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Board authorizes rulemaking to clarify C-46 solar contractorsrole on battery storage systems
Summary
The Contractors State License Board voted March 19 to initiate rulemaking to clarify when C-46 solar contractors may install, add to, and maintain battery energy storage systems, including authority to service previously installed systems; staff said key trade groups helped shape the language.
The Contractors State License Board on March 19 authorized staff to begin regulatory rulemaking to clarify when a C-46 solar contractor may install and maintain battery energy storage systems.
Chair Miguel Garsza introduced the item and said the proposal reflects several years of discussion; staff described new regulatory text that would allow C-46 licensees to install batteries when the work is within the scope of their previously installed systems and to perform maintenance and repair on systems they originally installed. Registrar Folk told the board the language was developed in consultation with stakeholders including the California Solar & Storage Association, the National Electrical Contractors Association and the International Brotherhood of Electrical Workers and that the stakeholders were supportive of the packet language.
Board counsel John Kim provided a legal overview, saying litigation over earlier amendments had been resolved and the revised text narrows the authority by emphasizing maintenance and additions to systems previously installed by the licensee. "They now would have the authority with this additional language to go back to their previously installed systems and add the battery energy storage systems to them and maintain and install what they previously installed," counsel stated.
Registrar Folk and legislative staff explained procedural next steps: if the board approves the text staff will submit the package to the Department of Consumer Affairs and Business, Consumer Services and Housing Agency for review, then file with the Office of Administrative Law for a 45-day public comment period. The board will set a hearing if requested, and staff may make technical or non-substantive edits before filing.
After discussion the board voted on a motion to direct staff to submit the proposed regulatory text and to take all steps necessary to initiate and complete the rulemaking process; the motion passed on roll call.
The action authorizes staff to proceed but does not immediately change regulations; the rulemaking record and any public comments will determine the final text and timeline for OAL review and approval.
