CSLB authorizes rulemaking to clarify C46 solar contractors can install and maintain some battery systems

The Contractors State License Board voted March 19 to initiate formal rulemaking to clarify when a Class C46 solar contractor may install, maintain and repair battery energy storage systems.

Chair Miguel Galarsa opened the discussion by noting the issue has returned to the board repeatedly since 2015 and that staff and stakeholders had worked toward consensus. Registrar Folk said the proposed language in the packet would ‘‘clarify when a C46 solar contractor may install a battery energy storage system’’ and that representatives of the California Solar and Storage Association, the National Electrical Contractors Association and the International Brotherhood of Electrical Workers reviewed the text and supported it.

DCA board counsel John Kim gave a procedural overview and recounted that litigation tied to earlier amendments had been settled; he said the new language would allow C46 contractors to install, maintain and repair battery systems on systems they previously installed and would narrow uncertainty between trades. "This clarifies it," he said.

Board members asked whether there was anticipated opposition. Staff responded there were no known organized objections at the time but noted that off-grid solar installers had not been surveyed and could voice concerns during the public comment period once the package is filed.

The motion, read aloud by the chair, directed staff to submit the proposed regulatory text to the Department of Consumer Affairs and the Business, Consumer Services and Housing Agency for review, to proceed with the Office of Administrative Law packet and to set the matter for hearing if requested during the 45-day public comment period. The roll-call vote returned a majority in favor and the board chair declared the motion passed.

What happens next: if the board-approved package is filed, it will enter the formal rulemaking process—review by DCA and agency staff, a public comment period of at least 45 days, and possible OAL review—before any regulatory change becomes effective.

Board action recorded: the board authorized staff to initiate rulemaking to amend California Code of Regulations section 832.46 to clarify C46 scope for battery energy storage systems.