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A09111 Summary:

BILL NOA09111A
 
SAME ASSAME AS S08512-A
 
SPONSORGallagher
 
COSPNSRKelles, Tapia, Valdez, Shrestha, Schiavoni, Levenberg, Carroll R, Simon, Forrest, Rosenthal, Lasher, Raga
 
MLTSPNSR
 
Amd §66-j, Pub Serv L; amd §11-104, Energy L
 
Defines "portable solar generation device"; exempts portable solar generation devices from interconnection or net metering requirements; requires the state energy conservation construction code to allow for portable solar generation devices to be connected to a building's wiring through an electrical outlet.
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A09111 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9111--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                   September 26, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  GALLAGHER,  KELLES, TAPIA, VALDEZ, SHRESTHA,
          SCHIAVONI, LEVENBERG, R. CARROLL, SIMON, FORREST,  ROSENTHAL,  LASHER,
          RAGA -- read once and referred to the Committee on Energy -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to amend the public service law and the energy law, in relation
          to portable solar generation devices
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.   Short title. This act shall be known and may be cited as
     2  the "Solar Up Now NY Act".
     3    § 2. Paragraph (d) of subdivision 1 of  section  66-j  of  the  public
     4  service  law,  as amended by chapter 253 of the laws of 2013, is amended
     5  and a new paragraph (j) is added to subdivision 1 to read as follows:
     6    (d) "Solar electric generating equipment" means a photovoltaic  system
     7  (i) (A) in the case of a residential customer (other than a farm utiliz-
     8  ing  a  residential meter), with a rated capacity of not more than twen-
     9  ty-five kilowatts; (B) in the case of a customer who owns or operates  a
    10  farm  operation as such term is defined in subdivision eleven of section
    11  three hundred one of the agriculture and markets law utilizing  a  resi-
    12  dential  meter  with a rated capacity of not more than one hundred kilo-
    13  watts; and (C) in the case of a non-residential customer, with  a  rated
    14  capacity of not more than two thousand kilowatts; and (ii) that is manu-
    15  factured,  installed, and operated in accordance with applicable govern-
    16  ment and industry standards, that is connected to  the  electric  system
    17  and  operated in conjunction with an electric corporation's transmission
    18  and distribution facilities, and that is operated in compliance with any
    19  standards and requirements established under this section.  Solar  elec-
    20  tric  generating equipment shall not include a portable solar generation
    21  device.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13786-06-5

        A. 9111--A                          2
 
     1    (j) "Portable solar generation device" means a photovoltaic system and
     2  associated equipment that:
     3    (i)  is  designed  to  be  connected to a building's electrical system
     4  through a standard electrical outlet;
     5    (ii) is limited to supplying a maximum power output of not  more  than
     6  one thousand two hundred watts to the utility electric grid; and
     7    (iii)  is  certified  by  underwriters  laboratories  or an equivalent
     8  nationally recognized testing laboratory.
     9    § 3. Subdivision 7 of section 66-j of the public service law is renum-
    10  bered subdivision 8 and a new subdivision 7 is added to read as follows:
    11    7. Portable  solar  generation  device.    Notwithstanding  any  other
    12  provision of law, unless the owner of a portable solar generation device
    13  shall  choose to voluntarily enter into an interconnection or net meter-
    14  ing agreement:
    15    (a) A portable solar generation device shall not be subject to  inter-
    16  connection or net metering requirements.
    17    (b)  An  electric corporation may not require a customer using a port-
    18  able solar generation device to:
    19    (i) obtain the electric corporation's approval  before  installing  or
    20  using the device;
    21    (ii) pay any fee or charge related to the device or for feeding energy
    22  back into the utility electric grid; or
    23    (iii)  install  any  additional  controls  or equipment beyond what is
    24  integrated into the device.
    25    (c) An electric corporation shall not be  liable  for  any  damage  or
    26  injury caused by a portable solar generation device.
    27    §  4.  Section  11-104  of  the  energy law is amended by adding a new
    28  subdivision 10 to read as follows:
    29    10. Within one year of the effective date of this  subdivision,  irre-
    30  spective  of  any system standard established by any testing laboratory,
    31  the code shall be optimized  to  allow  for  portable  solar  generation
    32  devices, as defined in section sixty-six-j of the public service law, to
    33  be  connected  to  a building's wiring through an electrical outlet. For
    34  devices smaller than a threshold of no less than three  hundred  ninety-
    35  one  watts,  the  code  shall  not require any changes to the building's
    36  premises wiring.
    37    § 5. This act shall take effect immediately.
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