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S08512 Summary:

BILL NOS08512C
 
SAME ASSAME AS A09111-C
 
SPONSORKRUEGER
 
COSPNSRBRISPORT, BROUK, COMRIE, FAHY, FERNANDEZ, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, JACKSON, KAVANAGH, LIU, MAY, MAYER, MYRIE, SALAZAR, SANDERS, SERRANO, SKOUFIS
 
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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S08512 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8512--C
            Cal. No. 698
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                   September 24, 2025
                                       ___________
 
        Introduced  by  Sens. KRUEGER, BRISPORT, BROUK, COMRIE, FAHY, FERNANDEZ,
          GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, JACKSON, KAVANAGH,  LIU,  MAY,
          MAYER,  MYRIE,  SALAZAR,  SANDERS,  SERRANO, SKOUFIS -- read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Rules  --  committee  discharged,  bill  amended, ordered reprinted as
          amended and recommitted  to  said  committee  --  recommitted  to  the
          Committee  on  Energy and Telecommunications in accordance with Senate
          Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
          reprinted  as  amended  and recommitted to said committee -- committee
          discharged and said bill  committed  to  the  Committee  on  Rules  --
          reported  favorably  from  said committee, ordered to a third reading,
          passed by Senate and delivered to the Assembly, recalled, vote  recon-
          sidered,  restored  to  third  reading, amended and ordered reprinted,
          retaining its place in the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13786-12-6

        S. 8512--C                          2
 
     1  capacity of not more than two thousand kilowatts; and (ii) that is manu-
     2  factured, installed, and operated in accordance with applicable  govern-
     3  ment  and  industry  standards, that is connected to the electric system
     4  and  operated in conjunction with an electric corporation's transmission
     5  and distribution facilities, and that is operated in compliance with any
     6  standards and requirements established under this section.  Solar  elec-
     7  tric  generating equipment shall not include a portable solar generation
     8  device.
     9    (j) "Portable solar generation device" means a photovoltaic system and
    10  associated equipment that:
    11    (i) is designed to be connected  to  a  building's  electrical  system
    12  through a standard electrical outlet;
    13    (ii) is limited to supplying a maximum aggregate continuous AC invert-
    14  er  nameplate  output of not more than one thousand two hundred watts to
    15  the utility electric grid;
    16    (iii) is listed or certified by an  accredited  nationally  recognized
    17  testing laboratory as a complete plug-in photovoltaic system to a stand-
    18  ard;
    19    (iv)  is  installed and operated in accordance with the New York state
    20  fire prevention and building code and manufacturer instructions; and
    21    (v) includes a mechanism or feature  that  prevents  the  system  from
    22  injuriously  energizing  the  building's  electrical system or the local
    23  electric grid, during an electrical service outage or maintenance-relat-
    24  ed service interruption.
    25    § 3. Subdivision 7 of section 66-j of the public service law is renum-
    26  bered subdivision 8 and a new subdivision 7 is added to read as follows:
    27    7. Portable solar generation device.  Unless the owner of  a  portable
    28  solar generation device shall choose to voluntarily enter into an inter-
    29  connection or net metering agreement pursuant to this section:
    30    (a)  A portable solar generation device shall not be subject to inter-
    31  connection or net metering requirements.  Any  energy  exported  to  the
    32  utility  electric grid shall be uncompensated unless the customer volun-
    33  tarily enters a net metering or other compensation agreement.
    34    (b) An electric corporation shall not require a customer using a port-
    35  able solar generation device to:
    36    (i) obtain the electric corporation's approval  before  installing  or
    37  using the device;
    38    (ii) pay any fee or charge related to the device or for feeding energy
    39  back into the utility electric grid; or
    40    (iii)  install  any  additional  controls  or equipment beyond what is
    41  integrated into the device.
    42    (c) An electric corporation shall not be  liable  for  any  damage  or
    43  injury  caused  by  a portable solar generation device to the extent the
    44  electric corporation would not otherwise be liable under the law.
    45    (d) Within thirty days  of  installing  a  portable  solar  generation
    46  device,  the  owner of such device shall notify the electric corporation
    47  serving the building in which such  device  will  be  installed.  Within
    48  thirty  days  of  the effective date of this subdivision, every electric
    49  corporation shall develop and make  available  on  the  electric  corpo-
    50  ration's  website  a  simple notification form, which shall require only
    51  the following information:
    52    (i) the customer's name and contact information;
    53    (ii) the service address and utility account  number  associated  with
    54  the address at which the device will be installed;
    55    (iii) the device make and model; and
    56    (iv) the device rated size.

        S. 8512--C                          3
 
     1    §  4.  Section  378  of  the  executive law is amended by adding a new
     2  subdivision 21 to read as follows:
     3    21. When adopting a new code after the effective date of this subdivi-
     4  sion, the state uniform fire prevention and building code shall be opti-
     5  mized  to  allow  for  portable  solar generation devices, as defined in
     6  section sixty-six-j of the public service law,  to  be  connected  to  a
     7  building's wiring through an electrical outlet.
     8    §  5.  This  act shall take effect on the ninetieth day after it shall
     9  have become a law.
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