solar buyers can pause payments after a failed inspection

The text as introduced · 469 words

89R6077 SCR-D

By: Zaffirini
S.B. No. 2224

A BILL TO BE ENTITLED

AN ACT

relating to the execution of a certificate of completion and to

imposing certain requirements under a retail installment contract

for the purchase of distributed renewable generation resources.

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

SECTION 1. Section 345.001, Finance Code, is amended by

adding Subdivision (1-a) to read as follows:

(1-a) "Distributed renewable generation" has the

meaning assigned by Section 39.916, Utilities Code. The term

includes any electric energy storage installed with the generation.

SECTION 2. Subchapter B, Chapter 345, Finance Code, is

amended by adding Section 345.0811 to read as follows:

Sec. 345.0811. DEFERMENT OF RETAIL INSTALLMENT CONTRACTS

FOR DISTRIBUTED RENEWABLE GENERATION RESOURCES ON CERTAIN FAILED

BUILDING CODE INSPECTIONS. (a) A retail buyer who is required by a

retail seller of distributed renewable generation resources to

execute a certificate of completion is entitled to deferment of

installment under Section 345.069 if:

(1) the installation of a distributed renewable

generation resource purchased under a retail installment contract

fails a building code inspection resulting from the installation of

the distributed renewable generation resource not later than the

first anniversary of the execution of the certificate of completion

covering the installation; and

(2) the retail buyer notifies the retail seller of the

failed building code inspection not later than the 30th day after

the date of the inspection.

(b) A retail buyer is entitled to a deferment of installment

under Subsection (a) for the period:

(1) beginning on the date the retail buyer notifies

the retail seller of the failed building code inspection under

Subsection (a)(2); and

(2) ending on the date the retail seller corrects the

work cited by the failed inspection.

(c) If a retail seller of distributed renewable generation

resources does not correct the work cited by the failed building

code inspection before the 91st day after the date the retail seller

receives the notice under Subsection (a)(2):

(1) the certificate of completion is void;

(2) the retail seller shall exercise reasonable care

to remove the distributed renewable generation resource

installation and correct any incidental damage to the real property

resulting from the installation and removal; and

(3) the retail buyer is entitled to rescind the retail

installment contract and receive a refund of all payments under or

in contemplation of the contract.

SECTION 3. Section 345.0811, Finance Code, as added by this

Act, applies only to a retail installment contract entered into on

or after the effective date of this Act. A retail installment

contract entered into before the effective date of this Act is

governed by the law in effect on the date the contract was entered

into, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2025.