Maine LD 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

Bill Text

Page 1 - 132LR1248(05)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-SIX
_____
S.P. 771 - L.D. 1964
An Act to Establish Additional Requirements Related to the Sale or Lease of
Net Energy Billing Interests and Solar Energy Equipment
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 from
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,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 10 MRSA §1250-M is enacted to read:
§1250-M. False representation in sale of electricity product
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Competitive electricity provider" has the same meaning as in Title 35-A, section
3201, subsection 5.
B. "Distributed generation resource" has the same meaning as in Title 35-A, section
3481, subsection 5.
C. "Electricity product" means a distributed generation resource, energy supply by a
competitive electricity provider or a similar resource. "Electricity product" does not
APPROVED
MARCH 19, 2026
BY GOVERNOR
CHAPTER
575
PUBLIC LAW

Page 2 - 132LR1248(05)
include an electrical appliance, machinery or equipment or building efficiency services
or products.
D. "Electric utility" means a transmission and distribution utility as defined in Title
35-A, section 102, subsection 20-B.
2. False representation in sale of electricity product. A person may not falsely
represent the person as a representative of, as an affiliate of or as being in any way affiliated
with an electric utility or as a representative of, as an official of or acting in an official
capacity on behalf of a governmental agency or program, unless expressly permitted by the
electric utility or governmental agency or program, when selling, offering to sell, leasing,
installing or entering into any other financial arrangement regarding an electricity product.
3. Unfair trade practice. A violation of this section constitutes a violation of the
Maine Unfair Trade Practices Act.
Sec. 2. 32 MRSA §4661, sub-§2, as enacted by PL 1969, c. 395, is amended to
read:
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 generation resource that has a net energy billing 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.
Sec. 3. 32 MRSA §14701, sub-§4, as amended by PL 2005, c. 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 energy billing 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 135, the Maine
Uniform Securities Act and rules adopted pursuant to that Act or insurance products that
are regulated under Title 24‑A.
Sec. 4. 35-A MRSA §3209-A, sub-§5, ¶G-1 is enacted to read:
G-1. As applicable, must comply with the requirements of Title 32, chapter 69,
subchapter 5 and Title 32, chapter 128, subchapter 2;
Sec. 5. 35-A MRSA §3218 is enacted to read:
§3218. Standard written disclosure for sale or lease of solar energy equipment
1. Definition. For the purposes of this section, "solar energy equipment" means all
controls, tanks, pumps, heat exchangers, collectors and other equipment necessary for the
collection, transfer and storage of solar energy. "Solar energy equipment" includes
photovoltaic modules, inverters and racking and electronic control