The Energy and Petroleum Regulatory Authority(EPRA) has issued stiff penalties to those dealing in Solar power systems without a Certificate or License.
For instance, a person who, imports, manufactures, sells, designs, tests, installs, commissions, maintains, or repairs a solar PV system without a license commits an offence and is liable to a fine of up to KSh 1 million.
The same punishment awaits those unauthorised dealers who engage in importation, manufacture or sale solar PV consumer devices without clearance from EPRA.
These stiff penalties spelt out by EPRA in the Draft Energy(Solar Photovoltaic Systems) Regulations 2020, aim to guide the manufacture, importation, distribution, design, installation, testing, commissioning, maintenance and repair of solar photovoltaic systems and components in Kenya.
A licensee will be fined if found to be guilty of any of the offences listed in these regulations.
For instance, those practising with an expired license will be fined KSh 50,000 for each day the violation occurs.
Those who are undertaking works above the scope provided under the issued license will pay a fine of KSh 50,000 per incident.
A person who sells solar PV systems, components and consumer devices that do not meet the relevant Kenya Standards will be fined KSh 10,000 for every element that does not meet the Kenya Standard.
EPRA mentions that failing to provide a system owner with a system design declaration before commencing installation works, attracts a fine of KSh 20,000 per incident.
Those who fail to provide a system owner with a completion certificate concerning an installed solar PV system, attract a fine of KSh 20,000 per incident.
Dealers who fail to provide the system owner with a warranty covering the matters specified in the regulations will be paying a fine equivalent to 10% of the cost of the solar PV installation project or component.
Those who fail to submit data to the EPRA in the manner specified in regulation 23 attracts a fine of KSh 5,000. Providing false data to the Authority or inaccurate information on a solar PV component or system to the client, attracts a penalty of KSh 1 Million.
A person who provides inaccurate or incomplete data to the Authority attracts a fine of KSh 100,000.
One preventing an officer or duly notified agent of the Authority during working hours, from entering into and inspecting any premises where a licensed activity taking place or suspected to be taking place, is an offence with a fine of KSh 50,000 for each day that the incident persists.
These fines or penalties are without prejudice to the Authority’s right to suspend or revoke the licensee’s license.
These Draft Energy(Solar Photovoltaic Systems) Regulations 2020 also covers licensing players in the solar photovoltaic value chain and enforcement of approved standards for the industry.
In part, these new guidelines state that a person shall not design, install, test, commission, maintain or repair a solar PV system unless the Authority licenses him/her.
To be licensed by the Authority as a worker, a person shall be required to have the prescribed education qualifications, training and experience as set out in the First Schedule of the draft rules.
These rules also cover licensing of Manufacturers, Importers, Vendors, and Contractors of solar PV systems.
The Authority will upon receipt of an application, grant the applicant the Class SPW1, SPW2, SPW3, SPW4 license for systems with a combined capacity 400 Wp, 3kWp, 10 kWp, 50 kWp respectively as well as Class SPW4 license to design, install, test, commission, maintain, and repair solar photovoltaic systems of any capacity.
A manufacturer, vendor or importer of solar PV systems shall not offer for sale solar PV products, components, and consumer devices without the appropriate safety and health warning labels being affixed.
The solar PV products, components, and consumer devices shall be accompanied by appropriate Safety Datasheets (MSDS) to guide users on safety best practices during installation and maintenance and operations.
These draft rules were gazetted on 31st January 2020 with the public invited to provide comments for the subsequent 40 days. EPRA intends to hold a public participation workshop to discuss the received feedback and provide a platform for further discussions.
EPRA will on Friday, 11th December 2020 conduct a stakeholder consultation workshop on the Draft Regulations to get stakeholders’ input in validating these rules.
This workshop will be both Physical and Virtual.
Interested stakeholders can send their details to participate in the workshop through email: [email protected] on or before Tuesday, 8th December 2020, detailing details.
These include the name of organization or individual, participants and their designations or title as well as email address, cellphone as well as whether they prefer physical or online participation.
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