Utah enacts solar consumer protection law

On March 19, Utah Governor Herbert signed SB 157 into law, establishing the Division of Consumer Protection (Division) within the Utah Department of Commerce. It also establishes the Residential Solar Energy Disclosure Act, which:

  • Applies to PV systems 1 kW or larger which serve residential buildings with up to four units, and which use the energy generated for residential purposes.
  • Applies to agreements entered into on or after September 3, 2018, including agreements that accompany the transfer of ownership or lease of real property.
  • Requires “solar retailers” to provide potential residential customers (i.e., those considering the purchase or lease of a PV system, or those entering into a solar PPA) with written disclosure statements, presented in a standard format, that include or address a long list of specific, detailed information.
  • Provides for the enforcement of the new disclosure requirements, allowing the Division to issue cease-and-desist letters, and to impose a fine of up to $2,500 per violation.