81R10071 BEF-D
By: Hamilton H.B. No. 3849
A BILL TO BE ENTITLED
AN ACT
relating to the licensing and regulation of limited solar electric
installers and limited solar electric contractors.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 1305.002, Occupations Code, is amended
by adding Subdivisions (11-a), (11-b), and (11-c) to read as
follows:
(11-a) "Limited solar electric contractor" means a
business entity, other than an electrical contractor or electrical
sign contractor, that is engaged in the business of limited solar
electrical work.
(11-b) "Limited solar electric installer" means a
person, other than a licensed electrician, who is licensed to
perform limited solar electrical work.
(11-c) "Limited solar electrical work" means
electrical work described by Section 1305.1607.
SECTION 2. Section 1305.102(a), Occupations Code, is
amended to read as follows:
(a) The executive director shall adopt rules for the
licensing of electricians, sign electricians, electrical sign
contractors, electrical contractors, residential appliance
installers, [and] residential appliance installation contractors,
limited solar electric contractors, and limited solar electric
installers as prescribed by this chapter.
SECTION 3. Section 1305.151, Occupations Code, is amended
to read as follows:
Sec. 1305.151. LICENSE REQUIRED. Except as provided by
Section 1305.003, a person or business may not perform or offer to
perform electrical work, [or] residential appliance installation,
or limited solar electrical work unless the person or business
holds an appropriate license issued or recognized under this
chapter.
SECTION 4. Subchapter D, Chapter 1305, Occupations Code, is
amended by adding Sections 1305.1605, 1305.1606, and 1305.1607 to
read as follows:
Sec. 1305.1605. LIMITED SOLAR ELECTRIC INSTALLER. (a) An
applicant for a license as a limited solar electric installer must
pass a limited solar electric installer examination administered
under this chapter.
(b) A person is eligible to take the limited solar electric
installer examination if the person:
(1) has at least four years of experience installing
photovoltaic systems;
(2) has at least two years of experience installing
photovoltaic systems and has completed a solar electric training
program approved by the executive director;
(3) holds a license in good standing as an electrical
contractor and has at least one year of experience installing
photovoltaic systems;
(4) has at least four years of electrical construction
experience working for an electrical contractor, including at least
one year of experience installing photovoltaic systems;
(5) has at least three years of experience in an
electrical construction apprenticeship program approved by the
United States Department of Labor, including at least one year of
experience installing photovoltaic systems;
(6) holds a two-year degree in electrical
construction, electrical engineering technology, or renewable
energy technology issued by an institution of higher education and
has at least one year of experience installing photovoltaic
systems; or
(7) holds a four-year degree in construction or
engineering issued by an institution of higher education and has at
least one year of experience installing photovoltaic systems.
(c) In developing the limited solar electric installer
examination, the department shall consult with persons
knowledgeable about the solar electric industry. The department may
accept the results of an examination administered by the North
American Board of Certified Energy Practitioners for all or part of
the examination requirements under this section.
(d) The limited solar electric installer examination must
include:
(1) site analysis;
(2) system wiring;
(3) system grounding;
(4) mechanical integration;
(5) utility interconnection;
(6) electrical safety; and
(7) wire and conduit sizing.
Sec. 1305.1606. LIMITED SOLAR ELECTRIC CONTRACTOR. An
applicant for a license as a limited solar electric contractor
must:
(1) be licensed under this chapter as a limited solar
electric installer or employ a person licensed under this chapter
as a limited solar electric installer;
(2) establish proof of financial responsibility in the
manner prescribed by the executive director; and
(3) maintain workers' compensation coverage for the
contractor's employees through an insurance company authorized to
engage in the business of insurance in this state or through
self-insurance, or elect not to obtain workers' compensation
coverage, as provided by Subchapter A, Chapter 406, Labor Code.
Sec. 1305.1607. LIMITED SOLAR ELECTRICAL WORK. (a) Limited
solar electrical work is limited to electrical work on a
photovoltaic system with an alternating current inverter output
power rating of 100 kilowatts or less. A limited solar electric
installer or limited solar electric contractor may work on a
photovoltaic system with an inverter output power rating greater
than 100 kilowatts if the installer or contractor is working as a
subcontractor of an electrical contractor.
(b) Except as provided by Subsections (c) and (d), limited
solar electrical work is limited to direct current circuits between
a photovoltaic array and an inverter input. Electrical work on the
alternating current output of an inverter, including system
interconnection, must be performed by a person who holds an
appropriate license issued under this chapter.
(c) A limited solar electric installer or limited solar
electric contractor may install Underwriters Laboratories-listed
alternating current modules on a roof, but the home run to the array
must be installed by a person who holds an appropriate license
issued under this chapter.
(d) A limited solar electric installer or limited solar
electric contractor may install and wire in parallel Underwriters
Laboratories-listed micro inverters on a roof, but the home run to
the array must be installed by a person who holds an appropriate
license issued under this chapter.
SECTION 5. Section 1305.166(a), Occupations Code, is
amended to read as follows:
(a) An electrical contractor, electrical sign contractor,
[and] residential appliance installation contractor, and limited
solar electric contractor shall display the contractor's business
name and the number of the license issued by the executive director
on each vehicle owned by the contractor.
SECTION 6. Section 1305.168, Occupations Code, is amended
by adding Subsection (d) to read as follows:
(d) The executive director shall approve a continuing
education course focused primarily on photovoltaic systems if the
course meets the other requirements for approval under this
section.
SECTION 7. Section 1305.201(a), Occupations Code, is
amended to read as follows:
(a) This chapter does not prohibit a municipality or region
from regulating electricians, [or] residential appliance
installers, or limited solar electric installers by:
(1) enacting an ordinance requiring inspections;
(2) offering examinations;
(3) issuing municipal or regional licenses; or
(4) collecting permit fees for municipal or regional
licenses and examinations from electricians, [and] appliance
installers, and limited solar electric installers for work
performed in the municipality or region.
SECTION 8. The Texas Department of Licensing and Regulation
shall issue a limited solar electric installer license without
examination to a qualified applicant under this section who:
(1) applies for a license under this section not later
than June 1, 2010;
(2) submits to the department information required by
any rules adopted under this section;
(3) holds a certification as a photovoltaic installer
issued by the North American Board of Certified Energy
Practitioners; and
(4) pays the application fee.
SECTION 9. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2009.
(b) Section 1305.151, Occupations Code, as amended by this
Act, takes effect September 20, 2010.