Summary:

 Senate Bill 65 (SB 65):  The "Consumer Solar Protection Act" introduced by the New Mexico legislature is a legislative initiative designed to safeguard consumers in the residential solar energy market. This act outlines a framework of regulations for the sale, installation, and financing of residential solar energy systems, aiming to ensure transparency and protect consumer rights.  

Legislation Overview:

 Senate Bill 65 (SB 65):  The act defines crucial terms such as "consumer," "finance contract," "power purchase agreement," and "residential solar energy system." It clearly delineates the stakeholders and products affected by the legislation.
Installation and Sales Practices: Installers must secure all necessary permits before starting any installation work. Sellers are prohibited from engaging in deceptive practices such as falsely implying government endorsement, creating unauthorized email accounts for consumers, or misrepresenting tax benefits.
Document Provisioning: Sellers must provide paper copies of electronic documents upon request, ensuring that consumers can access contract information in a format they are comfortable with.
Operational Status and Payments: The act stipulates that payment obligations under finance contracts can only commence once the solar system is operational, defined as being capable of generating electricity. If the system isn't operational within 90 days post-installation, the seller or financier cannot demand payments, must refund any received, and cannot report late payments to credit agencies.
Private Right of Action: Consumers affected by violations of the act can seek damages, including statutory damages of $1,000 or actual damages, whichever is greater. In cases of willful violations, damages may be trebled, and consumers may also receive injunctive relief, attorney fees, and costs.
By establishing these guidelines, the "Consumer Solar Protection Act" proposes to foster a fair and transparent market for solar energy systems, promoting consumer confidence and accountability among providers. It addresses common issues and concerns in the industry, such as misleading sales tactics and financial obligations linked to non-operational systems, thereby enhancing consumer protection in the solar energy sector.
 

Amendments:

 Amended February 7, 2025 in STBTC

STBTCa/SB 65:  Consumer Solar Protection Act - This act sets out consumer protections for individuals purchasing or leasing residential solar energy systems.
1.	Applicability and Key Definitions - 
a)	Defines a “residential solar energy system” as any home facility that uses photovoltaic cells to generate electricity.
b)	Clarifies “finance contracts,” which include leases, power purchase agreements, or credit/loan agreements used to acquire or install solar systems.
2.	Permits and Seller/Installer Obligations - 
a)	Required Permits: A system installer must obtain and visibly post all state or local permits before beginning installation.
3.	Prohibited Activities: Sellers may not:
a)	Create or access a consumer’s email to e-sign documents.
b)	Falsely claim the system is part of a government or utility program or that it is free.
c)	Make tax credit eligibility promises unless qualified to give tax advice, has verified eligibility, and provides written documentation.
4.	Provision of Documents:
a)	Upon request, consumers are entitled to paper copies of any electronic documents.
5.	No Power of Attorney –
a)	A seller or installer may not request or accept power of attorney from the consumer.
6.	Operational Status and Payment Restrictions - 
a)	A solar system is deemed operational only when it is actually generating electricity.
b)	If the system does not become operational within 180 days after the date panels are first installed - 
c)	No payments can be requested or accepted from the consumer until it is operational.
d)	Any payments previously made must be refunded.
e)	No adverse credit reporting can be made for payments that became due while the system was inoperative.
f)	If a finance contract holder has demanded and received a repurchase (i.e., a return of amounts paid to the seller or installer), it cannot further request or accept payments from the consumer.
7.	Enforcement and Private Right of Action - 
a)	A consumer harmed by a violation of the Act can sue for actual damages or statutory damages of $1,000, whichever is greater.
b)	Treble damages, injunctions, and attorney fees and costs are available if the court finds the violation was willful.
c)	Class actions are expressly allowed, with similar remedies