13-52-202. Contents of disclosure statement for any solar agreement. If a solar retailer is proposing to enter any solar agreement with a potential customer, the disclosure statement required in Subsection 13-52-201(1) shall include:
(1)
a statement indicating that operations or maintenance services are not included as part of the solar agreement, if those services are not included as part of the solar agreement;
Terms Used In Utah Code 13-52-202
Contract: A legal written agreement that becomes binding when signed.
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
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
Solar retailer: means a person who:
(a)
sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement;
(b)
owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or
(c)
sells or proposes to sell electricity to a customer under a power purchase agreement. See Utah Code 13-52-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2)
if the solar retailer provides any written estimate of the savings the potential customer is projected to realize from the system:
(a)
(i)
the estimated projected savings over the life of the solar agreement; and
(ii)
at the discretion of the solar retailer, the estimated projected savings over any longer period not to exceed the anticipated useful life of the system;
(b)
any material assumptions used to calculate estimated projected savings and the source of those assumptions, including:
(i)
if an annual electricity rate increase is assumed, the rate of the increase and the solar retailer’s basis for the assumption of the rate increase;
(ii)
the potential customer’s eligibility for or receipt of tax credits or other governmental or utility incentives;
(iii)
system production data, including production degradation;
(iv)
the system’s eligibility for interconnection under any net metering or similar program;
(v)
electrical usage and the system’s designed offset of the electrical usage;
(vi)
historical utility costs paid by the potential customer;
(vii)
any rate escalation affecting a payment between the potential customer and the solar retailer; and
(viii)
the costs associated with replacing equipment making up part of the system or, if those costs are not assumed, a statement indicating that those costs are not assumed; and
(c)
two separate statements in capital letters in close proximity to any written estimate of projected savings, with substantially the following form and content:
(i)
“THIS IS AN ESTIMATE. UTILITY RATES MAY GO UP OR DOWN AND ACTUAL SAVINGS, IF ANY, MAY VARY. HISTORICAL DATA ARE NOT NECESSARILY REPRESENTATIVE OF FUTURE RESULTS. FOR FURTHER INFORMATION REGARDING RATES, CONTACT YOUR LOCAL UTILITY OR THE STATE PUBLIC SERVICE COMMISSION.”; and
(ii)
“TAX AND OTHER FEDERAL, STATE, AND LOCAL INCENTIVES VARY AS TO REFUNDABILITY AND ARE SUBJECT TO CHANGE OR TERMINATION BY LEGISLATIVE OR REGULATORY ACTION, WHICH MAY IMPACT SAVINGS ESTIMATES. CONSULT A TAX PROFESSIONAL FOR MORE INFORMATION.”;
(3)
a notice with substantially the following form and content: “Legislative or regulatory action may affect or eliminate your ability to sell or get credit for any excess power generated by the system, and may affect the price or value of that power.”;
(4)
a notice describing any right a customer has under applicable law to cancel or rescind a solar agreement;
(5)
a statement describing the system and indicating the system design assumptions, including the make and model of the solar panels and inverters, system size, positioning of the panels on the customer’s property, estimated first-year energy production, and estimated annual energy production degradation, including the overall percentage degradation over the term of the solar agreement or, at the solar retailer’s option, over the estimated useful life of the system;
(6)
a description of any warranty, representation, or guarantee of energy production of the system;
(7)
the approximate start and completion dates for the installation of the system;
(8)
a statement indicating whether any warranty or maintenance obligations related to the system may be transferred by the solar retailer to a third party and, if so, a statement with substantially the following form and content: “The maintenance and repair obligations under your contract may be assigned or transferred without your consent to a third party who will be bound to all the terms of the contract. If a transfer occurs, you will be notified of any change to the address, email address, or phone number to use for questions or payments or to request system maintenance or repair.”;
(9)
if the solar retailer will not obtain customer approval to connect the system to the customer’s utility, a statement to that effect and a description of what the customer must do to interconnect the system to the utility;
(10)
a description of any roof penetration warranty or other warranty that the solar retailer provides the customer or a statement, in bold capital letters, that the solar retailer does not provide any warranty;
(11)
a statement indicating whether the solar retailer will make a fixture filing or other notice in the county real property records covering the system, including a Notice of Independently Owned Solar Energy System, and any fees or other costs associated with the filing that may be charged to the customer;
(12)
a statement in capital letters with substantially the following form and content: “NO EMPLOYEE OR REPRESENTATIVE OF [name of solar retailer] IS AUTHORIZED TO MAKE ANY PROMISE TO YOU THAT IS NOT CONTAINED IN THIS DISCLOSURE STATEMENT CONCERNING COST SAVINGS, TAX BENEFITS, OR GOVERNMENT OR UTILITY INCENTIVES. YOU SHOULD NOT RELY UPON ANY PROMISE OR ESTIMATE THAT IS NOT INCLUDED IN THIS DISCLOSURE STATEMENT.”;
(13)
a statement in capital letters with substantially the following form and content: “[name of solar retailer] IS NOT AFFILIATED WITH ANY UTILITY COMPANY OR GOVERNMENT AGENCY. NO EMPLOYEE OR REPRESENTATIVE OF [name of solar retailer] IS AUTHORIZED TO CLAIM AFFILIATION WITH A UTILITY COMPANY OR GOVERNMENT AGENCY.”; and
(14)
any additional information, statement, or disclosure the solar retailer considers appropriate, as long as the additional information, statement, or disclosure does not have the purpose or effect of obscuring the disclosures required under this part.
