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Can California Customers Directly Connect to the Grid Using a PURPA Application Instead of Going Through PG&E or the Local IOU for Net Metering or Net Billing? Posted on Jun 12, 2024
California's major Investor Owner Utilities (IOUs), including Pacific Gas and Electric Company (PG&E), have comprehensive interconnectivity rules approved by the California Public Utility Commission (CPUC). These rules are essential for develo...
How Does the Fixed Charge Bill Structure and Income Graduated Fixed Charge Adopted by the CPUC Impact Customers? Posted on Jun 11, 2024
In May 2024, the California Public Utilities Commission (CPUC) approved a fixed charge bill structure that includes income-graduated fixed charges (IGFCs) for default residential electric rates. The CPUC vote was 4-0 vote with one recusal approvi...
Can a Contractor in California Charge a Homeowner for Materials Stored in Their Warehouse on Behalf of the Homeowner? Posted on Jun 11, 2024
Yes, a contractor in California can bill a homeowner for materials even if the contractor stores the materials in their warehouse on behalf of the homeowner. According to California regulations, if the contract explicitly provides for the transfer...
Powering the Future: Treasury and IRS New Guidance Could Supercharge American Clean Energy Manufacturing Posted on May 18, 2024
The U.S. Department of the Treasury, in conjunction with the Internal Revenue Service (IRS), recently issued additional guidance aimed at bolstering American clean energy manufacturing. This move is a significant step towards achieving climate go...
New Rules, New Game: The Future of CA Solar Contractors Posted on May 01, 2024
On April 18th, 2024, the California Contractors State License Board (CSLB) issued a controversial rule that could significantly disrupt the operations of California solar contractors working in the clean energy sector. This regulation, pending cod...
What Type of Agreements Should Solar Contractors Use for Service and Repair Work for Homeowners in California? Posted on Nov 07, 2023
In California, specific regulations apply to service and repair contracts on solar and energy storage systems for homeowners. A condensed format is permissible for contracts $750 or less, provided the contract adheres to a specific structure, incl...
10 Top Business Plan Strategies for Solar Contractors Posted on Oct 18, 2023
What strategies should solar contractors include in their business plans to protect against some of the top risk factors involved in running a solar contractor business? Strategy #1: A Plan for Monitoring & Staying Involved at the Political &a...
Center on Solar Consumer Protection! Posted on May 11, 2022
Solar energy is still new to many households and businesses. Companies must guide customers through the solar sales process and beyond to provide a good solar consumer experience. A company’s success in doing so, not only protects consumers, but a...
Time to Spruce Up Your Contracts Posted on Nov 22, 2021
Now is the Time to Update Your California Residential Installation Agreements We recently updated our California Residential Solar Installation Agreements to include terms required by the most recent California rules and regulations. A Spanish ve...
Protecting Your Contractor Business: RME Agreements Posted on Nov 02, 2021
Many solar and other types of cleantech companies need a contractor’s license to operate. This often involves either the owner of the company or an employee with a contractor’s license agreeing to be the responsible managing officer or employee f...
Ideas for CleanTech Contractors to Protect Against Material Cost Increases Posted on Aug 09, 2021
A recent post by the California Construction Law Blog includes some excellent suggestions on ways that contractors can protect against risks from rising material costs. These ideas include using Time & Materials Contracts that make the owner ...
California Contractor Update: Public Utility Commission Approves Public List for Contractors Violating Consumer Protection Rules Posted on Jul 01, 2021
For all contractors selling solar, storage and other cleantech installation products and services in California, please be aware that the California Public Utility Commission (CPUC) voted in June 2021 to maintain a public list of contractors foun...
Do You Know When You Are Required to Use Translated Legal Documents? Posted on Jan 26, 2021
Available Now on Our Site: Spanish Language Version of the Residential Solar System Installation Agreement for Use in California; More Translated Documents Coming Soon Many states require that translated legal documents are used when selling to co...
CSLB Audit Reveals Non-Compliance with Contract Law Posted on Dec 09, 2020
As part of the California Public Utility Commissions consumer protection decisions, the California State License Board ("CSLB") now has the ability to review contracts submitted as part of the interconnection process in IOU territories. In July, ...
California Contractors State License Board Reminds Licensees about the Importance of Following Home Improvement Contract Requirements for Solar Jobs Posted on Nov 18, 2020
SACRAMENTO – The Contractors State License Board (CSLB) is reminding licensed contractors that it is critically important to follow California law when it comes to contract requirements for solar projects. The installation of a residential solar s...
CA: Updated Solar Consumer Protection Guide incorporates new rules on e-signatures Posted on Sep 10, 2020
On Friday, the California Public Utility Commission (CPUC) released the 2nd version of their Solar Consumer Protection Guide. Key requirements around electronic signatures are now incorporated in the guide. All California residential contracts si...
New California Consumer Protection Rules Posted on Jul 16, 2019
Today, the California Public Utilities Commission (CPUC) issued its California Solar Consumer Protection Guide – a must read for anyone considering installing solar. On August 30, 2019, the guide will also be available in Chinese, Korean, Spanish,...
What Legal Considerations Should Contractors Keep In Mind When Selling Solar Plus Storage Systems? Posted on Apr 23, 2019
The emerging solar plus storage market is expected to grow exponentially over the next decade. Last year, California’s most active state solar trade association changed its name from the California Solar Energy Industry Association to the Californ...
Do Developers Need Contractor Licenses to Develop Renewable Energy Projects? Posted on Apr 10, 2019
Each state has a different set of laws governing the licensing of contractors. Developers must navigate these laws to avoid liability under state law. For instance, in California, only licensed contractors can enter into contracts involving const...
What Financing Options Exist for Tax-Exempt Entities that Want to Purchase Solar? Posted on Feb 25, 2019
This guest blog by Angela Lipanovich, President of Estriatus Law, PC, is also posted on Estriatus Law’s Legal Review (February 25, 2019). INTRODUCTION Tax-exempt entities (such as non-profits, schools, and municipalities) frequently ask what fi...
How Can Companies Grow Sales by Hiring Commission Only Sales Employees? Posted on Feb 22, 2019
Many companies find it to be advantageous to pay outside sales employees purely on commission. In order to ensure outside sales employees are financially stable, companies often use a recoverable draw against commission system. Outside sales emp...
Expanding Your Contractor Business: Time & Materials Contracts Posted on Feb 01, 2019
Sometimes contractors desire to take on projects when it is impossible to get an accurate estimate of the total project cost, the schedule cannot be defined or changes are likely to be requested during construction. In these situations, figuring o...
New California Requirement for Residential Solar System Contracts Posted on Jan 24, 2019
If you are a contractor installing solar for homeowners in California, don’t forget the new disclosure form that you must present to your customers. Beginning January 1, 2019, solar energy companies must provide a disclosure document substantiall...
Are Referral Fees Legal? Posted on Jun 12, 2018
This guest blog by Angela Lipanovich, President of Estriatus Law, PC, is also posted on Estriatus Law’s Legal Review. Absent bribery, fraud or a statutory prohibition, the payment of referral fees is not illegal. In California, the relevant law ...
Letters of Intent (LOI) for Power Purchase Agreements Posted on Apr 05, 2018
A power purchase agreement ("PPA") is a financial agreement where a developer arranges for the design, permitting, financing and installation of a renewable energy system on a customer’s property at little to no cost. PPAs are excellent tools for...
Unlicensed Solar Energy Providers Find Hope In Recent California Case Posted on Feb 26, 2018
This guest blog by Angela Lipanovich, President of Estriatus Law, PC, is also posted on Estriatus Law’s Legal Review (February 26, 2018). On February 1, 2018, a cautionary positive tale for unlicensed solar developers and Power Purchase Agreement...
Subcontractor Agreements Posted on Jan 30, 2018
In transactions for the installation of renewable energy projects, “subcontracting” refers to a process whereby the contractor selling the project does not perform all of the work it agreed to perform. Rather, once the project starts, the contrac...
Protecting Your Customer Lists and Trade Secrets: Confidentiality & Non-Compete Agreements Posted on Sep 29, 2017
From installation companies to manufacturing and distribution companies, every business in the cleantech and renewable energy industry is dependent on cutting edge, proprietary know-how and highly valuable customer lists. As compared to other indu...
How Do You Protect Solar Systems From Financial Loss Due to Shading From New Developments or Trees and Shrubs on Adjacent Properties? Posted on Jun 20, 2017
This guest blog by Angela Lipanovich, President of Estriatus Law, PC, is also posted on Estriatus Law’s Legal Review (June 20, 2017). Access to sunlight is often called the most difficult legal issue connected with solar energy use. The ancient ...
Solar O&M: Where's The Dough? Posted on Apr 07, 2017
Solar operations and maintenance (O&M) provides the preventative and correctional technical activities that allow solar systems to perform at their best. As a result of the solar industry’s strong growth curve, O&M is a rapidly growing bu...
Do You Require Your Employees To Sign Arbitration Policies? Posted on Mar 06, 2017
Over the last 15 years, the cleantech industry has grown at a record pace creating a volatility in the industry. The solar industry’s ups and downs are famous, and this “solar-coaster ride” has some important implications. Cleantech companies expe...
Featured Weekly Document: Dealer Agreements Posted on Jan 28, 2017
Many companies in the cleantech industry have created products that they want another company to sell for them. In order to set up this relationship, it is advisable to have a Dealer Agreement that defines obligations, expectations, risk and liabi...
New Warranty Requirements In CA Under NEM 2.0 Posted on Dec 28, 2016
All California solar contractors with customers in PG&E territory now must submit interconnection applications under NEM-2 because PG&E has met its cap for offering NEM-1. The key changes in the NEM-2 program include a requirement that a ...
Three Agreements For Hiring Sales and Lead Generators Posted on Oct 28, 2016
Many successful business owners have learned to focus on sales as their number one priority. When setting up relationships with sales consultants and lead generators, careful attention should be paid to both incentivize sales efforts and protect t...
Why Installation Contracts Can Create Sales Tax Liability Posted on Oct 04, 2016
In California, all contractors face the possibility of a sales tax audit by the Board of Equalization (“BOE”). If a contractor is audited by the BOE, the main documents the BOE will use to determine if unpaid sales or use tax occurred are the con...
Do Contractors Need Both Commercial And Residential Solar Installation Agreements? Posted on Sep 12, 2016
Yes. The law contains many protections for homeowners (consumers) in contractor home improvement agreements that affect the terms of solar installation agreements, including even simple things such as font type and section titles. Commercial sola...
Why Use A Letter of Intent (LOI)? Posted on Jul 04, 2016
Letters of Intent (LOIs) can be essential to locking in a sale prior to a final agreement, such as in the case of a commercial system installation. From the provider's point of view, a binding LOI guarantees payment upon contingencies being met. ...
Do You Need a Solar Power Purchase Agreement or Solar Lease Template? Posted on Jun 21, 2016
In the event that you are looking for a Solar Power Purchase Agreement (PPA) or Solar Lease template, we recommend the online forms developed by NREL, a national laboratory of the U.S. Department of Energy, Office of Energy Efficiency and Renewabl...
Protecting Your Contractor Business: RME Agreements Posted on Mar 24, 2016
Many solar and other types of cleantech companies need a contractor’s license to operate. This often involves either the owner of the company or an employee with a contractor’s license agreeing to be the responsible managing officer or employee fo...AFFILIATE DISCLOSURE
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