A coalition of clean energy, consumer protection and environmental groups is celebrating a Sept. 26 preliminary injunction that will halt enforcement of a California rule that would severely limit solar companies from installing and maintaining battery storage systems.
The rule, which was approved by the California Contractors State License Board (CSLB) in April, prohibits licensed solar contractors from adding batteries to existing solar panels or performing maintenance on batteries, including those they previously installed themselves. The rule also prohibits solar contractors from building solar and storage systems above a certain size typical of off-grid residential or commercial customers. The rule was approved by the CSLB at the behest of the state’s utilities and affiliated unions, despite the fact that the board’s own investigations have found zero safety problems or incidents in all residential batteries installed to date nationwide , including 175,000 batteries in California alone.
In its preliminary ruling, the San Diego County Superior Court focused on CSLB’s failure to analyze the economic impact of its rule. With the preliminary injunction granted, the CSLB rule is now on hold while the trial continues.
“We are grateful that the judge recognized the serious harm that would be done to small businesses, the loss of green jobs and how California’s progress in expanding local energy storage capacity would be slowed at a critical time,” said Bernadette Del Chiaro, executive director of CALSSA, one of the plaintiffs in the lawsuit.
The plaintiffs argued that CSLB violated state law by failing to properly assess the economic and environmental impacts of the new rule. The plaintiffs argued that this would cause immediate and irreparable harm by forcing hundreds of solar companies to reduce their workforces or close completely, while harming consumers and undermining the growth of renewable energy storage, which is essential for the reliability of the electricity grid and the achievement of climate objectives.
Clean energy and environmental plaintiffs have asked the court to block the rule from taking effect on Oct. 1, 2024 while their legal challenge continues. The request for preliminary injunction was based on the fact that the plaintiffs are likely to prevail on the merits of the case because the CSLB failed to follow the Administrative Procedures Act or the California Environmental Quality Act in several important ways, including failure to consider alternatives or investigate the circumstances. economic impact on small businesses.
If the rule were implemented, it would cause irreparable harm in the form of loss of business, professional reputation, customer goodwill, employment and the disruption of contracted guarantees, the motion said.
The motion further argued that a preliminary injunction would serve the public interest by promoting solar and battery installations critical to expanding renewable energy storage in California, increasing energy reliability in the face of wildfires and power outages, and to combat global climate change.
If the rules were changed, there would simply not be enough certified electricians available to meet the demand for new storage capacity, while licensed solar contractors are available and have been installing and maintaining storage systems for 40 years with a perfect track record in safety, according to the CSLB. own research.
The CSLB rule was just the latest attack on rooftop solar and storage in California.
“California continues to say one thing and do another when it comes to fighting climate change,” Del Chiaro said. “Over the past two years, California has reduced incentives for rooftop solar, banned self-generation at schools and farms, and proposed expensive fixed charges that harm energy savings and local solar power. This must stop if we want to move forward as a state, keep energy prices low and prevent future power outages. Today’s ruling is a good first step, but more damage needs to be undone before California can return to being a clean energy leader.”
News item from CALSSA
