Title 39
Public Utilities and Carriers

Chapter 26.8
Residential Solar Energy Disclosure and Homeowners Bill of Rights Act

§ 39-26.8-2. Definitions.

As used in this chapter:

(1) “Customer” means a person who, for primarily personal, family, or household purposes:

(i) Purchases a residential solar energy system under a system purchase agreement;

(ii) Leases a residential solar energy system under a system lease agreement; or

(iii) Purchases electricity under a power purchase agreement.

(2) “Division” means the division of public utilities and carriers.

(3) “Power purchase agreement” means an agreement:

(i) Between a customer and a solar retailer;

(ii) For the customer’s purchase of electricity generated by a residential solar energy system owned by the solar retailer; and

(iii) That provides for the customer to make payments over a term of at least five (5) years.

(4) “Residential solar energy system” means a solar energy system that:

(i) Is installed in the state;

(ii) Generates electricity primarily for on-site consumption for personal, family, or household purposes;

(iii) Is situated on no more than four (4) units of residential real property;

(iv) Has an electricity delivery capacity that exceeds one kilowatt; and

(v) Does not include a generator that:

(A) Produces electricity; and

(B) Is intended for occasional use.

(5) “Solar agreement” means a system purchase agreement, a system lease agreement, or a power purchase agreement.

(6) “Solar energy system” means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity.

(7) “Solar retailer” means a person who:

(i) Sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement;

(ii) Owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or

(iii) Sells or proposes to sell electricity to a customer under a power purchase agreement.

(8) “System lease agreement” means an agreement:

(i) Under which a customer leases a residential solar energy system from a solar retailer; and

(ii) That provides for the customer to make payments over a term of at least five (5) years for the lease of the residential solar energy system.

(9) “System purchase agreement” means an agreement under which a customer purchases a residential solar energy system from a solar retailer.