(a)  This chapter applies to solar agreements between solar retailers and customers for residential solar energy systems, including any solar agreement that accompanies the transfer of ownership or lease of real property.

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 39-26.8-3

  • 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

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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. See Rhode Island General Laws 39-26.8-2

  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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. 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 energy system: means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity. See Rhode Island General Laws 39-26.8-2
  • System purchase agreement: means an agreement under which a customer purchases a residential solar energy system from a solar retailer. See Rhode Island General Laws 39-26.8-2

(b)  This chapter does not apply to:

(1)  The transfer of title or rental of real property on which a residential solar energy system is or is expected to be located, if the presence of the residential solar energy system is incidental to the transfer of title or rental;

(2)  A lender, governmental entity, or other third party that enters into an agreement with a customer to finance a residential solar energy system but is not a party to a system purchase agreement, power purchase agreement, or lease agreement;

(3)  A sale or lease of, or the purchase of electricity from, a solar energy system that is not a residential solar energy system; or

(4)  The lease of a residential solar energy system or the purchase of power from a residential solar energy system under an agreement providing for payments over a term of less than five (5) years.

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