S.F. 27 Section 1. Section 105.1, Code 2011, is amended to read as 1 follows: 2 105.1 Title. 3 This chapter may be known and cited as the “Iowa Plumber, 4 Mechanical , Solar Professional, and Contractor Licensing Act” . 5 Sec. 2. Section 105.2, Code 2011, is amended by adding the 6 following new subsections: 7 NEW SUBSECTION . 18. “Solar professional” means a person 8 whose services consist of the installation, alteration, repair, 9 maintenance, relocation, or replacement of a solar system. 10 NEW SUBSECTION . 19. “Solar system” means panels for 11 portable solar heating systems and photovoltaic systems and any 12 appurtenances, apparatus, or equipment used in connection with 13 those systems. 14 Sec. 3. Section 105.3, subsection 1, Code 2011, is amended 15 to read as follows: 16 1. A plumbing , and mechanical , and solar systems board is 17 created within the Iowa department of public health. 18 Sec. 4. Section 105.3, subsection 2, paragraphs a and b, 19 Code 2011, are amended to read as follows: 20 a. The board shall be comprised of eleven twelve members, 21 appointed by the governor, as follows: 22 (1) The director of public health or the director’s 23 designee. 24 (2) The commissioner of public safety or the commissioner’s 25 designee. 26 (3) One plumbing inspector. 27 (4) One mechanical inspector. 28 (5) A contractor who primarily works in rural areas. 29 (6) An individual licensed as a journeyperson plumber 30 pursuant to the provisions of this chapter or, for the initial 31 membership of the board, an individual eligible for such 32 licensure. 33 (7) An individual working as a plumbing contractor and 34 licensed as a master plumber pursuant to the provisions of 35 -1- LSB 1490XS (4) 84 jr/sc 1/ 8

S.F. 27 this chapter or, for the initial membership of the board, an 1 individual eligible for such licensure. 2 (8) Two individuals licensed as journeyperson mechanical 3 professionals pursuant to the provisions of this chapter or, 4 for the initial membership of the board, two individuals 5 eligible for such licensure. 6 (9) Two individuals licensed as master mechanical 7 professionals pursuant to the provisions of this chapter or, 8 for the initial membership of the board, two individuals 9 eligible for such licensure. One of these individuals shall be 10 a mechanical systems contractor. 11 (10) An individual licensed as a solar professional 12 pursuant to the provisions of this chapter or, for the initial 13 appointment, an individual eligible for such licensure. 14 b. The board members enumerated in paragraph a “a” , 15 subparagraphs (3) through (9) (10) , are subject to confirmation 16 by the senate. 17 Sec. 5. Section 105.3, subsection 7, Code 2011, is amended 18 to read as follows: 19 7. The board may maintain a membership in any national 20 organization of state boards for the professions of plumbing, 21 HVAC, refrigeration, or hydronic , or solar professionals, with 22 all membership fees to be paid from funds appropriated to the 23 board. 24 Sec. 6. Section 105.10, subsection 1, Code 2011, is amended 25 to read as follows: 26 1. Except as provided in section 105.11 , a person shall not 27 operate as a contractor or install or repair plumbing, HVAC, 28 refrigeration, or hydronic , or solar systems without obtaining 29 a license issued by the board, or install or repair medical gas 30 piping systems without obtaining a valid certification approved 31 by the board. 32 Sec. 7. Section 105.11, subsections 7 and 10, Code 2011, are 33 amended to read as follows: 34 7. Require a helper engaged in general manual labor 35 -2- LSB 1490XS (4) 84 jr/sc 2/ 8

S.F. 27 activities while providing assistance to an apprentice, 1 journeyperson, or master to obtain a plumbing, HVAC, 2 refrigeration, or hydronic , or solar license. Experience as a 3 helper shall not be considered as practical experience for a 4 journeyperson license. 5 10. Apply to the employees of manufacturers, manufacturer 6 representatives, or wholesale suppliers who provide 7 consultation or develop plans concerning plumbing, HVAC, 8 refrigeration, or hydronic , or solar work, or who assist a 9 person licensed under this chapter in the installation of 10 mechanical , hydronic, solar, or plumbing systems. 11 Sec. 8. Section 105.12, subsection 1, Code 2011, is amended 12 to read as follows: 13 1. A contracting, plumbing, HVAC, refrigeration, or 14 hydronic , or solar license shall be in the form of a 15 certificate under the seal of the department, signed by the 16 director of public health, and shall be issued in the name of 17 the board. The license number shall be noted on the face of the 18 license. 19 Sec. 9. Section 105.15, Code 2011, is amended to read as 20 follows: 21 105.15 Registry of licenses. 22 The name, location, license number, and date of issuance of 23 the license of each person to whom a license has been issued 24 shall be entered in a registry kept in the office of the 25 department to be known as the plumbing, HVAC, refrigeration, or 26 hydronic , or solar registry. The registry may be electronic 27 and shall be open to public inspection; however, the licensee’s 28 home address, home telephone number, and other personal 29 information as determined by rule shall be confidential. 30 Sec. 10. Section 105.16, Code 2011, is amended to read as 31 follows: 32 105.16 Change of residence. 33 If a person licensed to practice as a contractor or 34 a plumbing, HVAC, refrigeration, or hydronic , or solar 35 -3- LSB 1490XS (4) 84 jr/sc 3/ 8

S.F. 27 professional under this chapter changes the person’s residence 1 or place of practice, the person shall so notify the board. 2 Sec. 11. Section 105.17, subsection 1, unnumbered paragraph 3 1, Code 2011, is amended to read as follows: 4 The provisions of this chapter regarding the licensing 5 of plumbing, HVAC, refrigeration, and hydronic , and solar 6 professionals and contractors shall supersede and preempt all 7 plumbing, HVAC, refrigeration, hydronic, solar, and contracting 8 licensing provisions of all governmental subdivisions. 9 Sec. 12. Section 105.17, subsection 1, paragraph b, Code 10 2011, is amended to read as follows: 11 b. On and after July 1, 2008, a governmental subdivision 12 shall not prohibit a contractor or a plumbing, HVAC, 13 refrigeration, solar, or hydronic professional licensed 14 pursuant to this chapter from performing services for which 15 that person is licensed pursuant to this chapter or enforce any 16 plumbing and mechanical licensing provisions promulgated by the 17 governmental subdivision against a person licensed pursuant to 18 this chapter . 19 Sec. 13. Section 105.18, Code 2011, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 2A. Solar professional and contractor 22 licenses. The board shall issue separate licenses for solar 23 professionals and for contractors as follows: 24 a. Solar professional. In order to be licensed by the 25 board as a solar professional, a person shall do all of the 26 following: 27 (1) File an application and pay application fees as 28 established by the board, which application shall establish 29 that the person meets the minimum educational and experience 30 requirements adopted by the board in rule. 31 (2) Pass a licensing examination. 32 b. Contractor license. In order to be licensed by the board 33 as a contractor, a person shall do all of the following: 34 (1) File an application and pay application fees as 35 -4- LSB 1490XS (4) 84 jr/sc 4/ 8

S.F. 27 established by the board, which application shall provide the 1 person’s state contractor registration number and establish 2 that the person meets the minimum requirements adopted by the 3 board. 4 (2) Maintain a permanent place of business. 5 (3) Hold a solar professional license or employ at least one 6 person holding a solar professional license under this chapter. 7 Sec. 14. Section 105.18, subsection 3, paragraph b, Code 8 2011, is amended to read as follows: 9 b. Special, restricted license. The board may by rule 10 provide for the issuance of special plumbing , and mechanical , 11 hydronic, and solar professional licenses authorizing the 12 licensee to engage in a limited class or classes of plumbing , 13 or mechanical , hydronic, or solar professional work, which 14 class or classes shall be specified on the license. Each 15 licensee shall have experience, acceptable to the board, in 16 each such limited class for which the person is licensed. The 17 board shall designate each special, restricted license to be 18 a sublicense of either a plumbing, HVAC, refrigeration, or 19 hydronic , or solar license. An individual holding a master 20 or journeyperson, plumbing, HVAC, refrigeration, or hydronic , 21 or solar license shall not be required to obtain any special, 22 restricted license which is a sublicense of the license 23 that the individual holds. Special plumbing and mechanical 24 professional licenses shall be issued to employees of a 25 rate-regulated gas or electric public utility who conduct the 26 repair of appliances. “Repair of appliances” means the repair 27 or replacement of mechanical connections between the appliance 28 shutoff valve and the appliance and repair of or replacement 29 of parts to the appliance. Such special, restricted license 30 shall require certification pursuant to industry-accredited 31 certification standards. 32 Sec. 15. Section 105.19, subsection 2, Code 2011, is amended 33 to read as follows: 34 2. If the applicant is engaged in plumbing, HVAC, 35 -5- LSB 1490XS (4) 84 jr/sc 5/ 8

S.F. 27 refrigeration, or hydronic , or solar work individually through 1 a business conducted as a sole proprietorship, the applicant 2 shall personally obtain the insurance and surety bond required 3 by this section . If the applicant is engaged in the plumbing, 4 HVAC, refrigeration, or hydronic , or solar business as an 5 employee or owner of a legal entity, then the insurance and 6 surety bond required by this section shall be obtained by the 7 entity and shall cover all plumbing or mechanical , or solar 8 work performed by the entity. 9 Sec. 16. Section 105.21, Code 2011, is amended to read as 10 follows: 11 105.21 Reciprocal licenses. 12 The board may license without examination a nonresident 13 applicant who is licensed under plumbing, HVAC, refrigeration, 14 or hydronic , or solar professional licensing statutes of 15 another state having similar licensing requirements as 16 those set forth in this chapter and the rules adopted under 17 this chapter if the other state grants the same reciprocal 18 licensing privileges to residents of Iowa who have obtained 19 Iowa plumbing , or mechanical , or solar professional licenses 20 under this chapter . The board shall adopt the necessary rules, 21 not inconsistent with the law, for carrying out the reciprocal 22 relations with other states which are authorized by this 23 chapter . 24 Sec. 17. Section 105.22, unnumbered paragraph 1, Code 2011, 25 is amended to read as follows: 26 A license to practice as a contractor or as a plumbing, 27 HVAC, refrigeration, or hydronic , or solar professional may be 28 revoked or suspended, or an application for licensure may be 29 denied pursuant to procedures established pursuant to chapter 30 272C by the board, or the licensee may be otherwise disciplined 31 in accordance with that chapter, when the licensee commits any 32 of the following acts or offenses: 33 Sec. 18. Section 105.22, subsection 8, Code 2011, is amended 34 to read as follows: 35 -6- LSB 1490XS (4) 84 jr/sc 6/ 8

S.F. 27 8. Aiding and abetting a person who is not licensed pursuant 1 to this chapter in that person’s pursuit of an unauthorized and 2 unlicensed plumbing, HVAC, refrigeration, or hydronic , or solar 3 professional practice. 4 Sec. 19. Section 105.25, subsections 1 and 3, Code 2011, are 5 amended to read as follows: 6 1. Only a person who is duly licensed pursuant to this 7 chapter may advertise the fact that the person is licensed as 8 a contractor or as a plumbing, HVAC, refrigeration, solar, or 9 hydronic professional by the state of Iowa. 10 3. A person who fraudulently claims to be a licensed 11 contractor or a licensed plumbing, HVAC, refrigeration, solar, 12 or hydronic professional pursuant to this chapter , either in 13 writing, cards, signs, circulars, advertisements, or other 14 communications, is guilty of a simple misdemeanor. 15 Sec. 20. Section 272C.1, subsection 6, paragraph ae, Code 16 2011, is amended to read as follows: 17 ae. The plumbing , and mechanical , and solar systems board, 18 created pursuant to chapter 105 . 19 EXPLANATION 20 Iowa law (Code chapter 105) currently licenses persons 21 who design, install, and repair the HVAC, refrigeration, or 22 hydronic systems, or serve as contractors of such systems. 23 Licenses are available either individually or in combination. 24 The profession is regulated by a licensing board under the 25 aegis of the department of public health. 26 This bill adds licenses for solar professionals and 27 contractors to Code chapter 105. A solar professional is a 28 person who installs, alters, repairs, maintains, relocates, 29 or replaces a solar heating or photovoltaic system and any 30 apparatus or equipment used in connection with the system. The 31 bill adds to the membership of the licensing board one person 32 who is a solar professional. 33 Unlike plumbing, HVAC, refrigeration, and hydronic 34 licenses, licensure as a solar professional is not broken into 35 -7- LSB 1490XS (4) 84 jr/sc 7/ 8

S.F. 27 apprentice, journeyperson, or master categories. Licensure as 1 a solar professional requires that the applicant: 2 1) Pay application fees as established by the board. 3 2) Meet the minimum educational and experience requirements 4 adopted by the board in rule. 5 3) Pass a licensing examination. 6 Licensure as a solar contractor requires that the applicant: 7 1) Pay application fees as established by the board. 8 2) Provide the applicant’s state contractor registration 9 number and meet the minimum requirements adopted by the board. 10 3) Maintain a permanent place of business. 11 4) Hold a solar professional license or employ at least one 12 person holding a solar professional license under Code chapter 13 105. 14 In keeping with the current licensing scheme, solar 15 professional and contractor licenses may be obtained 16 individually or in combination with HVAC, refrigeration, or 17 hydronic systems licenses. 18 Currently, a violation of Code chapter 105 is a simple 19 misdemeanor. A simple misdemeanor is punishable by confinement 20 for no more than 30 days or a fine of at least $65 but not more 21 than $625 or both. In addition, the board may impose a civil 22 penalty not to exceed $5,000 per offense for certain violations 23 of Code chapter 105. 24 -8- LSB 1490XS (4) 84 jr/sc 8/ 8