An Act to Require the
Maine Legislature, Session 132, LD 1964
Committee Amendment CA_A_S511 (Senate)
Amends: 32 MRSA §4661, 32 MRSA §14701, 35-A MRSA §3209, 35-A MRSA §3218

COMMITTEE AMENDMENT "A " to S.P. 771, L.D. 1964, "An Act to Require the
Development of a Standard Written Disclosure for Sellers and Installers of Distributed
Generation Resources, to Make Changes to Other Standard Disclosures and to Make
Misrepresentation in the Sale of Electricity Products an Unfair Trade Practice"
Amend the bill by striking out the title and substituting the following;
'An Act to Establish Additional Requirements Related to the Sale or Lease of Net
Energy Billing Interests and Solar Energy Equipment'
Amend the bill by inserting after the title and before the enacting clause the following;
'Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Office of the Public Advocate receives inquiries nearly every 'day &am
Maine consumers who are struggling to understand who their solar provider is or how to
contact their provider with questions about their account; and
Whereas, the sale or lease of solar energy equipment involves significant consumer
investment and long-term contracts, which may be complex; and
Whereas, recent federal tax changes may increase the likelihood of door-to-door
solicitations for the lease of solar energy equipment, and this legislation must take effect
as soon as possible to clarify and improve upon existing consumer protection laws; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,'
Amend the bill by striking out all of sections 2, 3, 4, 5, 6 and 7 and inserting the
following:
'See. 2. 32 MRSA §4661, sub-§2, as enacted by PL 1969,c.395,is amended to
read;
Page I - 132LR1248(04)
COMMITTEE AMENDMENT
^
COMMOTEE AMENDMENT"^. "toS.P.771,L,D, 1964 fo~Qn
2. Merchandise. "Merchandise" includes any objects, wares, goods, commodities,
intangibles or services. "Merchandise" also includes a contract for a shared financial
interest in a distributed eeneration resource that has a net energy billing arrangement jjn
accordance with Title 35-A. section 3209-A or 3209-B and solar energy eauimnent as
defmed in Title 35-A. section 3218. subsection 1 .
See. 3. 32 MRSA §14701, sub-§4, as amended by PL 2005, o. 347, Pt. E, §1,is
further amended to read;
4. Merchandise. "Merchandise" includes any objects, wares, goods, promises,
commodities, intangibles, services or other things of value but does not include food or
technical or vocational schools located outside of the State that are registered pursuant to
Title 20-A, section 9501. "Merchandise" also includes a contract for a shared financial
interest in a distributed generation resource that has a net enerev billine arrangement in
accordance with Title 35-A. section 3209-A or 3209-B and solar energy equipment as
defined in Title 35-A. section 3218. subsection 1. "Merchandise" does not include
securities that are registered or exempt from registration pursuant to chapter 13 5, the Maine
Uniform Securities Act and rules adopted pursuant to that Act or insurance products that
are regulated under Title 24-A.
See. 4. 35-A MRSA §3209"A, sub-§5, ^G-l is enacted to read:
G-l. As applicable, must conwlv with the requirements of Title 32. chapter 69.
subchapter 5 and Title 32. chapter 128. subchaoter 2:
Sec. 5. 35-A MRSA §3218 is enacted to read:
S3218. Standard written disclosure for sale or lease of solar enerev eauinment
1. Definition. For the purposes of this section, "solar energy equipment" means all
controls, tanks, pumps, heat exchaneers. collectors and other eauioment necessary forthe
jcollection. transfer and storaee of solar enerav. "Solar enerev eauioment" includes
photovoltaic modules, inverters and racking and electronic control systems. "Solar energy
eauipmeat" does not include passive solar energy systems or those systems using natural
means to collect, store and transfer solar enerev or equipment owned bv a transmission and
distribution utility.
2i_Siandard written disclosure. Beeinnina June 1.2026. a person that sells or leases
solar energy equipment that is installed on the customer side of the meter shall, odor to a
sale or lease, provide to the customer a completed standard written disclosure. The
completed standard written disclosure must be provided to the customer in a form that the
customer may keeo. The completed disclosures may be Drovided to the customer in
eleo.ttotucjfonn. subject to compliance with the consumer consent and other aoolicable
6 provisions of federal law. includine. but not limited to. the federal Blectronic Sienatures in
Global and National Commerce Act. 15 United States Code. Chapter 96. as amended. The
standard written disclosure must include the followine:
A, Thename of theseller or lessor and contact information of the seller or lessor or a
representative of the seller or lessor:
B, The name of the primary installer and contact information of the primary installer:
d A Dlainjanguafiesummary of design, cost and warranty JQformation. includine the
averaee cost of system interconnection bv project size based on the previous calendar
Page2-132LR1248(04)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT"^ "toS.P, 771, L,D, 1964 [ 5' <
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^€^0 1 year's ranee of interconnection costs as published annually by the interconnection
ombudsman appointed pursuant to section 107. subsection 1 on the commission's
publicly accessible website pursuant to subsection 4;
D. A checklist of the responsibilities of the seller or lessor. primary installer, customer
and transmission and distribution utility_rclatedtothe transaction;
E. A description of any dispute resolution mechanisms, includine information relating
to the interconnection ombudsman under section 3474. subsection 4. available to the
seller or lessor, primar/ installer, customer and transmission and (tistribution utility;
F. Clearly described terms and conditions of any financial aereeraent or contract
associated with the sale or lease of solar energy equipment, mcludine information
about contract termination and a description of the parties' oblieations under the
contract if the customer moves or if the replacement or repair of the customer's roof is
required: and
G. Sipnature lines for the seller or lessor and customer to attest that the seller or lessor
provided, and the customer received, the standard written disclosure prior to the sale
or lease of the solar enerev equipment.
3. Violation. A violation of subsection 2 is a violation of the Maine Unfair Trade
Practices Act.
4. Interconnection costs; reuortine. By March 1.2026. and annually thereafter, each
laree. investor-owned transmission and distribution utilihr shall orovide the interconnection
ombudsman appointed pursuant to section 107, subsection 1 with the averaee
interconnection costs for the previous calendar year by project size. By May 1. 2026. and
annually thereafter, the interconnection ombudsman shall publish on the commission's
Bubliclv accessible website the averaee intercomiection costs bv proiect size alone with
disclaimer language reeardine the ranee and factors associated with the cost of
intercomiection pursuant to subsection 2. paraeraoh C.
Sec. 6. Department of Energy Resources; model forms. By June 1,2026, the
Department of Energy Resources shall develop 2 model standard written. disclosure forms
for the sale and for the lease of solar energy equipment described in the Maine Revised
Statutes, Title 35-A, section 3218, informed by stakeholder input. The department shall
make the disclosure forms available on its publicly accessible website.'
Amend the bill by adding before the summary the following:
'Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.'
5 Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively,
SUMMARY
This amendment changes the title of the bill and adds an emergency preamble and
clause. It makes the following changes to the bill.
1, It clarifies the definition of "merchandise" for the piuposes of the laws governing
consumer solicitation sales to specify that "merchandise" includes a contract for a shared
financial interest in a distributed generation resource that has a net energy billing
Page3-132LR1248(04)
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " 1\ " to S.P. 771, L.D. 1964Cs-sii)
arrangement in the kilowatt-hour credit or commercial and institutional net energy billing
program as well as solar energy equipment.
2. It clarifies the definition of "merchandise" for the purposes of the laws governing
transient sellers of consumer merchandise to specify that "merchandise" includes a contract
for a shared financial interest in a distributed generation resource that has a net energy
billing arrangement in the kilowatt-hour credit or commercial and instihitional net energy
billing program as well as solar energy equipment.
3, Beginning June 1, 2026, it requires a person who sells or leases solar energy
equipment that is installed on the customer side of the meter to provide a standard written
disclosure to a customer prior to a sale or lease. A failure to provide the standard written
disclosure as required by the law is a violation of the Maine Unfair Trade Practices Act.
The amendment removes the requirement for certain elements of the written disclosure that
are in the bill. It requires the Department of Energy Resources to develop 2 model standard
written disclosure forms: one for the sale of solar energy equipment and one for the lease
of solar energy equipment.
4. By March 1, 2026, it requires each large, investor-owned transmission and
distribution utility to annually provide the interconnection ombudsman with the average
interconnection costs for the previous calendar year by project size. By May 1 , starting in
2026, the interconnection ombudsman must annually publish the average interconnection
costs by project size on the Public Utilities Commission's website.
5. It removes the provisions that require competitive electricity providers and project
sponsors to provide certain disclosures to residential customers and that require rulemaking
applicable to the Attorney General and the Public Utilities Commission.
The amendment retains from the bill the prohibition on a person's falsely representing
that the person is a representative or affiliate of an electric utility or representative or
official of a governmental agency or program when selling, offering to sell, leasing,
installing or entering into any other financial arrangement regarding an electricity product.
A violation of the prohibition is a violation of the Maine Unfair Trade Practices Act.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/09/26
t.Kt.
LD 1964 LR 1248(04)
An Act to Require the Development of a Standard Written Disclosure for Sellers and Installers of
Distributed Generation Resources, to Make Changes to Other Standard Disclosures and to Make
Misrepresentation in the Sale of Electricity Products an Unfair Trade Practice
Fiscal Note for Bill as Amended by Committee Amendment l)l.t/^-5)|
Committee: Energy, Utilities and Technology
Fiscal Note Required: Yes
Fiscal Note
Minor cost increase - General Fund
Minor cost increase - Other Special Revenue Funds
Fiscal Detail and Notes
Any additional costs to the Public Utilities Commission or the Department of Energy Resources from the provisions
of this bill are expected to be minor and can be absorbed within existing budgeted resources.
LR 1248(04) - Fiscal Note - Page 1 of 1