Colorado § 38-35.7-106 Solar prewire option - solar consultation

Colorado Statutes

§ 38-35.7-106 — Solar prewire option - solar consultation

Colorado § 38-35.7-106

Title 38Property -

Art.Disclosures Required in Connection with

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Bluebook

Colo. Rev. Stat. § 38-35.7-106 (2026).

Text

(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

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(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).

Legislative History

Source: L. 2009: Entire section added, (HB 09-1149), ch. 235, p. 1073, � 1, effective August 5. L. 2012: (2), (3), (4), and (5) amended, (HB 12-1315), ch. 224, p. 977, � 43, effective July 1. L. 2018: (2) and (4) amended and (3) and (5) repealed, (SB 18-003), ch. 359, p. 2148, � 11, effective June 1. L. 2020: (1) and (7) amended, (HB 20-1155), ch. 193, p. 895, � 2, effective September 14.