(a)  Subject to subsection (b) of this section, the division may enforce the provisions of this chapter by:

(1)  Conducting an investigation into an alleged violation of this chapter;

(2)  Issuing a cease-and-desist order against a further violation of this chapter; and

(3)  Imposing an administrative fine of no more than two thousand five hundred dollars ($2,500) per solar agreement on a solar retailer that:

(i)  Materially fails to comply with the disclosure requirements of this chapter; or

(ii)  Violates any other provision of this chapter, if the division finds that the violation is a willful or intentional attempt to mislead or deceive a customer.

lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Rhode Island General Laws 39-26.8-11

  • 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. See Rhode Island General Laws 39-26.8-2

  • Division: means the division of public utilities and carriers. See Rhode Island General Laws 39-26.8-2
  • Solar agreement: means a system purchase agreement, a system lease agreement, or a power purchase agreement. See Rhode Island General Laws 39-26.8-2
  • 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. See Rhode Island General Laws 39-26.8-2

(b)  The division may not commence any enforcement action under this section more than four (4) years after the date of execution of the solar agreement with respect to which a violation is alleged to have occurred.

(c)  The division shall distribute an administrative fine collected under subsection (a)(3) of this section to a customer adversely affected by the solar retailer’s failure or violation resulting in a fine under subsection (a)(3) of this section, after the division has conducted an administrative proceeding resulting in a determination of the appropriateness and amount of any distribution to a customer.

(d)  Nothing in this chapter may be construed to affect a remedy a customer has independent of this chapter; or the division’s ability or authority to enforce any other law or regulation.

History of Section.
P.L. 2022, ch. 255, § 1, effective June 28, 2022; P.L. 2022, ch. 256, § 1, effective June 28, 2022.