Bill Number: S.B. 1465
Lesko Floor Amendment
Reference to: printed bill
Amendment drafted by: Leg Council
FLOOR AMENDMENT EXPLANATION
a) specified contact information of the manufacturer, seller or marketer, installer, owner and person responsible for maintaining and warranting the system;
b) whether the person responsible for installing, maintaining and warranting the system is certified by the North American Board of Certified Energy Practitioners;
c) that the seller or marketer must maintain all tax credit records.
First Regular Session S.B. 1465
LESKO FLOOR AMENDMENT
SENATE AMENDMENTS TO S.B. 1465
(Reference to printed bill)
Page 1, line 41, strike "records" insert “exception”
Page 2, line 3, strike "dated and"
Line 4, after "system" insert "and must be dated"
Line 10, strike "five" insert "three"
Strike lines 12 through 18
Renumber to conform
Line 19 strike “IDENTIFY THE TYPE OF” insert “provide a description, including the make and model or a guarantee concerning energy production output that the”
Line 20, after “LEASED” insert “would provide”
Strike lines 21 and 22
Renumber to conform
Line 24, after "lessee" insert "under the agreement"
Line 25, after "agreement" insert a period and strike remainder of line
Strike line 26
Line 33, after the period insert "provide a disclosure in the sale and financing agreements, to the extent they are used by the seller or marketer in determining the purchase price of the agreement,"; strike "tax subsidies that the"
Strike lines 34 through 40; insert “rebates or other state or federal incentives for which the buyer may be eligible and any conditions or requirements pursuant to the agreement to obtain these tax incentives, rebates or other incentives.”
Page 3, line 7, strike "subsidies" insert "incentives"
Lines 9 and 10, strike "of the owner, seller or manufacturer of" insert "related to"
Strike lines 12 through 30, insert:
"9. Include a disclosure, the receipt of which shall be separately acknowledged by the buyer or lessee, if a transfer of the sale, lease or financing agreement contains any restrictions or other impact pursuant to the agreement on the lessee’s or buyer’s ability to modify or transfer ownership of a distributed energy generation system, including whether any modification or transfer is subject to review or approval by a third party. if the modification or transfer of the distributed energy generation system is subject to review or approval by a third party, the agreement must identify the name, address and telephone number of, and provide for updating any change in, the entity responsible for approving the modification or transfer.
10. Include a disclosure, the receipt of which shall be separately acknowledged by the buyer or lessee, if a modification or transfer of ownership of the real property to which the distributed energy generation system is or will be affixed contains any restrictions or other impact pursuant to the agreement on the lessee’s or buyer’s ability to modify or transfer ownership of the real property to which the distributed energy generation system is installed or affixed, including whether any modification or transfer is subject to review or approval by a third party. if the modification or transfer of the real property to which the distributed energy generation system is affixed or installed is subject to review or approval by a third party, the agreement must identify the name, address and telephone number, and provide for updating any change in, the entity responsible for approving the modification or transfer."
Renumber to conform
Page 3, line 35, after the period insert:
"12."
Line 37, after the comma strike remainder of line insert "provide an"
Line 39, after "from" insert "at least"
Line 40, after "to" insert "at least"
Renumber to conform
Page 4, line 6, strike "and tax subsidies"
Strike lines 9 through 15
Renumber to conform
Line 19, strike "whether the"
Strike lines 20 and 21
Line 22, strike "practitioners and provide the buyer or lessee with"
Strike lines 25 through 36, insert:
"C. If the seller's or marketer's marketing materials contain an estimate of the buyer's or lessee's estimated utility charges after the installation of a distributed energy generation system, the marketing materials must contain an estimate of the buyer's or lessee's estimated utility charges during the same period as impacted by potential utility rate changes ranging from at least a five percent annual decrease to at least a five percent annual increase from current utility costs.
D. This section does not apply to an individual or company, acting through its officers, employees or agents, that markets, sells, solicits, negotiates or enters into an agreement for the sale, financing or lease of a distributed energy generation system as part of a transaction involving the sale or transfer of the real property to which the distributed energy generation system is or will be affixed."
Amend title to conform
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2/26/15
11:48 AM
S: SC/jo