HF 4880

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/09/2026 02:49 p.m.

A bill for an act
relating to consumer protection; establishing consumer protections for the sale of
solar energy systems; requiring registration; requiring reports; proposing coding
for new law as Minnesota Statutes, chapter 81B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [81B.01] SHORT TITLE.
new text end

new text begin This chapter may be cited as the "Solar Energy Systems Consumer Protection Act."
new text end

Sec. 2.

new text begin [81B.02] SCOPE.
new text end

new text begin (a) This chapter applies to an agreement entered into on or after ..... This chapter does
not apply to the transfer of title or rental of real property where a solar energy system is
installed or expected to be installed.
new text end

new text begin (b) A solar energy system installed as a feature on a newly constructed residence is only
subject to section 81B.06, subdivision 1.
new text end

new text begin (c) If an energy storage system is operated without being interconnected to a solar energy
system or is interconnected to a solar energy system that was operating before the energy
storage system was interconnected, this chapter applies only to the energy storage system.
new text end

Sec. 3.

new text begin [81B.03] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin For purposes of this chapter, the following terms have the
meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Agreement. new text end

new text begin "Agreement" means a contract between a solar energy company
and a consumer to:
new text end

new text begin (1) purchase or lease a solar energy system; or
new text end

new text begin (2) purchase solar energy under a power purchase agreement.
new text end

new text begin Subd. 3. new text end

new text begin Commissioner. new text end

new text begin "Commissioner" means the commissioner of commerce.
new text end

new text begin Subd. 4. new text end

new text begin Consumer. new text end

new text begin "Consumer" has the meaning given in section 325M.11, paragraph
(g).
new text end

new text begin Subd. 5. new text end

new text begin Energy storage system. new text end

new text begin "Energy storage system" means a device that:
new text end

new text begin (1) stores electricity to be used at a later time;
new text end

new text begin (2) uses energy generated by a solar energy system or the electric grid to recharge;
new text end

new text begin (3) is located at a consumer's residence and connected to a consumer's solar energy
system on the consumer's side of the electric meter; and
new text end

new text begin (4) provides stored electricity primarily to offset a consumer's consumption of electricity
from the electric grid.
new text end

new text begin Subd. 6. new text end

new text begin Fixture filing. new text end

new text begin "Fixture filing" means a Uniform Commercial Code filing,
recorded at the office at which the mortgage for a consumer's residence is filed, that
establishes (1) a solar energy system is considered part of the consumer's real property, and
(2) a lender has priority over other creditors if the consumer defaults on the loan, sells the
residence where the solar energy system is installed, or declares bankruptcy.
new text end

new text begin Subd. 7. new text end

new text begin Lease. new text end

new text begin "Lease" has the meaning given to "consumer lease" under Code of
Federal Regulations, title 12, section 1013.2, paragraph (e).
new text end

new text begin Subd. 8. new text end

new text begin Lender. new text end

new text begin "Lender" means a person or entity that makes a loan for a solar energy
system.
new text end

new text begin Subd. 9. new text end

new text begin License. new text end

new text begin "License" means:
new text end

new text begin (1) a residential building contractor license, as defined in section 326B.802, subdivision
11; or
new text end

new text begin (2) a residential remodeler license, as defined in section 326B.802, subdivision 12.
new text end

new text begin Subd. 10. new text end

new text begin Loan. new text end

new text begin "Loan" means credit that is (1) offered or extended to a consumer in
order to acquire a solar energy system, and (2) subject to the requirements of Code of Federal
Regulations, title 16, section 433.
new text end

new text begin Subd. 11. new text end

new text begin Person. new text end

new text begin "Person" means a natural person, corporation, company, partnership,
joint venture, or business entity.
new text end

new text begin Subd. 12. new text end

new text begin Power purchase agreement. new text end

new text begin "Power purchase agreement" means a contract
under which a solar energy company (1) arranges for the design, permitting, financing, and
installation of a solar energy system at a consumer's residence, and (2) sells the power
generated to the consumer.
new text end

new text begin Subd. 13. new text end

new text begin Registration. new text end

new text begin "Registration" means registration of a solar energy company
or solar energy salesperson with the commissioner under section 81B.05.
new text end

new text begin Subd. 14. new text end

new text begin Solar energy company or company. new text end

new text begin (a) "Solar energy company" or
"company" means a person who engages in one or more of the following activities with
respect to a solar energy system:
new text end

new text begin (1) offering or entering into a contract with a consumer to provide for a power purchase
agreement, lease, or purchase;
new text end

new text begin (2) installation;
new text end

new text begin (3) project development, construction, or management; or
new text end

new text begin (4) providing operation and maintenance services.
new text end

new text begin (b) Solar energy company does not include:
new text end

new text begin (1) a natural person who self-installs a solar energy system on residential property owned
by the natural person; or
new text end

new text begin (2) a third-party owner of a solar energy system or a lender for the purchase who does
not sell or install solar energy systems.
new text end

new text begin Subd. 15. new text end

new text begin Solar energy company fee. new text end

new text begin "Solar energy company fee" means the amount
paid or incurred by a solar energy salesperson or solar energy company to a lender for
providing credit to a consumer. Solar energy company fee does not include an amount paid
or incurred by a consumer to obtain financing, including a time-price differential or other
finance charge, as defined under United States Code, title 15, section 1605.
new text end

new text begin Subd. 16. new text end

new text begin Solar energy salesperson or salesperson. new text end

new text begin "Solar energy salesperson" or
"salesperson" means a person who is an employee or independent contractor of a solar
energy company and who solicits, sells, negotiates, procures, or executes agreements for
solar energy systems.
new text end

new text begin Subd. 17. new text end

new text begin Solar energy system. new text end

new text begin "Solar energy system" has the meaning given in section
216C.06, subdivision 17, and, if applicable, includes an on-site energy storage system
interconnected with the solar energy system. A solar energy system must be installed at a
natural person's residence.
new text end

new text begin Subd. 18. new text end

new text begin Solicit. new text end

new text begin "Solicit" means to contact a consumer to sell, lease, or install a solar
energy system.
new text end

Sec. 4.

new text begin [81B.04] REGISTRATION REQUIRED; SOLAR ENERGY COMPANIES
AND SALESPERSONS.
new text end

new text begin Subdivision 1. new text end

new text begin Registration required. new text end

new text begin A person is prohibited from engaging in the
activities of a solar energy company or salesperson without first registering with the
commissioner under this chapter.
new text end

new text begin Subd. 2. new text end

new text begin Application and renewal. new text end

new text begin When determining whether to issue or renew a
registration, the commissioner must consider the application and renewal forms. As
applicable, the application and renewal forms must include:
new text end

new text begin (1) the solar energy company's name, assumed names, doing business as names, including
caller identification names, and business addresses; the name of each solar energy company
owner and officer; and the name and primary work location of each solar energy salesperson;
new text end

new text begin (2) if a solar energy company is doing business under a name other than the solar energy
company's legal name, documentation that the assumed name has been properly filed with
the secretary of state or appropriate government office;
new text end

new text begin (3) the solar energy company's primary telephone number, email address, and website
address used or intended to be used by the solar energy company and the company's solar
energy salespersons to buy, sell, solicit, market, or deliver solar energy systems, energy
storage systems, or a power purchase agreement;
new text end

new text begin (4) for the solar energy company and each solar energy company owner, officer, and
salesperson, a disclosure of all criminal convictions by a court, including military courts,
within the last ten years, except convictions for juvenile offenses and convictions relating
to misdemeanor traffic citations and misdemeanor convictions involving driving under the
influence, driving while intoxicated, driving without a license, reckless driving, or driving
with a suspended or revoked license;
new text end

new text begin (5) a disclosure of civil judgments in favor of a government entity, and government
entity orders entered, filed, or issued, against the solar energy company, the company's
officers and owners, or the company's solar energy salespersons within the last ten years
for violation of consumer protection or unfair trade practice laws;
new text end

new text begin (6) a disclosure of a settlement or other agreement with a government entity within the
last ten years resolving concerns that the solar energy company, the company's officers and
owners, or the company's solar energy salespersons violated consumer protection or unfair
trade practice laws;
new text end

new text begin (7) a disclosure of any instance in which the solar energy company, the company's
officers and owners, or the company's solar energy salespersons were at any time permanently
or temporarily prohibited by a court of competent jurisdiction or ordered to cease and desist
as the result of a government agency action from engaging in the actions of a solar energy
company or salesperson;
new text end

new text begin (8) evidence of each salesperson's registration with Recheck, or an equivalent public
registry identified by the commissioner; and
new text end

new text begin (9) copies of all advertising materials, marketing materials, agreements, and forms.
new text end

new text begin Subd. 3. new text end

new text begin Notice of change in registration information. new text end

new text begin A registered solar energy
company must provide the commissioner written notice of a change in the solar energy
company's name; assumed names; doing business as names; business addresses, including
all business addresses at which the company or the company's solar energy salespersons
conduct business; owners; email addresses; website domain names; or primary telephone
number used by the company or the company's solar energy salespersons no later than 30
days after the date the change occurs.
new text end

new text begin Subd. 4. new text end

new text begin Records. new text end

new text begin A solar energy company must retain records of (1) all salespersons
the company employs or contracts with, (2) all sales proposals provided to a consumer, (3)
executed disclosures, and (4) stipulations upon which the terms of an agreement executed
under section 81B.06 are based. Records under this subdivision must be retained for a period
of not less than six years.
new text end

new text begin Subd. 5. new text end

new text begin Registration fee. new text end

new text begin (a) The fee for a registration under this chapter is:
new text end

new text begin (1) $....... for solar energy salespersons; and
new text end

new text begin (2) $....... for solar energy companies.
new text end

new text begin (b) The commissioner may adjust the registration fee on an annual basis as needed based
on the cost to process registrations.
new text end

Sec. 5.

new text begin [81B.05] REGISTRATION DENIAL, NONRENEWAL, REVOCATION,
AND SUSPENSION.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin The commissioner may by order suspend, revoke, or refuse
to issue or renew a solar energy company salesperson registration for:
new text end

new text begin (1) providing incorrect, false, misleading, or incomplete information to the commissioner
or refusing to allow a reasonable inspection of (i) information and documents in the
possession of the solar energy company, the company's salesperson, or a third party, or (ii)
the company's, the company's salesperson's, or the third party's premises;
new text end

new text begin (2) obtaining or attempting to obtain a registration through misrepresentation or fraud;
new text end

new text begin (3) failing to meet any of the requirements of section 81B.06;
new text end

new text begin (4) making misrepresentations regarding government programs, utility relationships, or
regulatory requirements;
new text end

new text begin (5) engaging in high-pressure sales tactics or preventing consumers from consulting
with advisors; or
new text end

new text begin (6) violating this chapter or section 45.027, 325F.67, 325F.69, or 325F.694.
new text end

new text begin Subd. 2. new text end

new text begin Solar energy company responsibility for actions of salespersons. new text end

new text begin The
commissioner may take action against a solar energy company for a violation of this chapter
by the company's salespersons acting on behalf of or at the direction of the company. The
commissioner may also take action against the salesperson.
new text end

Sec. 6.

new text begin [81B.06] SOLAR ENERGY SYSTEMS CONSUMER PROTECTIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Disclosure form; content; amendment. new text end

new text begin (a) The commissioner must
develop a written disclosure form that a solar energy company must provide to a consumer
before an agreement is signed. The disclosure form must be in at least ten-point font and
must contain, at a minimum:
new text end

new text begin (1) the name of the consumer;
new text end

new text begin (2) the name of the solar energy salesperson;
new text end

new text begin (3) the name, street address, telephone number, email address, and license or registration
number of the solar energy company that is party to the agreement;
new text end

new text begin (4) the name, street address, telephone number, email address, and license or registration
number of the company installing the solar energy system at a consumer's residence, if
different from the solar energy company;
new text end

new text begin (5) a description of the project, including: (i) the capacity of the solar energy system in
kilowatts-DC and, if applicable, the capacity of the energy storage system in kilowatt-hours;
(ii) the brand and type of solar module, inverter, and monitoring device installed; and (iii)
a statement that the solar energy system does not provide backup power without being
interconnected with an energy storage system or other specified equipment that the consumer
may decide to deploy;
new text end

new text begin (6) a solar energy system's technical specifications, including but not limited to:
new text end

new text begin (i) estimates of the first year's production, corrected for estimated production losses
resulting from shade, snow, and soiling; and
new text end

new text begin (ii) the annual rate of decline in the amount of electricity generated by the solar energy
system as a result of system degradation;
new text end

new text begin (7) a statement that the consumer continues to receive an electric utility bill and that the
solar energy company or lender does not control the consumer's electricity rates;
new text end

new text begin (8) the estimated price of the solar energy system;
new text end

new text begin (9) an advisement suggesting that homeowners consult the homeowner's current mortgage
loan servicer, originating lender, and insurance company regarding any potential impacts
of installing a solar energy system;
new text end

new text begin (10) any performance or production guarantees or warranties made by the manufacturer
or installer of the solar energy system and the transferability of the guarantees or warranties;
new text end

new text begin (11) information regarding how to file a complaint with the agency responsible for
regulating the agreement, including:
new text end

new text begin (i) the name and contact information of the regulating agency;
new text end

new text begin (ii) a brief description of the agency's role in regulating solar energy system transactions;
new text end

new text begin (iii) a link to the agency's website or telephone number for filing complaints or requesting
assistance;
new text end

new text begin (iv) information regarding how a consumer's personal data contained in an agreement
is collected, used, stored, and shared; and
new text end

new text begin (v) information regarding a consumer's rights under sections 325M.10 to 325M.21 to
understand and control the use of the consumer's personal data, including the ability to:
new text end

new text begin (A) access data collected about the consumer;
new text end

new text begin (B) request data corrections or deletions;
new text end

new text begin (C) opt out of data sharing or targeted advertising; and
new text end

new text begin (D) file a complaint with the appropriate agency if the consumer believes the consumer's
rights have been violated;
new text end

new text begin (12) a description of requirements that must be met before an installed solar energy
system is activated;
new text end

new text begin (13) a description of equipment a consumer may deploy in order to provide backup
power to a solar energy system;
new text end

new text begin (14) assumptions and methodologies used to estimate postinstallation electric bill savings
provided to the purchaser, including at a minimum estimated utility rates, rate increases,
solar energy system production over time, and the rate of utility compensation for excess
energy generated by the system at the time the agreement becomes effective;
new text end

new text begin (15) financial incentives from the utility, state, and federal government the consumer is
eligible for and that have been incorporated into calculations of the total cost of the solar
energy system made by the solar energy salesperson or solar energy company, including
tax credits, and necessary steps a consumer must take in order to receive the incentives;
new text end

new text begin (16) a disclaimer stating that the solar energy company and solar energy salesperson are
not tax advisors and are not qualified to give tax advice;
new text end

new text begin (17) the following statement: "THE SOLAR ENERGY SYSTEM DOES NOT PROVIDE
ANY ELECTRICITY TO THE CUSTOMER DURING A POWER OUTAGE, and
automatically disconnects from the utility grid in order to protect utility repair personnel
from the risk of electric shock from electricity that could otherwise flow into the utility
distribution system."; and
new text end

new text begin (18) the following statement: "A consumer may, subject to section 325G.08, withdraw
from the proposed sale without penalty."
new text end

new text begin (b) A solar energy company or the installer of a solar energy system, immediately after
determining that a material change in equipment, pricing, financing, production estimates,
project timetables, or any other significant aspect of the proposed sale or operation of a
solar energy system has occurred after the disclosure form has been provided to a consumer,
must communicate the change to the consumer in writing and must provide the consumer
an amended disclosure form incorporating the change.
new text end

new text begin Subd. 2. new text end

new text begin Solar energy system purchase agreement; content. new text end

new text begin An agreement must be
in at least ten-point font and must contain, at a minimum:
new text end

new text begin (1) the information required in subdivision 1, clauses (1) to (8) and (10);
new text end

new text begin (2) the estimated date of completion of design and engineering of the solar energy system,
and statements in close proximity that read:
new text end

new text begin (i) "The solar energy company must complete all work necessary to meet the timelines
required by the Minnesota Distributed Energy Resource Interconnection Process."; and
new text end

new text begin (ii) "After receiving notice of all required permitting, interconnection, and other required
approvals for installation of the solar energy system, the solar energy company must give
the consumer written notice of the estimated installation start and completion dates.";
new text end

new text begin (3) an explanation of warranties and guarantees with respect to equipment or performance,
including the transferability of the obligations;
new text end

new text begin (4) the total purchase price for the solar energy system, including all fees;
new text end

new text begin (5) if applicable, the payment schedule for the solar energy system;
new text end

new text begin (6) a description of the responsibilities of each party to maintain and repair the solar
energy system;
new text end

new text begin (7) a disclosure of each party's responsibility to file the interconnection application with
the consumer's utility and obtain necessary permits;
new text end

new text begin (8) if applicable, a description of a security interest filed against the solar energy system,
including Uniform Commercial Code filings under chapter 336; and
new text end

new text begin (9) the documents that a seller for a home solicitation sale under section 325G.08 must
provide to a consumer regarding a consumer's right to cancel the agreement within three
business days after entering the agreement.
new text end

new text begin Subd. 3. new text end

new text begin Solar energy system lease agreement; content. new text end

new text begin In addition to the content
required under subdivision 4, an agreement to lease a solar energy system must include, at
a minimum:
new text end

new text begin (1) the total number and amount of payments required under the lease;
new text end

new text begin (2) the payment schedule for the leased system, including the number, amount, and due
dates or periods of payments;
new text end

new text begin (3) the interest rate of the loan;
new text end

new text begin (4) a statement regarding the right of a consumer to purchase the solar energy system
during or at the termination of the lease, including how the purchase price is calculated;
new text end

new text begin (5) a description of options available to the lender to transfer the lease to a third party
and the conditions under which a transfer may be made;
new text end

new text begin (6) disclosure of fees received by the lender from the solar energy company; and
new text end

new text begin (7) disclosure of a fixed filing or other security interest a lender intends to file with
respect to the solar energy system.
new text end

new text begin Subd. 4. new text end

new text begin Solar energy system power purchase agreement; content of consumer
agreement. new text end

new text begin In addition to the content required under subdivision 3, a consumer's agreement
with respect to a solar energy system power purchase agreement must include, at a minimum:
new text end

new text begin (1) the length of the power purchase agreement and the total number, amounts, and due
dates of required payments;
new text end

new text begin (2) the monthly payment amounts during the first year of the power purchase agreement;
new text end

new text begin (3) the rate of payment increases and the date of the first increase, if applicable;
new text end

new text begin (4) the trigger event, amount, and timing of any onetime or recurring fees, including but
not limited to system removal fees, Uniform Commercial Code notice removal and refiling
fees, Internet connection fees, and automated clearinghouse fees;
new text end

new text begin (5) the manner in which a consumer receives invoices;
new text end

new text begin (6) a statement regarding the right of a consumer to purchase the solar energy system
during or at the termination of the power purchase agreement, including how the purchase
price is calculated;
new text end

new text begin (7) notice to a consumer that the owner of the system is filing a fixture filing on the solar
energy system; and
new text end

new text begin (8) information regarding the transferability of the power purchase agreement if a
consumer sells the residence where the solar energy system is installed.
new text end

new text begin Subd. 5. new text end

new text begin Other provisions. new text end

new text begin (a) A consumer is not required to make a payment on a loan
or under a power purchase agreement before the consumer's utility has given the consumer
permission to operate the solar energy system.
new text end

new text begin (b) A lender must withhold at least ten percent of the total amount owed to a solar energy
company until the consumer's utility provides the consumer permission to operate the solar
energy system.
new text end

new text begin (c) The sale of a solar energy system under this chapter is subject to section 325G.08
governing home solicitation sales. A solar energy company and a consumer have all the
corresponding rights and responsibilities under section 325G.08 regarding a consumer's
right to cancel an agreement without penalty.
new text end

new text begin (d) Subject to paragraph (b), a consumer has the right to cancel a sale subject to this
chapter at any time without penalty.
new text end

new text begin (e) The solar energy company must ensure that a durable sticker or plaque containing
the current contact information for all warranty and service work is permanently affixed in
a conspicuous location adjacent to the main electrical service panel or the primary disconnect
switch of the solar energy system.
new text end

new text begin (f) The provisions in this section must be included in the disclosure form and an
agreement subject to this section.
new text end

new text begin Subd. 6. new text end

new text begin Agreement review meeting. new text end

new text begin (a) An agreement review meeting must be held
between the consumer and the solar energy company or the company's designee at least ...
days before an agreement is signed. During the meeting, the solar energy company or the
solar energy company's designee must disclose the terms of the final agreement to the
consumer, answer the consumer's questions, and obtain the consumer's affirmative
acknowledgment and understanding of the agreement's terms.
new text end

new text begin (b) Notwithstanding any other law, both audio and video of the agreement review meeting
must be recorded by the solar energy company or the company's designee, and must be
made available to the consumer upon request. The solar energy company must maintain a
copy of the recording for at least two years after the date the agreement review meeting
occurs.
new text end

new text begin (c) The agreement review meeting must be conducted in the same language used in the
disclosure form.
new text end

new text begin Subd. 7. new text end

new text begin Enforcement. new text end

new text begin (a) The commissioner must enforce this chapter.
new text end

new text begin (b) A solar energy company that contracts with a solar energy salesperson that violates
this chapter is subject to the remedies under section 8.31 as if the solar energy company
had committed the violation. This paragraph does not reduce or eliminate the liability of a
solar energy salesperson who violates this section.
new text end