Electrical Contractor License. An electrical contractor license is required to engage in the business of installing or maintaining wires or equipment to convey electric current, or equipment to be operated by electric current. A person must have a journey level or specialty electrician certificate of competency in order to work as an electrician. To obtain a certificate of competency a person must complete certain requirements and pass an examination. The Department of Labor and Industries (L&I) issues licenses and certificates of competency and otherwise administers the regulation of electricians and electrical work.
Consumer Protection Act. The Consumer Protection Act (CPA) prohibits unfair or deceptive acts or practices in trade or commerce, the formation of contracts, combinations and conspiracies in restraint of trade or commerce, and monopolies. Persons injured by violations of the CPA may bring a civil action to enjoin further violations and recover actual damages, costs, and attorney's fees. Recovery may also include an increased award of triple the actual damages up to a maximum of $25,000.
Electrical Contractor License. Any person offering to do work or engaging in the business of installing, repairing, replacing, or maintaining residential or commercial solar energy systems for a total cost of over $1,000 must have an electrical contractor license. Any person designing solar energy systems for a total cost of over $1,000 must either have an electrical contractor license or be a licensed architect or engineer and practicing in their field.
Installation Contracts. Solar energy installation contracts must be in writing and in the same language and terms used in the sales presentation to the customer. The contract must contain certain financial and cost-related provisions, including:
The contract must contain provisions related to the scope of work and warranty on the solar energy system, including:
For installation that includes roofing work for a residential customer the contractor must provide the customer with separate invoices for the roofing work and the contract must separately itemize and identify the cost of roofing tear-off and replacement.
Contract provisions regarding the performance of the solar energy system that the contract must include are:
The contract must include provisions related to net-metering and the applicable electric utility, including:
The contract must also contain the following statements, each initialed by the customer acknowledging they read and understood each provision:
The contract must contain certain contact information, including the contact information of the primary solar energy salesperson and the solar energy contractor.
Cancellation Rights. If a customer exercises their right to cancel the contract within three business days of signing it, the contractor may not enforce the contract's terms. The contractor must terminate any security interest or statutory lien created under the transaction within 20 days of receiving the customer's written rescission. If the customer exercises their right to cancel via email or a certified letter postmarked within the three-day window, even if the contractor or salesperson has not responded, the terms of the contract may not be enforced. A salesperson or contractor may not charge a customer for payment until the rescission period has passed.
Utility Interconnection. The interconnection application for the solar energy system must be approved by the electric utility before installation may begin. A system not approved by the utility must be modified to meet the utility's requirements before the installation can proceed. The utility may waive this requirement for contractors certified by the utility. The contractor must notify the applicable electric utility of any equipment or design changes that occur.
Violations and Remedies. A contractor, subcontractor, or salesperson who fails to comply with these requirements is liable to the customer for any actual damages sustained as a result of the failure. A person is prohibited from soliciting using any deceptive statement or representation regarding the costs, financing, terms, or conditions of purchase or installation of residential or commercial systems. A violation of the requirements set forth by this act is considered unfair or deceptive trade practices and an unfair method of competition under the CPA.
A person or entity that purchases or is otherwise assigned a contract is subject to all claims and defenses that the customer could assert against the contractor. A person, firm, partnership, corporation, or other entity who sells or otherwise assigns a contract must include a prominent notice of the potential liability.
No public hearing was held.
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