As many of you know by now, Adam Browning decided to step back from running Vote Solar and move into an advisory role for the group. Adam is definitely worthy of holding a place among those in top leadership positions who have helped the solar industry become what it is today. This podcast with Adam is definitely worth a listen. We'll also be checking out Volts' newsletter.
Volts podcast: 20 years of solar advocacy, with Adam Browning of Vote Solar
This is another interesting event hosted by the MIT Club of North California. On Thursday, Oct 7th, they will be discussing negative emissions technologies. We predict this could be a rapidly developing industry, and thus opportunity, in the decade to come.
Roger Aines, Chief Scientist of Lawrence Livermore National Laboratory, is set to lead the discussion. A description of virtual event and the registration info is below.
Green Power Academy is offering a 3 day course for non-finance industry professionals that our members might benefit from. The course is advertised as providing an understanding of the common elements of a financial model and the key terminology.
You can check out the full agenda and register here if this is of interest to you:
Renewable Power Finance for Non-Finance Professionals
As storage continues to take a leading position in the cleantech landscape, battery safety and knowledge is key. Listen to this recent podcast on the Energy Show to hear an industry expert's insights and experience on battery safety:
Podcast: Battery Storage Safety with Matt Paiss
A recent post by the California Construction Law Blog includes some excellent suggestions on ways that contractors can protect against risks from rising material costs. These ideas include using Time & Materials Contracts that make the owner responsible for material costs, adding larger margins or cost escalator provisions in lump sump Residential and Commercial Installation Agreements, relying the Force Majeure provision of the contract to protect against not reasonably anticipated cost increases, and pre-ordering materials.
Sharply reducing net metering payments and imposing high, solar-only fixed charges could slow the growth of rooftop solar installations – and, in the most extreme cases, could cause installations to plummet – according to a new report from Environment California Research & Policy Center, CALPIRG Education Fund and Frontier Group.
The report comes as the California Public Utilities Commission (CPUC) considers changes to the state’s net metering program, which compensates solar owners for the excess electricity they sell back to the grid.
32 Universities Across 28 States Will Conduct Industrial Assessments to Help Local Manufacturers Reduce Carbon Footprint, Lower Costs, and Train Energy Workforce of Tomorrow
WASHINGTON, D.C. — The U.S. Department of Energy (DOE) today announced $60 million in funding for its largest-ever cohort of university-based Industrial Assessment Centers (IACs), which assist small- and medium-sized manufacturers in reducing their carbon emissions and lowering energy costs, while training the next generation of energy-efficiency workers. The groundbreaking investment will help remove barriers to decarbonization across the manufacturing sector and advance the Biden Administration’s goal of achieving a clean energy economy.
The U.S. Department of Energy (DOE) Solar Energy Technologies Office (SETO) is launching the American-Made Solar Prize Round 5 Software Track, a part of the American-Made Challenges, to accelerate the development, validation, and commercialization of innovative solar software solutions that will increase the competitiveness of the U.S. solar industry. These rules are specifically for the American-Made Solar Prize Round 5 Software Track. Any innovation that is focused solely on software is eligible for the Solar Prize Software Track.
The National Renewable Energy Laboratory has launched a collaborative effort with key code officials, authorities having jurisdiction, and the solar industry to develop standardized plan review software that can run compliance checks and process building permit approvals for eligible rooftop solar systems.
Solar APP+ permitting software is designed to help governments and installers with solar permitting and installation.
A report released today reveals that enabling the continued growth of distributed energy resources (DERs), like rooftop and community solar and battery storage, would save California ratepayers $120 billion over the next 30 years. According to the new analysis by national grid modeling experts Vibrant Clean Energy, commissioned by Local Solar for All, building an electricity system that combines and efficiently leverages more local solar and batteries with utility-scale renewables saves the grid the equivalent of $295 per year for the average California ratepayer.
This list of the worlds leading CO2 contributors shows its t
ime for individual and government action.
6/30/21 News Story: “PG&E just asked regulators for a $3.6b rate hike to reduce fires from their own power lines.”
Listen to the Cinnamon Energy weekly Energy Show to learn more about the specific changes monopoly utilities want, the falsehoods being told and steps we all need to take before the utility profit grab goes into effect.
For all contractors selling solar, storage and other cleantech installation products and services in California, please be aware that the California Public Utility Commission (CPUC) voted in June 2021 to maintain a public list of contractors found to be violating consumer protection rules. This means that the contracts and procedures used by contractors in California just became even more important to ensure compliance with state contractor licensing laws.
Check out this excellent webinar hosted by the Clean Coalition on the true components underlying electricity costs from Distributed Generation and remotely located power plants: Webinar: Local clean energy generation or remote — who wins the battle?
Some key take aways from the webinar are, as follows:
- Transmission costs are the fastest-growing component of your electricity bill.
- Intelligently siting 4 GW of local solar would preempt over $2.2 billion in new transmission infrastructure investments — about $20 billion in ratepayer savings when considering O&M.
More than a dozen companies, including HOMER Energy by UL, are leading the way to improve electric reliability with microgrids in the U.S. through a new coalition to represent the industry at the state and federal level.Called “Think Microgrid,” the organization fills the need for a coordinated voice to support the fast- growing microgrid sector in critical policy, legislative and regulatory discussions.
SPI, ESI & Smart Energy Week is the most comprehensive event in North America for the renewable energy industry, including solar, storage, smart energy, wind, hydrogen & fuel cells, geothermal, and EV infrastructure.
Tool Connects Makers with Resources to Help Them Address Challenges to Solar Deployment
Washington, D.C. — Today, the U.S. Department of Energy (DOE) announced $5 million for the American-Made Solar Prize Round 5, a competition designed to accelerate the commercialization of products needed for widespread, equitable solar energy deployment and domestic manufacturing.
For those interested in learning about California utility law, check out the course by Robert Bryson called Overview of California Utility Law that provides an overview of the regulation of public utilities in California.
Does the California Solar Rights Act (“Act”) limit actions that can be taken by Community Choice Aggregators (“CCAs”)? Arguably, yes.
In California, a CCA’s rates and programs for solar customers are not regulated by the California Public Utility Commission (“CPUC”). Does this mean that solar customers’ only protection is through the net energy metering (“NEM”) rulemaking process at the CPUC? Arguably, no.
Our public utility commissions should support the private cleantech industry demanded by voters in the form of laws that protect the right to own private clean energy sources, such as solar and microgrids (“Distributed Energy Resources” or “DERs”).
There are more than 1 million locally owned DERs in California alone, which is the equivalent of approximately nine gigawatts of solar energy or the size equivalent of six large natural gas power plants.(1) Consumer demand for DERs is only increasing due to the innovation of the private cleantech sector. Some utilities and even Community Choice Aggregators (CCAs) are trying to stop this market growth and innovation.
Available Now on Our Site: A Spanish Language Version of Our Residential Solar System Installation Agreement for California Use; More Translated Documents Coming Soon
Many states have requirements that protect consumers whose primary language is not English. Frequently, states require that legal documents are provided in the same language as a consumer’s primary language.
Under California law, a vast range of consumer contracts must be provided in translated form if they are negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean—the five most common non-English languages spoken in California.
On December 16, 2020, the U.S. Department of Energy (DOE) announced the Solar Energy Technologies Office (SETO) Fiscal Year 2021 Systems Integration and Hardware Incubator funding program, which will provide $45 million for projects that will advance research in solar hardware and systems integration, including the creation of an consortium dedicated to developing control technologies for a modernized electric grid.
These projects will help achieve DOE's goal of improving the reliability, resilience, and domestic benefit of solar technologies on the grid. Learn more about SETO’s goals and how to apply for a funding opportunity.
Brush-Up on New Contracting Laws that Come into Play
January 1, 2021
SACRAMENTO – As we make our way into the new year, CSLB would like to highlight some construction-related laws that will go into effect January 1. Pay close attention to these changes, including an extension for seniors’ right to cancel a contract (AB 2471) and the direct authority for the registrar to take disciplinary action for tree worker safety violations (AB 2210). These updates, and the others mentioned below, may impact the way licensees conduct business.
As part of the California Public Utility Commissions consumer protection decisions, the California State License Board ("CSLB") now has the ability to review contracts submitted as part of the interconnection process in IOU territories. In July, the CSLB reviewed 153 contracts to ensure the contractors were licensed, the Home Improvement Salesperson or “HIS” (if applicable) was registered to the prime contractor and that the contracts were complying with state contract law. While all the contractors were properly licensed, the CSLB did find that over 90% of the contracts were not complying with HIS or home improvement contractor requirements.
The CSLB's findings and instructions for complying with the state law were, as follows:
- CSLB found 50 contracts where the HIS was not registered with the CSLB and another 12 where the HIS was not registered to the prime contractor.
- 141 of the contracts did not follow contract law regarding commencement and completion dates. All contracts must have an approximate start date and completion date.
- 149 of the contracts did not follow rules regarding payment schedules
Linda F. Hersey Senior Contributor*
The U.S. clean tech sector is on pace in 2020 to regain its status as the world’s largest energy storage market. California, which has surpassed a half-million jobs in the clean tech economy, leads the nation in solar installations coupled with battery storage systems.
State and federal policies that advance clean technology, declining battery prices and better technology help to drive growth, with revenues projected to grow from $2 billion this year to $12 billion by 2025.
Not only is the state encouraging major battery storage projects, such as San Diego County’s Gateway project (touted as the largest of its kind in the world), California is “on the verge of a breakthrough in sales” of residential energy storage units, according to Bloomberg News. Home energy system sales may quadruple by the end of the year, and are projected to grow at a faster clip in 2021.
Government Policies Encourage Growth
“We want to accelerate a trend you are seeing around the rest of the world,” California Gov. Gavin Newsom said on All Things Considered. “And that primarily will be through battery storage technology, which is really taking shape, which for us will be a game changer, and we think for this nation, as it relates to our transition to renewable power.”
SACRAMENTO – The Contractors State License Board (CSLB) is reminding licensed contractors that it is critically important to follow California law when it comes to contract requirements for solar projects. The installation of a residential solar system is considered home improvement and any contract for a residential solar system must follow the home improvement contract requirements in the Contractors State License Law
The amount of funding about to be injected into the cleantech industry in what President-elect Biden calls the “Clean Energy Revolution” is unprecedented. A historic investment in energy and climate research and innovation, as well as clean and resilient infrastructure and communities, begins in 2021. Given that fossil fuels still comprise nearly 80 percent of global energy use, the market growth potential for the cleantech industry is unfathomable by most.
This article was co-authored by Angela Lipanovich, Esq., Founder of Estriatus Law, PC and Jan Freiwald, PhD, Executive Director of Reef Check. Ms. Lipanovich is a cleantech attorney with decades of experience in the renewable energy industry. Dr. Freiwald specializes in marine science and runs Reef Check an international ocean conservation NGO with projects focused on climate science around the world. This article is also posted on Estriatus Law’s Legal Review blog.
As we look across the charred remains of our communities from wildfires, an opportunity unfolds. To live wiser, more prepared and resilient is possible with the right education and action. It is true that some of the causes of climate change are natural, that the earth’s weather patterns have waxed and waned over centuries and millennia. Our responsibility lies in what we can control. While some communities are rebuilding and planning for their next extreme weather event, no community is safe forever. It is only a question of when a fire, hurricane, tornado, earthquake, tsunami, sea level rise, heat wave, cold front or other weather event comes, and they are becoming more frequent.
Given that the science about humans’ contribution to climate change and its very existence is clear now, why are many so called “climate deniers” holding fast to views that climate change is not human-made and over time things will even out eventually? Do biblical stories about God creating floods and other weather events play into this thinking? In search of the answer, we asked a “climate denier” to explain her viewpoint and help us understand when her views were established. For purposes of this article, she has chosen to remain anonymous.
Excerpt from Our Interview
Question: “Do you believe that climate change is real?”
Answer: “I believe climate change is happening, but not that it is human-made. There have always been extreme weather conditions over time. I believe that eventually things will stabilize.”
Question: “Where did you get the information for forming your beliefs on climate change?”
Answer: “I don’t remember exactly. I have read articles and stories that talk about climate change not being the result of human activities. Really, I just believe that you have to trust your instincts on these types of things.”
Question: “If we showed you a report from an international group of scientists which said that climate change is real and human activities are a significant contributing factor, would that change your mind?”
Answer: [pause thinking] “I don’t think so . . . no it wouldn’t. I would just look for reports that say the opposite. I know they exist. Corporate money is behind the reports about saying climate change is caused by the use of fossil fuels. I wouldn’t believe those reports. I mean, California has a law, I can’t remember exactly what it requires, but it is something like no more fossil fuels are allowed. And, look at California - nothing has changes over its skies.”
Question: “Do you realize that climate change doesn’t just affect one area? Rather, it is something that impacts weather systems worldwide?”
Answer: “Yes, I understand that, but it doesn’t affect my opinion.”
Our Thoughts On How Climate Deniers Form Their Beliefs
As doctorate professionals with specialties focused on climate related issues, we sought to extract lessons from this interview to understand how climate deniers form their beliefs despite a 99.9% scientific consensus otherwise. This article summarizes our analysis of a thinking that is common now in many areas of the United States.
As fires rage across the West Coast and political tensions rise, a mounting fear underlies it all. Many people fear the elite (e.g., corporate money for the interviewee, or academia for others) and all they represent, to the extent they consider them a boon to an American sense of freedom to do what you want, when you want (e.g., your instincts). Many others fear that if a President is not elected who prioritizes stopping climate change that our planet will become uninhabitable.
Both sides are entrenched and their opinions are strengthened by what psychology refers to as “confirmation bias” that suggests that once people have formed a view, they embrace information that confirms that view while ignoring or rejecting information that casts doubt on it. Basically, people pick the data that makes them feel right because it confirms their ideas. Confirmation bias results in people failing to be able to perceive situations objectively.
Confirmation bias is what leads people to trust their own judgment on scientific issues related to climate science. The stories of disbelievers in human caused climate change come in different variations, such as the beliefs of the person we interviewed, that climate change is happening, but it is not human-made; to that God alone can control the weather, to that there have always been extreme weather conditions and over time things stabilize eventually. These themes are repeated in the media and in conversations among likeminded people. It makes people feel good to confirm their beliefs — something that can make people become prisoners of their own assumptions. This leads to distrust towards those who they see as “others” in the erudites who line the halls of higher education across the world because to accept that those others might be right is the most fearful thing they can imagine – a loss of control over what to believe, their faith and how to act according to their instincts or in their own best interest.
But, how was it possible for this confirmation bias to become so entrenched when the science is so clear? To understand the answer to this, is to understand that most people were actually taught the exact opposite of today’s understanding of climate and human impacts on the world when they were in school. Disbelievers in human caused climate change, for example, have concluded that because California’s skies are still hazy, it must all be a hoax — or that there is nothing anyone can do.
Climate Science
Climate science began in the 70s and 80s.[1] Of course, it was not taught in high school or college to Baby Boomers (now 56 to 74 years old) or even to Gen X (now 40 to 55 years old).[2] It was only about thirty years ago that climate science proved that human activities can have global climate impacts.[3] Climate science became a widespread academic field and was gradually integrated into primary and secondary education (e.g. elementary and high school) during the Millennial’s generation, born between 1980 and 1994. Even still, studies as late as 2016, show that climate change is not being taught according to the global scientific consensus in almost 2/3 of America’s school system.[4] This means that 2/3 of America’s high-schoolers are still not being taught what 99.9% of the scientists worldwide agree on.[5] Previous generations were taught that the skies and oceans are so big that humans could not possibly have any impact on them.
Literally, Baby Boomers and Gen X were taught the opposite of today’s global scientific consensus. Is it any wonder that many people from these generations do not believe that we are having an enormous, frightening impact on the skies and oceans?
The main proof that human activities are causing climate change became public knowledge in the early 1990s.[6] As a result of improving fidelity of computer models and observational work confirming the Milankovitch theory of the ice ages, a consensus position formed: greenhouse gases were deeply involved in most climate processes and human-caused emissions were bringing discernible rise in average global temperature.[7] Since the 1990s, research has expanded our understanding of causal relations, has created links with historic data and increased our ability to model climate change numerically.
Climate change is caused by factors that include oceanic processes (such as oceanic circulation), biotic processes (e.g., plants), variations in solar radiation received by Earth, plate tectonics and volcanic eruptions, and human-induced alterations of the natural world.[8] The term “climate change” includes both the global warming driven by human emissions of greenhouse gases, and the resulting large-scale shifts in weather patterns. While climate change, broadly interpreted, is a significant and lasting change in the statistical distribution of weather patterns over periods ranging from decades to millions of years, it is the current human caused contributing factors that are within our control to stop. So arguments that climate change is natural are not wrong but they are distracting from the real issue.
Who’s Responsibility Is It?
Some may argue that people are responsible for educating themselves after they finish their formal schooling. But who is justified to say that people should prioritize education over other interests? Many school systems suggest that high-schoolers have learned the essentials of life and that the pillars of knowledge they were taught when young will never change. Therefore, people assume that what they have learned in school is fact. Only in higher education are students taught that basic ideas can change and that what we learn today is only our best attempt at understanding the world. It is not the end all and, in fact, is likely to change as we conduct further research and study. Many people are simply not interested in reading scientific literature, taking continuing education or even reading non-fiction. Instead they pick-up bits of information (or miss information) that confirms their beliefs and what they have been taught when younger.
Our Conclusions
The learning curve about climate change is similar to that about smoking before everyone knew the risks. Only decades ago, at the end of school and work days, kids sat in living rooms and at kitchen tables while their parents chain smoked cigarettes to talk about their days. Now, we know that just as smoking cigarettes causes cancer, human activities can impact our weather systems. Yet, the education on human contribution to climate change is far behind that of cigarette smoking’s link to cancer. This needs to change.
Only in 2013, were Next Generation Science Standards (NGSS) introduced that explicitly include climate change in science curriculum. As of 2019, nineteen states and Washington, D.C., had adopted NGSS and twenty-one states developed similar standards that require teaching climate change in K-12 education. [9] Under NGSS, middle and high school students are expected to learn about how human activities—such as the burning of fossil fuels—contribute to global warming. They are also required to learn the various alternative technologies that produce less pollution and waste and consequently mitigate the impacts of climate change. It took more than 20 years from the first international assessment of climate change until American schools began to teach about it. As more schools across the nation adopt middle and high school curriculums on climate change such as the NGSS or those based on curriculums such as those created by Stanford’s School of Earth, Energy & Environmental Science for example, the dangers of confirmation bias in climate deniers will lessen.[10]
If federal leadership is going to be elected that prioritizes climate change, “green” industries and their institutional investors must build on and address these recent educational efforts. In this regard, fossil fuel money has been much more effective than “green” money with decades of influence campaigns directed at all levels of educational institutions.[11] This makes sense, because if you are in an industry that is blamed for climate change, such as coal, you will go to great lengths to keep your job and to deny you are part of the problem.[12]
Every step that our nation takes to teach accurate information on climate change is progress in creating the unified support needed to elect federal leadership that prioritizes climate change appropriately as one of the most important issues our nations faces. Compassion for those who learned differently must co-exist with the fear of where we are headed if climate change is not stopped. Those fortunate enough to have received high quality education and current scientific knowledge about climate change have an obligation to educate others — so that they too can be part of the solution.
Moreover, regardless of the level of education, it is the understanding that our knowledge about the world and how it works is changing that needs to be taught. The thinking in absolute truths and confirmation bias is a result of a flawed education system that failed to teach students about the constantly expanding nature of knowledge. For instance, teaching climate change is essential but if it is only taught as another “universal” fact then we are not addressing the issue remaining that people will believe what they were taught when young and not change their opinion as new information and knowledge becomes available. Without teaching that knowledge is changing and expanding and that what we learned when young might not be true as time goes on our society will not be ready for an ever faster changing world. “Green” industries have an obligation to assist in ensuring all people, no matter their background, race or age, have access to this type of education.
The investment of resources in education to ensure that good policies and leadership result at the federal level will take time to produce tangible results; but this is the long game. As Ruth Bater Ginsburg said: “Real change, enduring change, happens one step at a time.”[13] True leadership on climate change must include a compassion for why people believe what they do today along with a rethinking of how we approach science education and climate change in our school systems. It is with compassion that embraces everyone no matter who they are or what they believe that will enable us all to live in a safer future.
***
[1] “Climate science” is the scientific study of weather conditions that exist in an area over a long period, and how and why they might change. See https://www.collinsdictionary.com/dictionary/english/climate-science
[2] Baby Boomers born between 1946 and 1964 are now 56 to 74 years old. Gen X born between 1965 and 1980 are now 40 to 55 years old. See https://en.wikipedia.org/wiki/Baby_boomers
[3] A Brief History of Climate Change at https://www.bbc.com/news/science-environment-15874560
[4] Article: Climate confusion among U.S. teachers available at https://science.sciencemag.org/content/351/6274/664.full
[5] “The scientific “consensus” on climate change has gotten stronger, surging past the famous — and controversial — figure of 97% to more than 99.9%, according to a study by James L. Powell, director of the National Physical Sciences Consortium, he reviewed more than 24,000 peer-reviewed papers from nearly 70,000 authors on global warming published in 2013 and 2014. Only four reject anthropogenic climate change. See: Powell JL. Climate Scientists Virtually Unanimous: Anthropogenic Global Warming Is True. Bulletin of Science, Technology & Society. 2015;35(5-6):121-124. doi:10.1177/0270467616634958.
[6] Climate Change: The IPCC 1990 and 1992 Assessments. IPCC First Assessment Report Overview and Policymaker Summaries and 1992 IPCC Supplement. https://www.ipcc.ch/report/climate-change-the-ipcc-1990-and-1992-assessments.
[7] See e.g., https://en.wikipedia.org/wiki/History_of_climate_change_science
[8] See e.g., https://en.wikipedia.org/wiki/History_of_climate_change_science
[9] “Some States Still Lag in Teaching Climate Science” By
Ines Kagubare,
E&E News on February 8, 2019. Available at https://www.scientificamerican.com/article/some-states-still-lag-in-teaching-climate-science/
[10] Stanford’s recommended middle and highschool curriculum can be found at https://earth.stanford.edu/climate-change-ed/curriculum
[11] See., e.g., Merchants of Doubt. Naomi Oreskes & Erik Conway, May 2011.
[12] Could Greta Thunberg Inspire Appalachia And Coal Country To Embrace Change? By Ken Silvertstein. December 15, 2019 @ https://www.forbes.com/sites/kensilverstein/2019/12/15/could-greta-thunberg-inspire-appalachia-and-coal-country-to-embrace-change/#7693fce536d0.
[13] As quoted in "Notorious RBG"
On Friday, the California Public Utility Commission (CPUC) released the 2nd version of their Solar Consumer Protection Guide. Key requirements around electronic signatures are now incorporated in the guide. All California residential contracts signed on or after September 30 must use the guide.
The CPUC released their initial version of the guide in July 2019. Since that time, any residential customer installing solar on an existing home must have signed and initialed the guide before signing a contract. The CPUC initially required a “wet signature” of the guide, but thanks to the advocacy of the California Solar & Storage Association (CALSSA) and others, electronic signatures were ultimately allowed with some key requirements that will go into effect on September 30.
The largest changes to the guide are on the final two pages.
Customers must now affirm the following before signing the guide:
- They have not yet entered into a contract before signing and initialing the guide.
- The solar provider gave the customer a complete copy of the guide before collecting their initials and signatures.
- The solar provider gave a copy of the guide in Español, 中文, 한국어, Tiếng Việt, or Tagalog if they spoke to the customer in one of those languages.
- The customer was given the option to sign electronically or in handwriting.
- If the customer was solicited through a door to door sale, the default for signing and initialing the guide was through a handwritten signature but an electronic signature option was still provided.
- If the customer was solicited through a door to door sale and did not expressly request an electronic version, a paper version of the guide was provided.
The solar provider must now also affirm in what language the sales presentation was principally conducted and list their CSLB license number and classification on the final page (in addition to page four as previously required). If a Home Improvement Salesperson is collecting the guide, they must now list their registration number on page four.
As part of the interconnection process beginning on September 30, there will be a few more fields contractors must complete. Contractors are now required to include the PACE administrator license number whenever a system is financed via PACE. For all financed systems using a non-PACE financial entity, contractors will be required to give the name of that financier. If there is no financier to name,
contractors may simply write “cash” in the field.
It is now explicitly written in the guide that the CPUC recommends solar providers provide the guide at first contact with a customer.
The California Energy Commission (CEC) today clarified that statewide orders in response to COVID-19 identifying essential electricity industry workers includes solar photovoltaic and energy storage installers.
The ongoing health and safety of all Californians is of upmost importance to the State of California and the (CEC). Consistent with Governor Gavin Newsom’s Executive Order to combat the COVID-19 Pandemic (
N-33-20, dated March 19, 2020), the CEC advises all of its partners and stakeholders to abide by its directives.
Under this order, the California Department of Public Health’s (CDPH) State Public Health Officer has ordered, “all individuals living in the State of California to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as outlined here. In addition, and in consultation with the Director of the Governor's Office of Emergency Services, I may designate additional sectors as critical in order to protect the health and well-being of all Californians.”
The State Public Health Officer has designated
essential critical infrastructure workers needed at this time to support critical sectors, including the construction and energy sectors, as detailed
here. This list of essential workers is updated as needed. The list of identified essential workers for the electricity industry includes “workers who maintain, ensure, or restore the generation, transmission, and distribution of electric power…” This list includes workers whose efforts are needed to supply electricity to households and businesses, and essential workers such as electricians who provide services that are necessary to maintaining the essential operation of construction sites and construction projects (including those that support such projects to ensure the ongoing availability of electricity).
Installation and maintenance of photovoltaics (PV) and energy storage projects have the added importance of supporting the resilience and continued operations of critical equipment and infrastructure across the state that requires uninterrupted power. This may include medical equipment and other devices necessary to ensure ongoing health and safety in consideration of potential grid outages and/or public safety power shutoffs that may occur in the future.
All essential workers are instructed to follow the
public health guidelines issued by CDPH and local public health officials, including social distancing and staying home when sick to protect those they serve, their coworkers, and themselves.
As efforts to control the spread of the virus continue, state and local officials are regularly updating their directives and guidance. Consistent with their authority, some local jurisdictions have placed additional restrictions beyond those put in place by Governor Newsom and CDPH.
To ensure essential services are provided, the CEC supports local enforcement agencies continuing to permit building construction and energy projects, including PV and battery storage installations for both newly constructed and existing buildings. Please contact your local enforcement agency to verify which permitting services are available in your area.
For more information and assistance, the CEC’s
Energy Standards Hotline is responding to emails daily, Monday through Friday. Please leave a voice message to receive a telephone response. Your understanding, cooperation, and patience in these challenging times is appreciated.
Over the weekend, the federal Cypersecurity and Infrastructure Security Agency issued an updated “Coronavirus Guidance for America” memo to further clarify essential critical infrastructure workers during COVID-19. The guidance specifically identifies renewable energy workers as essential.
Among other things, the memo states, as follows:
“Workers supporting the energy sector through renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, ocean, geothermal, and/or hydroelectric), including those supporting construction, manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics. . .
Manufacturing and distribution of equipment, supplies, and parts necessary to maintain production, maintenance, restoration, and service at energy sector facilities (across all energy sector segments). . .
Workers at renewable energy infrastructure (including, but not limited to wind, solar, biomass, hydrogen, geothermal, and/or hydroelectric), including those supporting construction, manufacturing, transportation, permitting, operation/maintenance, monitoring, and logistics.”
Some helpful guidance from the California Solar & Storage Association on COVID-19's impact on cleantech industry services:
COVID-19 Essential Services Memo
March 21, 2020 at 1:00pm
Based on the published guidance available as of the date and time of this memo, CALSSA concludes that the local and state orders, and the federal guidelines, allow for the continued work of the solar energy and energy storage industry under the essential services exemption provided the industry adheres to social distancing standards to the greatest extent possible.
While this document is intended to provide information related to those exemptions, it is critical that the industry use common sense and uphold a strong commitment to meeting the intent and spirit of the Shelter in Place orders. Protecting our workers, our customers, and our community is ultimately our highest priority and clearest guiding principle. This includes following CDC and OSHA social distancing recommendations, some of which are highlighted in this memo. As California faces another electricity crisis in the near future with fire season soon upon us, we must work together to build stronger, more resilient communities and we must do so in the safest manner possible.
As we all know, the governmental response to the COVID-19 crisis is changing by the hour. CALSSA will do its best to stay on top of this dynamic situation and to post updated information as the situation develops on our COVID-19 resources page. We encourage our members to track and follow the updated guidance provided by local governments in your service areas.
STATE GUIDANCE ON ESSENTIAL SERVICES
On March 19, 2020, the State of California issued a statewide Shelter In Place order stating (1):
"The California State Public Health Officer and Director of the California Department of Public Health is ordering all individuals living in the State of California to stay home or at their place of residence, except as needed to maintain continuity of operation of the federal critical infrastructure sectors, critical government services, schools, childcare, and construction, including housing construction." (2) (emphasis added)
On March 20, 2020, the State of California added to their COVID-19 webpage a “list of Essential Critical Infrastructure Workers (pdf). This document tracks with the federal guidance documents cited in the statewide order from the previous day.
(1) Order of the State Public Health Officer, March 19, 2020 found at https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/COVID19/Health%20Order%203.19.2020.pdf and Executive Order N-33-20 found at https://covid19.ca.gov/img/ExecutiveOrder-N-33-20.pdf.
(2) It is important to note that the 2019 Building Energy Efficiency Standards (Title 24 of the Codes of Regulations) for low-rise residential buildings include minimum requirements for solar energy systems. See California Energy Commission, “Residential Compliance Manual for the 2019 Building Energy Efficiency Standards, Title 24, Part 6, and Associated Administrative Regulations in Part 1”, page 7-1.
Cleantech Group is putting on an interesting event in Luxembourg from May 18th to 20th. Check it out here: Cleantech Forum Europe.
This will be a good chance to network with people and companies that are in the cleantech space. We like the broad range of cleantech areas covered in the session tracks, such as cleantech agriculture and food, energy and power, materials and chemicals, transportation and logistics and enabling technologies.
Send us a message at info@cleantechdocs.com, if you can fit this event into your schedule. We'd love to connect with any CleanTech Docs members who are attending.
Recently, California's Contractors State License Board (CSLB) provided an advisory to affirm California protections for solar energy consumers set forth in existing law. All companies engaged in the sale of solar to residential customers would be well advised to take note of the advisory. A summary of the advisory is provided in this blog post below.
C-46 Solar Contractor License Specialty Classification
The CSLB is the primary state agency that is charged with investigating and enforcing compliance with the Contractors’ State License Law for the protection of the public (Business and Professions Code (BPC) §§7006, 7011.4). “The purpose of the licensing law is to protect the public from incompetence and dishonesty in those who provide building and construction services. The licensing requirements provide minimal assurance that all persons offering such services in California have the requisite skill and character, understand applicable local laws and codes, and know the rudiments of administering a contracting business” (UDC-Universal Development v. CH2M Hill (2010) 181 Cal.App.4th 10, 24).
In 1983, CSLB adopted the C-46 Solar Contractor specialty classification. California Code of Regulations, title 16, section 832.46 defines the C-46 classification as follows:
- A solar contractor installs, modifies, maintains, and repairs thermal and photovoltaic solar energy systems.
- A licensee classified in this section shall not undertake or perform building or construction trades, crafts, or skills, except when required to install a thermal or photovoltaic solar energy system.
When a person undertakes work in the C-46 classification, the person is considered a “solar contractor.” Therefore, to perform work under a solar lease or sales agreement to install, modify, maintain, or repair a photovoltaic solar energy system for a home, a person is required to have a C-46 solar contractor’s license (for more information see p.19 of CSLB’s Description of Classifications). Installation of a solar energy product is a “home improvement,” which can only be done by a licensed contractor (BPC §7151).
Lead Generation, Solar Brokering, and Notice of Protections for Consumers
A licensed contractor is permitted to solicit, negotiate, execute, and sell contracts for the installation of these systems personally or through an employee who is a registered salesperson with the CSLB (BPC §§7151.2, 7152, 7154). However, it is becoming common in California for third parties who are not registered salespersons working for licensed solar contractors to generate leads for solar contractors (“lead generators”) or to sell solar contracts to consumers and assist consumers in locating a contractor (“solar brokering”).
Lead generators market solar energy systems to consumers and then sell the list of interested customers to a particular solar contractor or even to multiple contractors. Solar brokers may present themselves as independent contractors who work on system design, price, size, and product with the consumer, and then locate a contractor on the consumer’s behalf. While lead generation and solar brokering through unlicensed salespeople has become a popular method of selling solar technology, in almost all cases soliciting, selling, negotiating, or executing contracts for the installation of these systems requires the salesperson to be employed by a licensed contractor and registered with the CSLB (BPC §§7151.2, 7152, 7154). Thus, the legal scope of functions of an unlicensed lead generator or unregistered or unlicensed solar broker is limited.
While the Business and Professions Code prohibits unlicensed operators from advertising for work requiring a contractor’s license, a lead generator or solar broker may serve as a referral source for licensed contractors, provide contractor contact information to prospective customers, and set up appointments for licensed contractors or their registered home improvement salespersons (BPC §7152 (c)(5)). However, solar energy lead generators or solar brokers cannot provide quotes or offers for the sale and installation of solar photovoltaic systems. This can be done only by a licensed contractor or a registered salesperson who is an employee of a licensed contractor (BPC §§ 7152, 7154). It is a misdemeanor for any person to engage in selling home improvement goods and services without registering with the CSLB (BPC §7153).
The CSLB remains committed to ensuring that the Contractor’s State License Law is followed in the marketing and sale of clean technology home improvements to consumers, and to ensure that consumers are protected from unscrupulous marketing and sales tactics by unlicensed salespeople and installers in an ever-growing solar energy market.
In case you are also starting 2020 with the goal of making your biggest impact on stopping a climate catastrophe, here is some data on how to have the biggest potential impact.
Project Drawdown’s ranking of the 80 solutions with the greatest potential impact on the CO2 challenge, if scaled by 2050.
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|
|
|
|
|
| 1 |
Refrigerant Management |
Materials |
89.74 |
N/A |
$-902.77 |
| 2 |
Wind Turbines (Onshore) |
Electricity Generation |
84.60 |
$1,225.37 |
$7,425.00 |
| 3 |
Reduced Food Waste |
Food |
70.53 |
N/A |
N/A |
| 4 |
Plant-Rich Diet |
Food |
66.11 |
N/A |
N/A |
| 5 |
Tropical Forests |
Land Use |
61.23 |
N/A |
N/A |
| 6 |
Educating Girls |
Women and Girls |
51.48 |
N/A |
N/A |
| 7 |
Family Planning |
Women and Girls |
51.48 |
N/A |
N/A |
| 8 |
Solar Farms |
Electricity Generation |
36.90 |
$-80.60 |
$5,023.84 |
| 9 |
Silvopasture |
Food |
31.19 |
$41.59 |
$699.37 |
| 10 |
Rooftop Solar |
Electricity Generation |
24.60 |
$453.14 |
$3,457.63 |
| 11 |
Regenerative Agriculture |
Food |
23.15 |
$57.22 |
$1,928.10 |
| 12 |
Temperate Forests |
Land Use |
22.61 |
N/A |
N/A |
| 13 |
Peatlands |
Land Use |
21.57 |
N/A |
N/A |
| 14 |
Tropical Staple Trees |
Food |
20.19 |
$120.07 |
$626.97 |
| 15 |
Afforestation |
Land Use |
18.06 |
$29.44 |
$392.33 |
| 16 |
Conservation Agriculture |
Food |
17.35 |
$37.53 |
$2,119.07 |
| 17 |
Tree Intercropping |
Food |
17.20 |
$146.99 |
$22.10 |
| 18 |
Geothermal |
Electricity Generation |
16.60 |
$-155.48 |
$1,024.34 |
| 19 |
Managed Grazing |
Food |
16.34 |
$50.48 |
$735.27 |
| 20 |
Nuclear |
Electricity Generation |
16.09 |
$0.88 |
$1,713.40 |
| 21 |
Clean Cookstoves |
Food |
15.81 |
$72.16 |
$166.28 |
| 22 |
Wind Turbines (Offshore) |
Electricity Generation |
14.10 |
$545.30 |
$762.50 |
| 23 |
Farmland Restoration |
Food |
14.08 |
$72.24 |
$1,342.47 |
| 24 |
Improved Rice Cultivation |
Food |
11.34 |
N/A |
$519.06 |
| 25 |
Concentrated Solar |
Electricity Generation |
10.90 |
$1,319.70 |
$413.85 |
| 26 |
Electric Vehicles |
Transport |
10.80 |
$14,148.00 |
$9,726.40 |
| 27 |
District Heating |
Buildings and Cities |
9.38 |
$457.10 |
$3,543.50 |
| 28 |
Multistrata Agroforestry |
Food |
9.28 |
$26.76 |
$709.75 |
| 29 |
Wave and Tidal |
Electricity Generation |
9.20 |
$411.84 |
$-1,004.70 |
| 30 |
Methane Digesters (Large) |
Electricity Generation |
8.40 |
$201.41 |
$148.83 |
| 31 |
Insulation |
Buildings and Cities |
8.27 |
$3,655.92 |
$2,513.33 |
| 32 |
Ships |
Transport |
7.87 |
$915.93 |
$424.38 |
| 33 |
LED Lighting (Household) |
Buildings and Cities |
7.81 |
$323.52 |
$1,729.54 |
| 34 |
Biomass |
Electricity Generation |
7.50 |
$402.31 |
$519.35 |
| 35 |
Bamboo |
Land Use |
7.22 |
$23.79 |
$264.80 |
| 36 |
Alternative Cement |
Materials |
6.69 |
$-273.90 |
N/A |
| 37 |
Mass Transit |
Transport |
6.57 |
N/A |
$2,379.73 |
| 38 |
Forest Protection |
Land Use |
6.20 |
N/A |
N/A |
| 39 |
Indigenous Peoples’ Land Management |
Land Use |
6.19 |
N/A |
N/A |
| 40 |
Trucks |
Transport |
6.18 |
$543.54 |
$2,781.63 |
| 41 |
Solar Water |
Electricity Generation |
6.08 |
$2.99 |
$773.65 |
| 42 |
Heat Pumps |
Buildings and Cities |
5.20 |
$118.71 |
$1,546.66 |
| 43 |
Airplanes |
Transport |
5.05 |
$662.42 |
$3,187.80 |
| 44 |
LED Lighting (Commercial) |
Buildings and Cities |
5.04 |
$-205.05 |
$1,089.63 |
| 45 |
Building Automation |
Buildings and Cities |
4.62 |
$68.12 |
$880.55 |
| 46 |
Water Saving - Home |
Materials |
4.61 |
$72.44 |
$1,800.12 |
| 47 |
Bioplastic |
Materials |
4.30 |
$19.15 |
N/A |
| 48 |
In-Stream Hydro |
Electricity Generation |
4.00 |
$202.53 |
$568.36 |
| 49 |
Cars |
Transport |
4.00 |
$-598.69 |
$1,761.72 |
| 50 |
Cogeneration |
Electricity Generation |
3.97 |
$279.25 |
$566.93 |
| 51 |
Perennial Biomass |
Land Use |
3.33 |
$77.94 |
$541.89 |
| 52 |
Coastal Wetlands |
Land Use |
3.19 |
N/A |
N/A |
| 53 |
System of Rice Intensification |
Food |
3.13 |
N/A |
$677.83 |
| 54 |
Walkable Cities |
Buildings and Cities |
2.92 |
N/A |
$3,278.24 |
| 55 |
Household Recycling |
Materials |
2.77 |
$366.92 |
$71.13 |
| 56 |
Industrial Recycling |
Materials |
2.77 |
$366.92 |
$71.13 |
| 57 |
Smart Thermostats |
Buildings and Cities |
2.62 |
$74.16 |
$640.10 |
| 58 |
Landfill Methane |
Buildings and Cities |
2.50 |
$-1.82 |
$67.57 |
| 59 |
Bike Infrastructure |
Buildings and Cities |
2.31 |
$-2,026.97 |
$400.47 |
| 60 |
Composting |
Food |
2.28 |
$-63.72 |
$-60.82 |
| 61 |
Smart Glass |
Buildings and Cities |
2.19 |
$932.30 |
$325.10 |
| 62 |
Women Smallholders |
Women and Girls |
2.06 |
N/A |
$87.60 |
| 63 |
Telepresence |
Transport |
1.99 |
$127.72 |
$1,310.59 |
| 64 |
Methane Digesters (Small) |
Electricity Generation |
1.90 |
$15.50 |
$13.90 |
| 65 |
Nutrient Management |
Food |
1.81 |
N/A |
$102.32 |
| 66 |
High-speed Rail |
Transport |
1.52 |
$1,038.42 |
$368.10 |
| 67 |
Farmland Irrigation |
Food |
1.33 |
$216.16 |
$429.67 |
| 68 |
Waste-to-Energy |
Electricity Generation |
1.10 |
$36.00 |
$19.82 |
| 69 |
Electric Bikes |
Transport |
0.96 |
$106.75 |
$226.07 |
| 70 |
Recycled Paper |
Materials |
0.90 |
$573.48 |
N/A |
| 71 |
Water Distribution |
Buildings and Cities |
0.87 |
$137.37 |
$903.11 |
| 72 |
Biochar |
Food |
0.81 |
N/A |
N/A |
| 73 |
Green Roofs |
Buildings and Cities |
0.77 |
$1,393.29 |
$988.46 |
| 74 |
Trains |
Transport |
0.52 |
$808.64 |
$313.86 |
| 75 |
Ridesharing |
Transport |
0.32 |
N/A |
$185.56 |
| 76 |
Micro Wind |
Electricity Generation |
0.20 |
$36.12 |
$19.90 |
| 77 |
Energy Storage (Distributed) |
Electricity Generation |
N/A |
N/A |
N/A |
| 77 |
Energy Storage (Utilities) |
Electricity Generation |
N/A |
N/A |
N/A |
| 77 |
Grid Flexibility |
Electricity Generation |
N/A |
N/A |
N/A |
| 78 |
Microgrids |
Electricity Generation |
N/A |
N/A |
N/A |
| 79 |
Net Zero Buildings |
Buildings and Cities |
N/A |
N/A |
N/A |
| 80 |
Retrofitting |
Buildings and Cities |
N/A |
N/A |
N/A |
The California Contractors State License Board (CSLB) has summarized the new laws that will go into effect this January. Take note of these laws as they may change the way cleantech contractors need to do business in California.
Assembly Bill (AB) 754 requires solar contractors that excavate or put in a ground rod to call “811” prior to obtaining a permit to install a solar energy system. (Chapter 494, Statutes of 2019)
Assembly Bill (AB) 178 specifies that residential construction to repair or replace a residential building damaged or destroyed in a declared disaster must comply with any photovoltaic requirements in effect at the time the building was constructed, not at the time of repair of replacement. This bill’s provisions apply to emergencies declared before January 1, 2020 and self-repeals on January 1, 2023. (Chapter 259, Statutes of 2019)
AB 1076 requires the Department of Justice, on a monthly basis, to review the records in the statewide criminal justice databases and identify those eligible for relief by not disclosing their arrest or conviction records, as specified. This bill’s provisions do not apply to offenses requiring sex offender registration or to any pending criminal charges. The bill extends its requirements to the criminal information provided by the department to other entities for employment, licensing, or certification. (Chapter 578, Statutes of 2019)
AB 1296 empowers agencies participating in the Joint Enforcement Strike Force (JESF) on the Underground Economy to request specified information from the Employment Development Department, the California Department of Tax and Fee Administration, and the Franchise Tax Board, for the purposes of investigating tax or fee related crimes.This bill also adds the Department of Justice, the California Department of Tax and Fee Administration, and the Franchise Tax Board to JESF, and authorizes the Department of Motor Vehicles and California Highway Patrol and other agencies to serve JESF in an advisory capacity. The bill authorizes JESF representatives to exchange intelligence, data, documents, confidential information, or lead referrals and authorizes sharing such information with the Labor Enforcement Task Force. (Chapter 626, Statutes of 2019)
AB 1475 clarifies that a construction manager on Department of Transportation projects be a licensed contractor pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code. (Chapter 289, Statutes of 2019)
Senate Bill (SB) 601 authorizes specified state agencies to establish a process for a person or business either displaced or experiencing economic hardship as a result of an emergency to apply for a fee reduction or waiver required to obtain a license, renew or activate a license, or replace a physical license for display. (Chapter 854, Statutes of 2019)
SB 610 extends the Contractors State License Board sunset date from January 1, 2020, to January 1, 2024. Among other provisions, this bill requires CSLB to conduct a study on whether or not the current contractor bond amount is sufficient and report the findings to the Legislature by January 1, 2021. This bill also requires CSLB to charge C-10 (Electrician) contractors a $20 fee to enforce electrician certification requirements, and authorizes CSLB to automatically suspend a contractor’s license for an unsatisfied construction-related judgment entered against a member of the personnel of record of a licensee. (Chapter 378, Statutes of 2019)
An exciting new UL Listing standard solves the problem of long queues to get new meters for storage devices. Many utilities require storage devices have a new meter installed to ensure that solar plus storage customers are not falsely exporting power to the grid for Net Energy Metering ("NEM") credits. The new certification requirements decision ("CRD") for power control systems is a new optional component within UL 1741.
The CRD can certify two operating modes for NEM paired storage. Solar-Only Charging mode guarantees that a battery cannot charge from the grid. In No Grid Exports mode, the battery can charge from the grid but can only discharge for on-site load.
Storage certified according to this new standard becomes a NEM-eligible device verifiably 100% charged from solar without need for a separate meter. This is especially exciting in places like California where the bankrupt utility PG&E is taking 10 months and longer to process new meter requests. We expect this is just one of many advances in storage that we will see in the coming years as the storage industry continues its rapid maturation process.
JOIN LEADERS FROM SOME OF THE WORLD’S MOST INNOVATIVE COMPANIES IN ENGAGING WITH POLICYMAKERS, LAWMAKERS, TECHNOLOGISTS AND NGO’S TO EXPLORE ENVIRONMENTAL PROTECTION IN AN ERA OF TRANSFORMATIVE TECHNOLOGICAL CHANGE. THE INAUGURAL GREENTECH CONFERENCE WILL TAKE PLACE OCTOBER 2-3, 2019, IN DOWNTOWN SEATTLE.
The next fifty years of environmental protection will not look like the first fifty –it will be driven by technology as much as by regulation. Technology is radically reshaping how things are powered, made, and moved. It is allowing us to observe environmental conditions in real time, and to adjust how we produce goods and services to reduce waste and pollution. Technology is not a panacea, but it is an instrument of rapid change, in the world we live in, and in the world of environmental law and protection. This two day conference will explore innovative and transformative technologies – drones, artificial intelligence, sensors, bioengineering and biotechnology among others – and the unique opportunities – and challenges – they present to protecting the environment. It is the start of a conversation with a diverse group of stakeholders, and will include demonstrations, discussion and dialogue.
Register to Attend
Today, the California Public Utilities Commission (CPUC) issued its California Solar Consumer Protection Guide – a must read for anyone considering installing solar.
On August 30, 2019, the guide will also be available in Chinese, Korean, Spanish, Tagalog, and Vietnamese. It will also be released in audio format.
Beginning September 30, 2019, solar providers in the service areas of Pacific Gas and Electric Company, Southern California Edison (SCE), and San Diego Gas & Electric are required to collect customer initials and a signature on the guide.
Solar providers submitting applications to interconnect residential solar customers in the service areas of Pacific Gas and Electric Company (PG&E), Southern California Edison (SCE), and San Diego Gas & Electric (SDG&E) are required to collect customer initials on the first four pages and a signature on the last page of the Guide starting on September 30, 2019. The signed pages must be included, along with the final contract and any required CSLB disclosure forms, with the interconnection application. Additionally, the CPUC requires that the customer be given sufficient time to read the Guide.
Get the guide and more info at: www.cpuc.ca.gov/solarguide
The Clean Energy Business Network through its parent organization, the Business Council for Sustainable Energy, invites all cleantech businesses to sign-on to a broad energy industry letter to the Office of the United States Trade Representative (USTR) to express concern regarding the negative impacts to U.S. industry by the escalating tariffs with China as a result of the Section 301, and in particular the latest round of proposed tariffs.
Do homeowners get more cost benefit from purchasing energy efficiency retrofits or solar energy generation systems? According to a white paper titled “Reducing Home Energy Costs by Combining Solar and Energy Efficiency”1 after “low hanging fruit” upgrades such as LED lighting and air leak repairs, rooftop solar is the next best economic thing for homeowners to do everywhere except for on old buildings in cold climates. But, should the policies that promote energy efficiency retrofits and solar energy generation systems be structured based on consumer economic benefits? And, if so, what solutions will encourage investments by homeowners that make good economic sense for their particular situation?
The answers to these questions are important not only for structuring energy policies that work, but also for all companies working in cleantech as numerous surveys validate that homeowners’ first goal is to save money when making efficiency and solar improvements. Also, it is very confusing for homeowners to sort out the various energy savings claims from contractors, retailers and manufacturers of these products and services.
The emerging solar plus storage market is expected to grow exponentially over the next decade. Last year, California’s most active state solar trade association changed its name from the California Solar Energy Industry Association to the California Solar and Storage Association. Across the nation, battery storage systems are becoming an integral part of the solar energy system design. As a result, sellers of solar plus storage systems must not only stay up to date on the latest industry trends related to solar plus storage, but also the evolving legal considerations of selling solar plus storage systems.
For installers of solar plus storage systems, the standard Solar Installation Agreements for residential and commercial solar energy systems can typically be used with some key modifications. In addition to including sections that cover the battery storage component and a modified scope of work for the installation and design, Solar Plus Storage Installation Agreements should include specific sections covering the contractor’s estimation of the savings potential of the battery.
Every moment of our lives on this precious Earth is a gift. But, we are all in this experience together. There is no escaping that one person’s decisions will affect the whole, and the collective’s impact will affect each individual. This past year since last Earth Day, the globe saw some of the most extreme weather events and human catastrophes we’ve known in the form of wildfires, hurricanes, floods, and other extreme weather events. The world's scientific community has unanimously concluded that we have about 12 years left to limit devastating global warming.
There could never be so true a time to tell people that their own actions matter. There is power in the people.
An important bill just cleared its first major hurdle to becoming law in the State of California. The Solar Bill of Rights (SB 288), a bipartisan bill co-authored by State Senators Weiner (D) and Nielsen (R), was the brainchild of a fairly new non-profit in California called the Solar Rights Alliance. The Solar Rights Alliance (“SRA”) was modeled after the National Rifle Association (“NRA”) with the goal of putting the power to go solar in the hands of the consumers.
Each state has a different set of laws governing the licensing of contractors. Developers must navigate these laws to avoid liability under state law. For instance, in California, only licensed contractors can enter into contracts involving construction activities. In California the licensed contractor must "own" any contract with a property owner (“Owner”) to the extent that the contract includes construction activities, including renewable energy property improvements. (See Cal. Bus. & Prof. Code Section 7026) This rule also applies to using subcontractors. As a result, Developers of renewable energy projects in California cannot subcontract through licensed contractors to avoid the requirement that the licensed contractor must be the one entering into all contracts with the Owner for any labor, equipment, and materials on the renewable energy project.
Tax-exempt entities (such as non-profits, schools, and municipalities) frequently ask what financing options they have when purchasing solar systems given their inability to use the available tax incentives (ITC) and accelerated depreciation (MACRS). It is important to thoroughly explore each of their options before choosing the financing model so that an option with the most favorable economics, risks and deal terms is chosen. Legal and tax advice should be sought early in the process to understand all of the options available to them.
Many companies find it to be advantageous to pay outside sales employees purely on commission. In order to ensure outside sales employees are financially stable, many companies use a recoverable draw against commission system.
Outside sales employees, who spend more than half their time away from the office engaged in selling activities, may be paid on a draw against commission basis because the minimum wage law does not apply to outside salespersons.
Sometimes contractors desire to take on projects when it is impossible to get an accurate estimate of the total project cost, the schedule cannot be defined or changes are likely to be requested during construction. In these situations, figuring out the appropriate cost for estimating the project carries significant risks and limitations for the contractor because the project scope or timeline is uncertain. Time and materials contracts (“Time & Materials Contract”), also called “cost plus contracts,” provide a solution for contractors in this situation as they allow contractors to ensure that all of their costs are covered while working on the projects.
If you are a contractor installing solar for homeowners in California, don’t forget the new disclosure form that you must present to your customers. Beginning January 1, 2019, solar energy companies must provide a disclosure document substantially in the form created by the Contractor’s State License Board (“CSLB”) in collaboration with the California Public Utility Commission, which is accessible here: Solar Energy System Disclosure Document.
