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A09111 Summary:

BILL NOA09111B
 
SAME ASNo Same As
 
SPONSORGallagher
 
COSPNSRKelles, Tapia, Valdez, Shrestha, Schiavoni, Levenberg, Carroll R, Simon, Forrest, Rosenthal, Lasher, Raga, Mitaynes, Shimsky, Cunningham, Seawright, Bores, Steck, Colton, Glick, Moreno, Reyes, Taylor, Ramos
 
MLTSPNSR
 
Amd §66-j, Pub Serv L; amd §378, Exec 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--B
 
                               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,  MITAYNES, SHIMSKY, CUNNINGHAM, SEAWRIGHT, BORES, STECK, COLTON,
          GLICK, MORENO, REYES, TAYLOR, RAMOS -- read once and referred  to  the
          Committee  on  Energy  --  committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee --  recommitted
          to  the Committee on Energy in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee
 
        AN  ACT  to  amend  the  public  service  law  and the executive 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13786-08-6

        A. 9111--B                          2
 
     1  standards and requirements established under this section.  Solar  elec-
     2  tric  generating equipment shall not include a portable solar generation
     3  device.
     4    (j) "Portable solar generation device" means a photovoltaic system and
     5  associated equipment that:
     6    (i)  is  designed  to  be  connected to a building's electrical system
     7  through a standard electrical outlet;
     8    (ii) is limited to supplying a maximum aggregate continuous AC invert-
     9  er nameplate output of not more than one thousand two hundred watts  per
    10  utility account to the utility electric grid;
    11    (iii)  is  listed or certified by underwriters laboratories or another
    12  nationally recognized testing laboratory either: (A) as a complete plug-
    13  in photovoltaic system to a standard such as UL 3700 or any successor or
    14  equivalent standard; or (B) to a combination of standards that  together
    15  evaluate  plug-in  photovoltaic  system  safety  and utility-interactive
    16  inverter performance  for  grid-parallel  operation  and  anti-islanding
    17  protections; and
    18    (iv)  is  installed and operated in accordance with the New York state
    19  fire prevention and building code and manufacturer instructions.
    20    § 3. Subdivision 7 of section 66-j of the public service law is renum-
    21  bered subdivision 8 and a new subdivision 7 is added to read as follows:
    22    7. Portable  solar  generation  device.    Notwithstanding  any  other
    23  provision of law, unless the owner of a portable solar generation device
    24  shall  choose to voluntarily enter into an interconnection or net meter-
    25  ing agreement:
    26    (a) A portable solar generation device shall not be subject to  inter-
    27  connection  or  net  metering  requirements.  Any energy exported to the
    28  utility electric grid shall be uncompensated unless the customer  volun-
    29  tarily enters a net metering or other compensation agreement.
    30    (b)  An  electric corporation may not require a customer using a port-
    31  able solar generation device to:
    32    (i) obtain the electric corporation's approval  before  installing  or
    33  using the device;
    34    (ii) pay any fee or charge related to the device or for feeding energy
    35  back into the utility electric grid; or
    36    (iii)  install  any  additional  controls  or equipment beyond what is
    37  integrated into the device.
    38    (c) An electric corporation shall not be  liable  for  any  damage  or
    39  injury caused by a portable solar generation device.
    40    (d)  Within  thirty  days  of  installing  a portable solar generation
    41  device, the owner of such device shall notify the  electric  corporation
    42  serving  the  building  in  which  such device will be installed. Within
    43  thirty days of the effective date of this  subdivision,  every  electric
    44  corporation  shall  develop  and  make  available on the electric corpo-
    45  ration's website a simple notification form, which  shall  require  only
    46  the following information:
    47    (i) the customer's name and contact information;
    48    (ii)  the  service  address and utility account number associated with
    49  the address at which the device will be installed;
    50    (iii) the device make and model; and
    51    (iv) the device rated size.
    52    § 4. Section 378 of the executive law  is  amended  by  adding  a  new
    53  subdivision 21 to read as follows:
    54    21.  Within  one year of the effective date of this subdivision, irre-
    55  spective of any system standard established by any  testing  laboratory,
    56  the  state  uniform fire prevention and building code shall be optimized

        A. 9111--B                          3
 
     1  to allow for portable solar generation devices, as  defined  in  section
     2  sixty-six-j  of  the public service law, to be connected to a building's
     3  wiring through an electrical outlet. For devices smaller than a  thresh-
     4  old  of  no less than three hundred ninety-one watts, the code shall not
     5  require any changes to the building's premises wiring.
     6    § 5. This act shall take effect immediately.
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