy generation system or for the236 |
|---|
| 251 | | - | financing of a distributed energy generation system either through a lease or a solar energy237 |
|---|
| 252 | | - | procurement agreement.238 |
|---|
| 253 | | - | SECTION 3.239 |
|---|
| 254 | | - | All laws and parts of laws in conflict with this Act are repealed. 240 |
|---|
| 25 | + | delivery of such written disclosure statement; to provide for definitions; to require a5 |
|---|
| 26 | + | certificate of authority as a prerequisite for sellers that are not electric suppliers that want to6 |
|---|
| 27 | + | sell or lease to a retail customer a distributed energy generation system or enter into a solar7 |
|---|
| 28 | + | energy procurement agreement with a retail customer; to provide the Public Service8 |
|---|
| 29 | + | Commission with the authority to issue multiple certificates of authority; to provide for the9 |
|---|
| 30 | + | promulgation of rules and regulations and other requirements regarding applications for a10 |
|---|
| 31 | + | certificate of authority; to provide for public hearings and decisions on applications; to11 |
|---|
| 32 | + | provide for revocations, suspension, and other action on certificates of authority; to provide12 |
|---|
| 33 | + | for appeals; to require that persons installing such systems be licensed; to require the Public13 |
|---|
| 34 | + | Service Commission to develop a form for the written disclosure statement and a solar14 |
|---|
| 35 | + | awareness presentation to be provided on its website; to provide for the imposition and15 |
|---|
| 36 | + | collection of civil penalties; to provide for exceptions; to provide for related matters; to16 |
|---|
| 37 | + | provide for an effective date and applicability; to repeal conflicting laws; and for other17 |
|---|
| 38 | + | purposes.18 23 LC 36 5433S |
|---|
| 39 | + | H. B. 73 (SUB) |
|---|
| 40 | + | - 2 - |
|---|
| 41 | + | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: |
|---|
| 42 | + | 19 |
|---|
| 43 | + | SECTION 1.20 |
|---|
| 44 | + | Chapter 3 of Title 46 of the Official Code of Georgia Annotated, relating to electrical service,21 |
|---|
| 45 | + | is amended by adding a new article to read as follows:22 |
|---|
| 46 | + | "ARTICLE 5 |
|---|
| 47 | + | 23 |
|---|
| 48 | + | 46-3-600.24 |
|---|
| 49 | + | As used in this article, the term:25 |
|---|
| 50 | + | (1) 'Agreement' means a contract executed between a seller and:26 |
|---|
| 51 | + | (A) A buyer for the purchase of a distributed energy generation system; or27 |
|---|
| 52 | + | (B) A lessee for the financing of a distributed energy generation system either through28 |
|---|
| 53 | + | a lease or a solar energy procurement agreement.29 |
|---|
| 54 | + | (2) 'Buyer' means a person that enters into an agreement to purchase a distributed energy30 |
|---|
| 55 | + | generation system from a seller.31 |
|---|
| 56 | + | (3) 'Distributed energy generation system' means a device or system that:32 |
|---|
| 57 | + | (A) Is used to generate or store electricity;33 |
|---|
| 58 | + | (B) Has an electric delivery capacity, individually or in connection with other similar34 |
|---|
| 59 | + | devices or systems, of greater than one kilowatt or one kilowatt hour; and35 |
|---|
| 60 | + | (C) Is used primarily for on-site consumption.36 |
|---|
| 61 | + | Such term shall not include an electric generator intended for occasional use.37 |
|---|
| 62 | + | (4) 'Electric supplier' shall have the same meaning as provided in Code Section 46-3-3.38 |
|---|
| 63 | + | (5) 'Lessee' means a person that finances a distributed energy generation system either39 |
|---|
| 64 | + | through a lease or a solar energy procurement agreement.40 |
|---|
| 65 | + | (6) 'Person' means an individual or entity.41 23 LC 36 5433S |
|---|
| 66 | + | H. B. 73 (SUB) |
|---|
| 67 | + | - 3 - |
|---|
| 68 | + | (7) 'Seller' means a person engaged in, or whose business consists of, selling distributed42 |
|---|
| 69 | + | energy generation systems or financing distributed energy generation systems through43 |
|---|
| 70 | + | leases or solar energy procurement agreements.44 |
|---|
| 71 | + | (8) 'Solar energy procurement agreement' shall have the same meaning as provided in45 |
|---|
| 72 | + | Code Section 46-3-62.46 |
|---|
| 73 | + | 46-3-601.47 |
|---|
| 74 | + | (a) Every seller that is not an electric supplier shall, before selling, financing, or offering48 |
|---|
| 75 | + | to sell or finance to any retail customer within this state any distributed energy generation49 |
|---|
| 76 | + | system, and before proposing to enter with any retail customer within this state a solar50 |
|---|
| 77 | + | energy procurement agreement, first obtain a certificate of authority from the commission.51 |
|---|
| 78 | + | (b) The commission shall have the authority to issue multiple certificates of authority. A52 |
|---|
| 79 | + | showing of public convenience and necessity is not a condition for the issuance of a53 |
|---|
| 80 | + | certificate of authority.54 |
|---|
| 81 | + | (c) A seller that seeks a certificate of authority shall make an application to the55 |
|---|
| 82 | + | commission which contains the information required by this Code section.56 |
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| 83 | + | (d) No later than December 31, 2023, the commission shall by rules and regulations57 |
|---|
| 84 | + | describe the information to be included in an application for certification under this Code58 |
|---|
| 85 | + | section and the criteria the commission will use in determining an applicant's financial and59 |
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| 86 | + | technical capability. Such criteria shall seek to ensure that all sellers:60 |
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| 87 | + | (1) Require appropriate background checks of all employees or contractors who will61 |
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| 88 | + | work on a buyer's or prospective buyer's premises;62 |
|---|
| 89 | + | (2) Provide contact information that is reasonably accessible by the public;63 |
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| 90 | + | (3) Possess adequate capital and are financially viable; and64 |
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| 91 | + | (4) Meet any other requirements as the commission may deem appropriate, without,65 |
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| 92 | + | however, imposing unnecessary barriers to a seller entering the market.66 23 LC 36 5433S |
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| 93 | + | H. B. 73 (SUB) |
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| 94 | + | - 4 - |
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| 95 | + | (e)(1) Upon the filing of a completed application, the commission shall have 60 days to67 |
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| 96 | + | issue an order approving or disapproving of such application, except as provided in68 |
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| 97 | + | paragraph (2) of this subsection.69 |
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| 98 | + | (2) Any complaint concerning an application or any request by the applicant for a public70 |
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| 99 | + | hearing on the application shall be filed within 30 days of the filing of the completed71 |
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| 100 | + | application. If such a complaint or request for hearing is filed, the commission shall,72 |
|---|
| 101 | + | within 60 days of the filing of the complaint or request for hearing, hold a public hearing73 |
|---|
| 102 | + | on such application. Within 30 days of such hearing, the commission shall issue an order74 |
|---|
| 103 | + | approving or disapproving of the application.75 |
|---|
| 104 | + | (f) Any certificate of authority issued by the commission is subject to revocation,76 |
|---|
| 105 | + | suspension, or adjustment where the commission finds upon complaint and hearing that:77 |
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| 106 | + | (1) A seller has failed repeatedly or has failed willfully to meet obligations to its retail78 |
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| 107 | + | customers which are imposed by this article, by any rules or regulations issued pursuant79 |
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| 108 | + | to this article, or by the seller's certificate of authority; or80 |
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| 109 | + | (2) The activities of the seller are serving or could serve to mislead, deceive, or work a81 |
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| 110 | + | fraud upon members of the public.82 |
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| 111 | + | (g)(1) The commission may deny an application upon a showing that the applicant or83 |
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| 112 | + | anyone acting in concert with the applicant has a history of violations of laws, rules, or84 |
|---|
| 113 | + | regulations designed to protect the public. The applicant shall have 30 days from the85 |
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| 114 | + | denial of an application for certification to file an appeal with the commission. A public86 |
|---|
| 115 | + | hearing shall be held within 60 days of the filing of such an appeal, and the commission87 |
|---|
| 116 | + | shall issue its decision as to such appeal within 30 days of the date of the hearing.88 |
|---|
| 117 | + | (2) The commission may revoke any certificate of authority issued pursuant to this Code89 |
|---|
| 118 | + | section where it finds that the seller or anyone acting in concert with the seller has such90 |
|---|
| 119 | + | a history, that any information on the application was falsified or forged, that the seller91 |
|---|
| 120 | + | has acted unlawfully to the detriment of the public while certificated, or for any other92 23 LC 36 5433S |
|---|
| 121 | + | H. B. 73 (SUB) |
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| 122 | + | - 5 - |
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| 123 | + | good and valid reason where activities of the seller are serving or could serve to mislead,93 |
|---|
| 124 | + | deceive, or work a fraud upon members of the public.94 |
|---|
| 125 | + | (3) The commission shall be authorized to adopt rules and regulations to implement this95 |
|---|
| 126 | + | subsection.96 |
|---|
| 127 | + | (h) Each seller shall be required to continue to possess the financial and technical97 |
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| 128 | + | capability to render service pursuant to the seller's warranties and other commitments made98 |
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| 129 | + | to buyers or lessees. This is a continuing obligation and may be reviewed by the99 |
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| 130 | + | commission at any time.100 |
|---|
| 131 | + | (i) Any person engaged in the installation of a distributed energy generation system shall101 |
|---|
| 132 | + | be licensed pursuant to Chapter 41 of Title 43 as a general contractor or as a residential102 |
|---|
| 133 | + | contractor or employ an individual who is licensed as an electrical contractor pursuant to103 |
|---|
| 134 | + | Chapter 41 of Title 43.104 |
|---|
| 135 | + | (j) The installation of a distributed energy generation system shall comply with the105 |
|---|
| 136 | + | provisions of the article and all applicable federal and state laws, rules, and regulations.106 |
|---|
| 137 | + | 46-3-602.107 |
|---|
| 138 | + | (a) The seller shall provide to every buyer and lessee as part of any agreement a written108 |
|---|
| 139 | + | disclosure statement. Such written disclosure statement shall be printed in at least 12 point109 |
|---|
| 140 | + | type, be acknowledged by the buyer or lessee, and include the following information,110 |
|---|
| 141 | + | disclosures, and guarantees, if applicable:111 |
|---|
| 142 | + | (1) The name, address, telephone number, and email address of the buyer or lessee;112 |
|---|
| 143 | + | (2) The name, address, telephone number, email address, and valid state contractor113 |
|---|
| 144 | + | license number of the person responsible for installing the distributed energy generation114 |
|---|
| 145 | + | system;115 |
|---|
| 146 | + | (3) The name, address, telephone number, email address, and valid state contractor116 |
|---|
| 147 | + | license number of the distributed energy generation system maintenance provider, if117 23 LC 36 5433S |
|---|
| 148 | + | H. B. 73 (SUB) |
|---|
| 149 | + | - 6 - |
|---|
| 150 | + | different from the person responsible for installing the distributed energy generation118 |
|---|
| 151 | + | system;119 |
|---|
| 152 | + | (4)(A) A disclosure notifying the buyer or lessee whether the distributed energy120 |
|---|
| 153 | + | generation system is being purchased or being financed through a lease or a solar121 |
|---|
| 154 | + | energy procurement agreement.122 |
|---|
| 155 | + | (B) If the distributed energy generation system is being purchased, the written123 |
|---|
| 156 | + | disclosure statement shall include a disclosure in substantially the following form: 'You124 |
|---|
| 157 | + | are entering into an agreement to purchase a distributed energy generation system. You125 |
|---|
| 158 | + | will own (not lease) the system installed on your property.'126 |
|---|
| 159 | + | (C) If the distributed energy generation system is being financed through a lease, the127 |
|---|
| 160 | + | written disclosure statement shall include a disclosure in substantially the following128 |
|---|
| 161 | + | form: 'You are entering into an agreement to lease a distributed energy generation129 |
|---|
| 162 | + | system. You will lease (not own) the system installed on your property.'130 |
|---|
| 163 | + | (D) If the distributed energy generation system is being financed through a solar131 |
|---|
| 164 | + | energy procurement agreement, the written disclosure statement shall include a132 |
|---|
| 165 | + | disclosure in substantially the following form: 'You are entering into an agreement to133 |
|---|
| 166 | + | purchase power from a distributed energy generation system. You will not own the134 |
|---|
| 167 | + | system installed on your property.';135 |
|---|
| 168 | + | (5) The total cost to be paid by the buyer or lessee, including, but not limited to, any136 |
|---|
| 169 | + | interest, installation fees, document preparation fees, service fees, or other fees. Such137 |
|---|
| 170 | + | total cost if the distributed energy generation system is financed through a solar energy138 |
|---|
| 171 | + | procurement agreement shall include the initial payment rate and, if applicable, the rate139 |
|---|
| 172 | + | of any payment increases and the date of the first increase;140 |
|---|
| 173 | + | (6) A payment schedule, including any amounts owed at the agreement signing, at the141 |
|---|
| 174 | + | commencement of installation, and at the completion of installation and any final142 |
|---|
| 175 | + | payments. If the distributed energy generation system is being financed through a lease,143 23 LC 36 5433S |
|---|
| 176 | + | H. B. 73 (SUB) |
|---|
| 177 | + | - 7 - |
|---|
| 178 | + | the written disclosure statement shall include the frequency and amount of each payment144 |
|---|
| 179 | + | due under the lease and the total estimated lease payments over the term of the lease;145 |
|---|
| 180 | + | (7) A description of the assumptions used to calculate any savings estimates provided to146 |
|---|
| 181 | + | the buyer or lessee and a statement in substantially the following form: 'It is important to147 |
|---|
| 182 | + | understand that any representations as to savings based on future electric utility rates are148 |
|---|
| 183 | + | estimates only. Your future electric utility rates may vary.';149 |
|---|
| 184 | + | (8) A description of any one-time or recurring fees, including, but not limited to,150 |
|---|
| 185 | + | estimated system removal fees, maintenance fees, internet connection fees, automated151 |
|---|
| 186 | + | clearinghouse fees, and circumstances triggering late fees that may apply;152 |
|---|
| 187 | + | (9) A disclosure notifying the buyer or lessee as to whether the distributed energy153 |
|---|
| 188 | + | generation system is being financed and whether the seller is assisting in arranging such154 |
|---|
| 189 | + | financing. If the distributed energy generation system is being financed, the written155 |
|---|
| 190 | + | disclosure statement shall include a statement in substantially the following form: 'Your156 |
|---|
| 191 | + | system is financed. Carefully read any agreements, contracts, and disclosure forms157 |
|---|
| 192 | + | provided by your lender. This written disclosure statement does not contain the terms of158 |
|---|
| 193 | + | your financing agreement. If you have any questions about your financing agreement,159 |
|---|
| 194 | + | contact your finance provider before signing any agreement or contract.';160 |
|---|
| 195 | + | (10) A declaration providing notification of the number of days after the agreement is161 |
|---|
| 196 | + | signed during which the buyer or lessee shall have the right to rescind such agreement.162 |
|---|
| 197 | + | If the buyer or lessee does not have right to rescind the agreement, notification that such163 |
|---|
| 198 | + | right does not exist and an explanation as to why it does not;164 |
|---|
| 199 | + | (11) A description of the distributed energy generation system's:165 |
|---|
| 200 | + | (A) Design assumptions, including the make and model of the major components,166 |
|---|
| 201 | + | system size, estimated first-year energy production, and estimated annual energy167 |
|---|
| 202 | + | production decreases, including the overall percentage degradation over the estimated168 |
|---|
| 203 | + | life of the distributed energy generation system; and169 |
|---|
| 204 | + | (B) Excess energy utility compensation status at the time the agreement is signed;170 23 LC 36 5433S |
|---|
| 205 | + | H. B. 73 (SUB) |
|---|
| 206 | + | - 8 - |
|---|
| 207 | + | provided, however, that a seller that provides a warranty or guarantee of the energy171 |
|---|
| 208 | + | production output of the distributed energy generation system may provide a description172 |
|---|
| 209 | + | and copy of such warranty or guarantee in lieu of the description required under this173 |
|---|
| 210 | + | paragraph;174 |
|---|
| 211 | + | (12) A description of any performance or production guarantees;175 |
|---|
| 212 | + | (13) A declaration notifying the buyer or lessee of each federal and state tax credit,176 |
|---|
| 213 | + | rebate, or incentive, if any, relied upon by the seller in determining the price of the177 |
|---|
| 214 | + | distributed energy generation system and any applicable federal or state tax credit, rebate,178 |
|---|
| 215 | + | or incentive for which the buyer or lessee may qualify that is known to the seller at the179 |
|---|
| 216 | + | time the agreement is signed. Such declaration shall also disclose to the lessee whether180 |
|---|
| 217 | + | financing a distributed energy generation system through a lease may affect qualification181 |
|---|
| 218 | + | for any such tax credit, rebate, or incentive. Such declaration shall recommend that the182 |
|---|
| 219 | + | buyer or lessee seek professional tax advice to determine how any tax credits, rebates,183 |
|---|
| 220 | + | incentives, or renewable energy certificates may apply to such buyer or lessee;184 |
|---|
| 221 | + | (14) A description of the ownership and transferability of any tax credits, rebates,185 |
|---|
| 222 | + | incentives, or renewable energy certificates associated with the distributed energy186 |
|---|
| 223 | + | generation system, including a disclosure as to whether the seller is able to and intends187 |
|---|
| 224 | + | to assign or sell any associated renewable energy certificates to a third party;188 |
|---|
| 225 | + | (15) If the distributed energy generation system is being purchased, a disclosure189 |
|---|
| 226 | + | notifying the buyer as to the potential for tax liability or tax credit eligibility by including190 |
|---|
| 227 | + | a statement in substantially the following form: 'You are responsible for property taxes191 |
|---|
| 228 | + | on property you own. Consult a tax professional to understand any tax liability or any192 |
|---|
| 229 | + | tax credit eligibility that may result from the purchase or financing of a distributed energy193 |
|---|
| 230 | + | generation system.';194 |
|---|
| 231 | + | (16) The estimated start and completion date for the installation of the distributed energy195 |
|---|
| 232 | + | generation system;196 23 LC 36 5433S |
|---|
| 233 | + | H. B. 73 (SUB) |
|---|
| 234 | + | - 9 - |
|---|
| 235 | + | (17) A declaration as to whether any maintenance and repairs of the distributed energy197 |
|---|
| 236 | + | generation system are included in the purchase price or financing costs;198 |
|---|
| 237 | + | (18) A disclosure as to whether any warranty or maintenance obligations related to the199 |
|---|
| 238 | + | distributed energy generation system may be assigned, sold, or transferred by the seller200 |
|---|
| 239 | + | to a third party and, if so, a statement in substantially the following form: 'Your contract201 |
|---|
| 240 | + | may be assigned, sold, or transferred without your consent to a third party who will be202 |
|---|
| 241 | + | bound to all of the terms of the contract. If an assignment, sale, or transfer occurs, you203 |
|---|
| 242 | + | will be notified if this will change the address or phone number to use for system204 |
|---|
| 243 | + | maintenance or repair requests.';205 |
|---|
| 244 | + | (19) If the distributed energy generation system is being purchased, a disclosure206 |
|---|
| 245 | + | notifying the buyer of the requirements for interconnecting the system to the utility207 |
|---|
| 246 | + | system;208 |
|---|
| 247 | + | (20) A disclosure notifying the buyer or lessee of the party responsible for obtaining209 |
|---|
| 248 | + | interconnection approval;210 |
|---|
| 249 | + | (21) A disclosure notifying the buyer or lessee whether any additional equipment may211 |
|---|
| 250 | + | be necessary in order to maintain continuous power access;212 |
|---|
| 251 | + | (22) A description and copy of any roof warranties;213 |
|---|
| 252 | + | (23) A disclosure notifying the lessee whether the seller will insure a leased distributed214 |
|---|
| 253 | + | energy generation system against damage or loss and, if applicable, a disclosure notifying215 |
|---|
| 254 | + | the buyer or lessee the circumstances under which the seller will not insure the system216 |
|---|
| 255 | + | against damage or loss, in substantially the following form: 'You are responsible for217 |
|---|
| 256 | + | obtaining insurance policies or coverage for any loss of or damage to the system. Consult218 |
|---|
| 257 | + | an insurance professional to understand how to protect against the risk of loss or damage219 |
|---|
| 258 | + | to the system.';220 |
|---|
| 259 | + | (24) A disclosure notifying the buyer or lessee whether the seller will place a lien on the221 |
|---|
| 260 | + | buyer's or lessee's home or other property as a result of entering into an agreement for the222 |
|---|
| 261 | + | purchase or financing of the distributed energy generation system;223 23 LC 36 5433S |
|---|
| 262 | + | H. B. 73 (SUB) |
|---|