As used in this chapter: (1) "Actual energy production" means the average kilowatt-hours produced and measured by the residential solar energy system during the 12 consecutive months immediately following the residential solar energy system's activation. (2) "Customer" means a person that, for primarily personal, family, or household purposes: (a) purchases, or is solicited to purchase, a residential solar energy system under a system purchase agreement; (b) leases, or is solicited to lease, a residential solar energy system under a system lease agreement; or (c) purchases, or is solicited to purchase, electricity under a power purchase agreement. (3) "Division" means the Division of Consumer Protection, established in Section 13-2-102. (4) (a) "Employee" means an individual whose compensation for federal income tax purposes is reported, or is required to be reported, on a W-2 form the employer issues. (b) "Employee" does not include an independent contractor whose manner and means of work performance are not subject to direction, supervision, or instruction from the person who employs the independent contractor. (5) "Estimated energy production" means the solar retailer's estimate, measured by kilowatt-hour, of how much energy the residential solar energy system will produce. (6) "Nameplate capacity" means the sum of the maximum rated outputs of all electrical generating equipment under specific conditions the manufacturer designates, as indicated on the nameplate physically attached to the equipment. (7) "Participant" means an owner, officer, director, member or manager of a limited liability company, principal, trustee, general or limited partner, sole proprietor, or an individual, with a controlling interest in an entity. (8) "Power purchase agreement" means an agreement: (a) between a customer and a solar retailer; (b) for the customer's purchase of electricity that a residential solar energy system owned by the solar retailer generates; and (c) that provides for the customer to make payments over a term of at least five years. (9) (a) "Residential solar energy system" means a solar energy system that: (i) is installed in the state; (ii) generates electricity primarily for on-site consumption for personal, family, or household purposes; (iii) is situated on no more than four units of residential real property; and (iv) has an electricity delivery capacity that exceeds one kilowatt. (b) "Residential solar energy system" does not include a generator that: (i) produces electricity; and (ii) is intended for occasional use. (10) "Sales representative" means an individual who: (a) (i) enters into a business relationship with a solar retailer to sell or attempt to sell a residential solar energy system through direct contact with customers and potential customers; and (ii) as part of the business relationship described in Subsection (10)(a), is compensated, in whole or in part, by commission; or (b) sets appointments or discusses the benefits of solar energy with a potential customer on behalf of a solar retailer. (11) "Solar agreement" means a system purchase agreement, a system lease agreement, or a power purchase agreement. (12) "Solar energy system" means a system or configuration of solar energy devices that collects and uses solar energy to generate electricity. (13) "Solar retailer" means a person who: (a) sells or proposes to sell a residential solar energy system to a customer under a system purchase agreement; (b) owns the residential solar energy system that is the subject of a system lease agreement or proposed system lease agreement; or (c) sells or proposes to sell electricity to a customer under a power purchase agreement. (14) "System lease agreement" means an agreement: (a) under which a customer leases a residential solar energy system from a solar retailer; and (b) that provides for the customer to make payments over a term of at least five years for the lease of the residential solar energy system. (15) "System purchase agreement" means an agreement under which a customer purchases a residential solar energy system from a solar retailer.
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