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Committee backs bill to make failure to provide solar disclosure a per se unfair trade practice
Summary
Senate Bill 233 would make failure to provide the state’s required Distributed Generation Disclosure a violation of the Unfair Trade Practices Act; committee approved the measure 8–1 after testimony from industry and consumer advocates.
The Senate Tax, Business and Transportation Committee advanced Senate Bill 233, which would make a company’s failure to provide the Distributed Generation Disclosure (required for certain residential solar transactions) a violation of the state’s Unfair Trade Practices Act.
Sponsor Senator Maestas introduced the measure as a fix intended to give the disclosure statute “teeth.” He and an industry witness, attorney Patrick Bridal, said the disclosure statute enacted in 2017 contains a detailed list of required disclosures but lacks a straightforward enforcement remedy. The bill would make failing to provide the written disclosure a per se deceptive trade practice, enabling enforcement through existing consumer protection channels and private litigation when appropriate.
Witnesses included solar-industry trade group Renewable Energy Industries Association of New Mexico, which testified in favor and characterized the change as a narrowly tailored consumer protection that would discourage out‑of‑state “door‑to‑door” vendors who allegedly misrepresent terms and then leave customers with contracts they cannot perform. Public testimony included two supporters in person and one online who urged that the change would protect older consumers and others who sign complex contracts without fully understanding long-term terms.
Committee members questioned whether the proposed change duplicated existing consumer-protection tools and whether the Attorney General’s Consumer Protection Division already had authority to act. Sponsor and witnesses responded that the bill would create a clear statutory per se violation that would simplify enforcement and encourage compliance; they noted that many consumers say they were dismissed when they contacted the AG’s office under current practice.
After limited discussion, the committee recorded an 8–1 do-pass vote. Supporters characterized the vote as a “common-sense” fix to improve transparency in home solar sales.
