13-52-103. Applicability of chapter. This chapter:
(1)
applies to each solar agreement entered into on or after September 3, 2018, including a solar agreement that accompanies the transfer of ownership or lease of real property; and
Terms Used In Utah Code 13-52-103
Customer: means a person who, for primarily personal, family, or household purposes:
(a)
purchases a residential solar energy system under a system purchase agreement;
(b)
leases a residential solar energy system under a system lease agreement; or
(c)
purchases electricity under a power purchase agreement. See Utah Code 13-52-102
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Power purchase agreement: means an agreement:
(a)
between a customer and a solar retailer;
(b)
for the customer's purchase of electricity generated by a residential solar energy system owned by the solar retailer; and
(c)
that provides for the customer to make payments over a term of at least five years. See Utah Code 13-52-102
Solar agreement: means a system purchase agreement, a system lease agreement, or a power purchase agreement. See Utah Code 13-52-102
Solar energy system: means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity. See Utah Code 13-52-102
System purchase agreement: means an agreement under which a customer purchases a residential solar energy system from a solar retailer. See Utah Code 13-52-102
(2)
does not apply to:
(a)
the transfer of title or rental of real property on which a residential solar energy system is or is expected to be located, if the presence of the residential solar energy system is incidental to the transfer of title or rental;
(b)
a lender, governmental entity, or other third party that enters into an agreement with a customer to finance a residential solar energy system but is not a party to a system purchase agreement, power purchase agreement, or lease agreement;
(c)
a sale or lease of, or the purchase of electricity from, a solar energy system that is not a residential solar energy system; or
(d)
the lease of a residential solar energy system or the purchase of power from a residential solar energy system under an agreement providing for payments over a term of less than five years.
