Topic: Solar Licensing in Massachusetts
House Bill 01004 "An Act Pertaining to Green Energy Career Development" As the 2011-2012 legislative session closes the bill is under consideration by the Joint Committee for Consumer Protection and Professional Licensure working sessions. A decision will be made by the Committee by early May . Sponsored by Representative Jennifer E. Benson and seven co-sponsors from across the state, this bill is the first step in creating a solar system contractor license class in Massachusetts. Eleven other states, including Connecticut, have already enacted legislation which recognizes the unique competencies needed to install solar systems. The Committee has heard from hundreds of citizens supporting this bill and many fellow legislators. All understand that consumer protection, safety and workforce development for this 21st century technology and trade all benefit from Representative Bensons' bill.
The bill is inclusive and meant to promote clarity in Massachusetts so licensed, competent, and experienced solar technicians are not excluded from their own trade. A solar system contractor license provides a clear career goal for those entering and employed by the growing solar industry in Massachusetts, and the bill recognizes state and federal funded training programs for solar energy in state schools. The bill also identifies the Massachusetts Board of Building Regulation and Standards (BBRS) as the agency to develop the solar license classification because of its clear jurisdiction over all types of Construction Supervisor Licenses and all specialized codes.
Why is Passage of H1004 Necessary?
Whether a solar energy system is producing electricity with photovoltaic technology, solar thermal energy, or multiple energy outputs from the same device, it's construction in Massachusetts requires a building permit. Since the advent of solar installations in the seventies, multiple trades have been coordinated to perform installations of solar equipment. Architectural, engineering and general contracting firms which specialized in solar assembled the expertise and provided turn key installations. The breadth of knowledge needed to field durable and efficient solar systems to consumers encompasses astronomy, geometry, trigonometry, physics, computer programming, renewable energy and utility policy, structural, mechanical, and electrical engineering and multiple trades, including glaziers, masons, sheet metal workers, millwrights, crane operators, carpenters, roofers, welders, electricians, HVAC technicians, gas fitters and plumbers. The solar credential HO1004 establishes will assure consumers that their installation is properly coordinated by a person or firm with a proven competency integrating all areas. Most of the pioneering firms in Massachusetts have proven this competency voluntarily by becoming certified under the rigorous tests of the North American Board of Certified Energy Practitioners at www.nabcep.org.
This legislation is critical because one trade has declared all solar electric work as their own, including the structural, mechanical and waterproofing work. In early 2009, the State Board of Electrical Examiners (BSEE) promulgated an advisory ruling which effectively states that any and all aspects of photovoltaic work must be done by licensed electricians. This ruling was made without consulting solar industry trade groups or any of their numerous firms registered and licensed in state. These firms have previously installed fully permitted solar electric installations by subcontracting the services of multiple licensed trades, including electricians. Despite a 30 year history of successful installations under the existing regulations, this new ruling hinders the installation of solar in Massachusetts by nearly all of these successful companies and prevents experienced solar technicians from performing field work.
Several BSEE enforcement actions using this ruling have resulted in two cases against General Contractors which are now in their third year of appeal. A group of Massachusetts solar firms including some of the oldest and most experienced in the country have filed a suit against the BSEE to rescind this ruling.
The group is represented pro bono by the Harvard Law School Emmett Environmental Law and Policy Clinic, and is asking the court for a return to the pre-2009 status quo. Passage of House Bill 1004 would effectively restore that balance and ensure competency for solar installer credentials.
Please read the blog news items for updates.
What You Can Do
Your voice in support of a solar credential in Massachusetts is needed. Please reach out to the state elected government through one or all of the following methods:
- Please leave your name on this website to show your support for H01004 to establish a solar license credential in Massachusetts. Your name will be submitted to state officials, representatives, and senators in a paper copy. You can choose not to display your name on our website but still join other supporters of this bill.
- Please write a personal letter of support for this legislation to Sponsor, Representative Jennifer Benson of Lunenburg and to any of the co-sponsors listed. We encourage you to read other bills these legislators are working on, and note your support or concerns. A sample letter is attached.
- Please write to the Joint Committee on Consumer Protection and Professional Licensure. The Senate Chair is Senator Thomas P. Kennedy and the House Chair is Representative Theodore C. Speliotis. Ask that they recommend the bill with favor for vote and passage outside of committee hearings.
- Please write to your home district Representative and Senator to demonstrate your support of this solar legislation. To find out who your district elected officials are, go to http://www.malegislature.gov/People. A sample letter is attached.
- Please write to Governor Deval Patrick indicating your support of a Solar Contractor license for Massachusetts.
- We're told that e-mails frequently don't get through to elected officials; letters are best, but you'll find the e-contacts for each legislator by clicking on their names.
