SB 65 — CONSUMER SOLAR PROTECTION ACT

SENATE BILL 65 57TH LEGISLATURE -STATEOFNEWMEXICO-- STATEOFNEWMEXICO- FIRST SESSION, 2025 INTRODUCED BY Katy M.

Duhigg andThis Janelledocument Anyanonumay 6incorporate 8amendments 10proposed ANby ACTa RELATINGcommittee, TObut CONSUMERnot PROTECTION;yet adopted, as well as amendments that have been adopted during the current legislative session.

ENACTINGThe THEdocument CONSUMERis SOLARa PROTECTIONtool ACT;to show amendments in context and cannot be used for the purpose of adding amendments to legislation.

h AN ACT g o RELATING TO CONSUMER PROTECTION;

ENACTING THE CONSUMER SOLAR t hr g e i k PROTECTION ACT;

PROVIDING h r i s DUTIES AND LIMITATIONS.

15h , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

n d d i = = o h SECTION 1.

[NEW MATERIAL]MATERIAL ] SHORT TITLE.--This act may be el t] 17b ,d i a º e cited as the "Consumer Solar Protection Act".

wr li n= r t e w d 18m a n o SECTION 2.

[NEW MATERIAL] DEFINITIONS.--As used in the =d =m 19: a l Consumer Solar Protection Act:

ib e d s º o t n = .228875.2AIC February 7, 2025 (11:33am) s k m e e a n e d r 20e A.l u [ A d Consumer Solar Protection Act:

A.

a t m m 21 B.

"consumer reporting agency" means a person that d r e 22 for monetary fees or dues or on a cooperative nonprofit basis c e s k 23 regularly engages in whole or in part in the practice of e a n b 24 assembling or evaluating consumer credit information or other u [ information on consumers to furnish consumer reports to third .228875.2 parties and that uses any means or facility of interstate commerce to prepare or furnish consumer reports;

"power purchase agreement" means an agreement by which a third party installs, owns and operates a residential solar energy system on a consumer's property and the consumer h purchases the system's electric output for a predetermined g o t hr period;

g e i k E.

"repurchase" means that the holder of a finance h r i s contract demanded and received a return of the amount paid to h , t, the seller or installer pursuant to the finance contract;

and e u g e b l e e h F.

"residential solar energy system" means a n d d i = = o h residential facility or system that uses photovoltaic cells and el t] 17b ,d i a º e solar energy to generate electricity.

wr li n= r t e w d 18m a n o SECTION 3.

[NEW MATERIAL]MATERIAL ] PERMITS--SELLERS AND =d =m 19: a l INSTALLERS--PROHIBITED ACTIONS.-- i a e r 20 A.

Ab persone whod iss intendingº too install a a t mn m= 21.228875.2AIC residentialFebruary solar7, energy2025 system(11:33am) shalls havek allm requirede permits- d2 r- e 22a approvedn ande displayedd asr provided by state law or local c e sl ku 23[ ordinanceA befored anyINSTALLERS--PROHIBITED installationACTIONS.-- workA. occurs.

eA person who is intending to install a nresidential bsolar 24energy B.system shall have all required permits approved and displayed as provided by state law or local ordinance before any installation work occurs.

AB. person selling a residential solar energy u [ system to a consumer shall not:

.228875.2A -person 2selling -a (1)residential createsolar anenergy emailsystem accountto fora the consumer orshall attemptnot: to access the consumer's email account in connection with the application of an electronic signature on any sales, installation or finance contract documents in connection with the system;

(1) create an email account for the consumer or attempt to access the consumer's email account in connection with the application of an electronic signature on any sales, installation or finance contract documents in connection with the system;

(b) offered as part of a program from h the applicable utility company;

or g o t hr (c) free;

or g e i k (3) represent to the consumer that the system h r i s entitles the consumer to federal or state tax credits unless h , t, the seller:

e u g e b l e e h (a) is qualified to give tax advice;

n d d i = = o h (b) has evaluated the eligibility of the el t] 17b ,d i a º e consumer to whom the representation is being made;

and wr li n= dr 18t (c)e providesw writtend documentationm of = = 19 a ln theo evaluation(c) andprovides representationwritten atdocumentation theof timed them i: a e r 20 representation is made.

ab e d s º o t mn = .228875.2AIC February 7, 2025 (11:33am) s k m 21e C.- 3 - e a n e d r e l u [ A d the evaluation and representation at the time the representation is made.

PriorC. to or at the time of the sale of a d r e 22 residential solar energy system to a consumer, a person selling c e s k 23 the system shall provide to the consumer upon request a paper e a n b 24 copy of any documents proffered in electronic form, including u [ finance contracts or other contracts.

.228875.2Prior -to 3or -at D.the time of the sale of a residential solar energy system to a consumer, a person selling the system shall provide to the consumer upon request a paper copy of any documents proffered in electronic form, including finance contracts or other contracts.

D.

[NEW MATERIAL]MATERIAL ] WHEN SYSTEMS OPERATIONAL-- PAYMENTS NOT DUE WHEN NOT OPERATIONAL.-- A.

h B.

If a residential solar energy system is not g o t hr operational within STBTCº ninety»STBTC STBTCºone hundred g e i k eighty»STBTC days after the first date of installation of solar h r i s panels, the holder of a finance contract, seller, installer, h , t, e u g lessor or electricity generator shall not: