A coalition of clean energy, consumer protection, and environmental groups have filed a motion in San Diego Superior Court seeking a preliminary injunction to prevent the enforcement of a new rule that would severely restrict solar contractors from installing and servicing BESS in California.
Approved by the California Contractors State License Board (CSLB) in April, the rule seeks to prohibit licensed solar installers from adding battery storage to existing solar panels and performing maintenance on batteries. The rule would apply to batteries the contractors have installed themselves.
The plaintiffs are asking the court to prevent the rule from taking effect on October 1, 2024.
According to Solar Builder, the motion alleges the CSLB is violating state law by neglecting to properly assess the impacts of the new rule – economically and environmentally. They attest it will cause immediate and irreparable harm as hundreds of solar contractors will need to cut their workforces or shutter their businesses entirely. In addition, consumers will be negatively impacted, and the state will have a much tougher time meeting its climate goals.
The preliminary injunction is based on the fact that the CSLB did not follow the Administrative Procedures Act or the California Environmental Quality Act in a multitude of ways, including the failure to consider alternatives or assess the negative impact it would have on small businesses.
“This misguided decision by the licensing board greatly limits who consumers can turn to for solar storage, without any real evidence of a safety issue,” said Jenn Engstrom, state director of CALPIRG, one of the plaintiffs, in a statement. “This red tape will delay services, increase costs for consumers, and make it harder for California to meet its clean energy goals.”
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