We all know how the sun can be a very good thing, with its ample supply of Vitamin D, making the plants grow, and creating just the right ambience for a day at the beach. But too much sun presents its own set of dangers; health risks, sun burn, dead plants, a scorching car interior, and a terrible thirst when you can’t find a vending machine.
Solar energy operates much the same way. For those who choose to “go solar” and pony up the money for the necessary equipment, it provides an alternative option to traditional electricity powering their home. This makes sense if the consumers who go this route are fully informed of the costs as much as any benefits, and that others not be forced to pay for or subsidize this choice.
As the Sunshine State, Florida has long been involved in regulating the shifting landscape of solar energy, including a long-standing restriction against third party solar companies selling electricity to customers. This consumer protection has worked quite well, given the vast amount of misinformation regarding the “savings” of powering a home with solar being peddled by armies of salesmen operating in other states (we’re looking at you especially, Louisiana).
Recently, however, the Florida Public Service Commission (PSC) ruled that third party operators may lease solar equipment to consumers, thus avoiding most of the up-front costs of equipping a home with solar. Some may surmise this is a good thing, making access to solar easier for those considering this option. But in reality the truth is far more complex, and perilous. Without reading the fine print on these agreements there is a clear and wide path for thousands of consumers to be duped.
First, many solar lease agreements erase nearly all consumer protections, skirting the laws that apply to numerous other major consumer purchases such as autos and durable goods like appliances. This means if down the road there is a problem with the equipment, a house’s structure or even wiring, the consumer is often left to fend for themselves.
Secondly there is none to very little oversight on the marketing tactics of solar companies in their sales pitch. They can exaggerate “savings” that may benefit consumers initially, while completely ignoring other long-terms costs such as maintenance and fluctuations in pricing. Indeed, high annual cost escalators often rely on unrealistic assumptions to justify rate hikes, and leases will often contain “balloon” payments that induce consumers with low costs up front, but hefty increases down the line. Adding to the confusion is the heavy reliance on subsidies, tax credits and net metering, which are often speculative, subject to the whims of politicians and don’t apply to all customers. What you get is a rose-colored sales pitch that will almost certainly underestimate the true costs of leasing a residential solar system.
Finally, there are the contract terms that are anything but transparent or easy to modify when circumstances change. Many such contracts bind consumers for up to 20 years (as does the Sunrun contract at issue in the recent PSC ruling), and allow the companies to assign leases to other companies, and contain covenants making it more difficult for homeowners to modify or sell their homes should the need arise. Simply, these lease agreement will often bind homeowners to terms heavily tilted in the solar company’s favor, with steep penalties and costs for consumers who seek to escape them.
Without addressing the concerns of these long-term and heavily skewed leases, the PSC has opened the door for consumer abuse despite proponents’ failure to get Florida voters on board in recent amendment efforts. Of course the devil is in the details. While some companies might be well-meaning, the lesson learned from other states is not encouraging. We can now expect companies to flood to Florida with all kinds of pitches on the wonders of solar power, many of which will be dishonest in their claims and predatory in their terms. With this door now open, we’ll see yet a continued push by solar companies for the right to sell electricity outright to Floridians, a practice fraught with consumer abuse concerns and still thankfully banned. But without action by Florida lawmakers to address this current overreach on leasing, don’t be surprised to hear of thousands of Florida consumers getting burned by solar.