2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › CONVEYANCING AND EVIDENCE OF TITLE (§§ 38-35-101 — 38-36.5-109) › Article 35.7 - DISCLOSURES REQUIRED IN CONNECTION WITH CONVEYANCES OF RESIDENTIAL REAL PROPERTY (§§ 38-35.7-101 — 38-35.7-112) › Section 38-35.7-106 - Solar prewire option - solar consultation

(1)
(a)
Every person that builds a new single-family detached residence for which a buyer is under contract shall offer the buyer the opportunity to have each of the following options included in the residence's electrical system or plumbing system, or both:
(I)
A residential photovoltaic solar generation system or a residential solar thermal system, or both;
(II)
Upgrades of wiring or plumbing, or both, planned by the builder to accommodate future installation of such systems; and
(III)
A chase or conduit, or both, constructed to allow ease of future installation of the necessary wiring or plumbing for such systems.
(b)
The offer required by subsection (1)(a) of this section must be made in accordance with the builder's construction schedule for the residence.
(2)
Every person that builds a new single-family detached residence for sale, whether or not the residence has been prewired for a photovoltaic solar generation system, shall provide to every buyer under contract a list of businesses in the area that offer residential solar installation services so that the buyer, if he or she so desires, can obtain expert help in assessing whether the residence is a good candidate for solar installation and how much of a cost savings a residential photovoltaic solar generation system could provide. The list of businesses shall be derived from a master list of Colorado solar installers maintained by the Colorado solar energy industries association, or a successor organization.
(3)
Repealed.
(4)
Providing the master list of solar installers prepared by the Colorado solar energy industries association, or a successor organization, to a buyer under contract shall not constitute an endorsement of any installer or contractor listed. A person that builds a new single-family detached residence shall not be liable for any advice, labor, or materials provided to the buyer by a third-party solar installer.
(5)
Repealed.
(6)
Nothing in this section shall preclude a person that builds a new single-family detached residence from:
(a)
Subjecting solar photovoltaic electrical system upgrades to the same terms and conditions as other upgrades, including but not limited to charges related to upgrades, deposits required for upgrades, deadlines, and construction timelines;
(b)
Selecting the contractors that will complete the installation of solar photovoltaic electrical system upgrades;
(c)
Stipulating in the purchase agreement or sales contract that solar photovoltaic electrical system upgrades are based on technology available at the time of installation and such upgrades may not support all solar photovoltaic systems or systems installed at a future date, and that the person that builds a new single-family detached residence shall not be liable for any additional upgrades, retrofits, or other alterations to the residence that may be necessary to accommodate a solar photovoltaic system installed at a future date.
(7)
(a)
This section applies to contracts entered into on or after August 10, 2009, to purchase new single-family detached residences built on or after August 10, 2009.
(b)
This section does not apply to:
(I)
An unoccupied home serving as sales inventory or a model home; or
(II)
A manufactured home as defined in section
24-32-3302(20)
.
Amended by 2020 Ch. 193,§ 2, eff. 9/14/2020.
Amended by 2018 Ch. 359,§ 11, eff. 6/1/2018.
L. 2009: Entire section added, (HB 09-1149), ch. 1073, p. 1073, § 1, effective August 5. L. 2012: (2), (3), (4), and (5) amended, (HB 12-1315), ch. 977, p. 977, § 43, effective July 1. L. 2018: (2) and (4) amended and (3) and (5) repealed, (SB 18-003), ch. 2148, p. 2148, § 11, effective June 1. L. 2020: (1) and (7) amended, (HB 20-1155), ch. 895, p. 895, § 2, effective September 14.