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THE SENATE |
S.B. NO. |
2032 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to consumer protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to:
(1) Require any person or entity selling a residential solar energy device to comply with consumer protection laws;
(2) Require a standardized one-page disclosure form in residential solar proposals and contracts; and
(3) Prohibit any person or entity from selling a residential solar energy device without holding a contractor's license or having a contractual affiliation with a licensed contractor.
SECTION 2. Section 481B-6, Hawaii Revised Statutes, is amended to read as follows:
"§481B-6
Sale of solar energy devices; disclosure requirements[.];
sales practices. (a) No person shall advertise, offer to sell, or
sell a solar energy device unless the person clearly discloses separately the
following information concerning the sale price of the solar energy device to
the consumer:
(1) The cost of the solar energy device and accessories related to the operation of the solar energy device and for their installation; and
(2) The cost of items unrelated to the operation of the solar energy device, including but not limited to, "free gifts", offers to pay electric bills, rebates, and other incentives designed to promote the sale of the solar device.
(b) In addition to the requirements under
subsection (a), a person or entity marketing or contracting for a residential
solar energy device shall provide the consumer, before contract execution, a
one-page standardized disclosure form in plain language, which shall appear as
the first page of any proposal or contract and shall include:
(1) The total system price;
(2) The estimated annual energy
production and methodology;
(3) The estimated annual utility
bill savings and assumptions used;
(4) The following incentive eligibility
statement: "Eligibility for state and federal tax incentives depends on
individual circumstances and is not guaranteed by the solar company.";
(5) Payment terms;
(6) The escalation rate, if
applicable;
(7) The ownership structure,
whether purchase, lease, loan or power purchase agreement;
(8) The name and license number
of the installing contractor;
(9) Warranty terms; and
(10) Consumer cancellation rights.
The
department of commerce and consumer affairs shall design, publish, and
periodically update as needed, a template of the standardized disclosure form
described in this subsection in consultation with the solar industry.
(c) Any person or entity that
markets, sells, or solicits a residential solar energy device, or that markets,
sells or solicits financing products, whether loans, leases or power purchase
agreements, associated with a residential solar energy device in the State
shall comply with the consumer protection requirements of this chapter and
chapter 444, and any rules adopted thereunder, relating to truthful
advertising, disclosures, contract terms, or cancellation rights.
(d) A person or entity that does
not hold an active contractor's license under chapter 444 shall not:
(1) Represent that the person or entity
is authorized to install or supervise the installation of a residential solar
energy device;
(2) Enter into or offer to enter into a
contract for the installation of a residential solar energy device; or
(3) Market, offer financing, or engage
in customer acquisition or lead generation activities for a residential solar
energy device, without being contractually affiliated with one or more
contractors holding licenses allowing them to install a residential solar
energy device. The contractors' names
and license numbers shall be disclosed on all marketing materials, proposal
documents, and contract documents.
(e)
Violation of this section constitutes an
unfair or deceptive act or practice under chapter 480.
(f)
Nothing in this section shall be
construed to prohibit solar energy device marketing, sales, or financing
activities; provided that the person or entity complies with the requirements of
subsection (d).
(g) The department of commerce and consumer
affairs may adopt rules pursuant to chapter 91 necessary for the purposes of
this section.
[(b)]
(h)
As used in this section, "solar energy device" means
any new identifiable facility, equipment, apparatus, or the like [which]
that makes use of solar energy for energy storage or heating,
cooling, or reducing the use of other types of energy dependent upon fossil
fuel for its generation."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
DCCA; Rooftop Solar; Residential Solar Energy Devices; Energy Storage; Consumer Protection; Contractors; Deceptive Practices
Description:
Requires any person or entity selling a residential solar energy device to comply with consumer protection laws. Prohibits the sale of a residential solar energy device without a contractor's license or contractual affiliation with a licensed contractor. Requires a standardized disclosure form to be developed by the Department of Commerce and Consumer Affairs for use in all residential solar proposals and contracts.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.