Renewable Energy and Energy Efficiency Regulations (Public Notice)
The Energy Regulatory Commission (ERC) is a single sector regulatory agency established under section 4(1) of the Energy Act, 2006 with the responsibility for economic and technical regulation of electric power, renewable energy and downstream petroleum subsector.
ERC would like to bring to the attention of the public the coming into force of the following regulations:-
- The Energy (Solar Water Heating) Regulations, 2012 on the 4th April 2012 as per the Legal Notice No. 43 of the Kenya Gazette;
- The Energy (Energy Management) Regulations, 2012 on the 4th September 2012 as per legal Notice No. 102 of the Kenya Gazette;
- The Energy (Solar Photovoltaic Systems) Regulations, 2012 on the 4th September 2012 as per legal Notice No. 103 of the Kenya Gazette;
The Energy (Solar Water Heating) Regulations, 2012 require among other things that:-
- All premises within the jurisdiction of local authorities with hot water requirements of a capacity exceeding one hundred litres per day shall install and use solar heating systems;
- Within a period of five years from the effective date of the Regulations, all existing premises with hot water requirements of a capacity exceeding one hundred litres per day shall install and use solar heating systems;
- An owner of premises, Architect and an Engineer engaged in the design, construction, extension or alteration of premises shall incorporate solar water heating systems in all new premises designs and extensions or alterations to existing premises;
- An electric power distributor or supplier shall not provide electricity supply to premises where a solar water heating system has not been installed in accordance with the Regulations;
- The design, installation, repair and maintenance of a Solar Water Heating System shall be in accordance with the Code of Practice – Solar Water Heating for Domestic Hot Water; Kenya Standard KS 1860:2008 and the Building Code made under the Local Government Act;
- The Solar Water Heating Regulations will be implemented in liaison with the local authorities responsible for implementing Section NN31.5 of Planning and Building Regulations, 2009;
- A person shall not undertake any solar water heating system installation work unless the person is licensed by the Energy Regulatory Commission as a solar water heating system technician or a contractor.
The Energy (Energy Management) Regulations, 2012 require among other things that:-
- All designated energy consuming facilities shall carry out energy audits at least once every three years;
- All energy audits will be carried out by an energy auditor licensed by ERC;
- All energy audit reports, Implementation plans and Energy Policies shall be submitted to ERC;
- The designated facilities will be required to implement at least 50% of the energy audit
- recommendations within three years.
The Energy (Solar Photovoltaic Systems) Regulations, 2012 require among other things that:-
- All persons designing and installing solar PV shall be licensed by ERC;
- All manufacturers, vendors, distributors and contractors of solar PV systems shall be licensed by ERC;
- A vendor or contractor shall be responsible for the design and specifications of complete solar PV systems, except in situations where customers purchase individual system components from different vendors in which case the customers shall indicate in the signed system design declaration form that they did not require the said design or specifications from the vendor or contractors;
- All manufacture, sale, installation, use and disposal of solar PV systems and components shall be in accordance with the provisions of the Environmental Management Coordination Act, No 8 of 1999 and the Occupational Safety and Health Act, No 15 of 2007.
Copies of the Regulations may be purchased from the Government Printer or viewed at Energy Regulatory Commission’s website www.erc.go.ke.
The general public is hereby advised to take note that the regulations are in force and to contact ERC for licensing requirements. For more information or clarification contact ERC.
The Director General
- Energy Regulatory Commission
- Eagle Africa Centre, Longonot Road, Upperhill
- P.O. BOX 42681-00100 GPO, NAIROBI
- Telephone: (20) 2847000 / (20) 2847200; 0722 200947 / 0734 414333
- Fax No.: +254 20 2717603
- Email address: email@example.com,
- Website: www.erc.go.ke