CSLB Workforce Regulations on BESS Should Be Upheld, Public Safety In Peril

On Sept. 26, 2024, a San Diego Superior Court Judge granted a preliminary injunction  that will temporarily halt the California Contractors State License Board (CSLB) from preventing solar contractors without electrical licenses from doing some battery energy storage installations. These regulations were slated to be implemented Oct. 1.

This is a temporary set-back and the California State Association of Electrical Workers (CSAEW) strongly supports the regulations adopted by the CSLB that clarify that a C10 electrical contractor license, which requires the employment of state certified electricians, is the appropriate specialty contractor license for installation of battery energy storage systems (BESS) with a capacity of 80 kWh or more.  

The fact is, the larger the capacity of an energy storage system, the greater risk of fire and explosion and the more complex and involved the installation requirements.  Unlike, C10 electrical contractors, C46 solar contractors are not required to use certified electricians to perform electrical work. They can hire people off the street with zero training. It makes no sense to allow them to install large commercial and industrial scale energy storage systems.

The CSAEW believes this lawsuit is much ado about nothing. The new CSLB regulations still allow C46 contractors to install the vast majority of battery energy storage projects. Utility data shows that 99% of paired solar and battery energy storage system projects are under the 80 kWh threshold adopted by the CSLB.  Furthermore, there are over 27,000 C10 contractors that currently install over 95% of all solar rooftop installations and over 98% of all battery energy storage systems.  In contrast there are fewer than 450 contractors that hold only a C46 solar contractor license.  The CSLB found that last year those 450 solar contractors did not install any battery energy storage systems over 80 kWh in size.  The CSLB regulations merely sets in place the status quo and ensures that larger commercial and industrial scale energy storage systems are installed safely using certified electricians.

The CSLB decision aligns with public sentiment for safety, with thousands of citizens and organizations advocating for qualified personnel to handle BESS installations, particularly in light of increasing fire risks due to climate change.

We look forward to the merits of this case being litigated and the CSLB regulations upheld.