Sponsored by:
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Co-Sponsored by:
Assemblyman Singh, Assemblywoman Brennan, Assemblyman Bhalla, Assemblywoman Bagolie and Assemblyman Onyema
SYNOPSIS
Exempts certain portable solar generation devices from interconnection, net metering, and other requirements; requires DCA to amend or supplement State Uniform Construction Code concerning use of portable solar generation devices.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning portable solar electric power generation systems and supplementing Title 48 of the Revised Statutes and P.L.1975, c.217 (C.52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Board” means the Board of Public Utilities.
“Electric public utility” means the same as the term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).
“Portable solar generation device” means a moveable photovoltaic generation device that: (1) has a maximum power output of not more than 1,200 watts; (2) is designed to be connected to a building's electrical system through a standard 120-volt alternating current outlet; (3) is intended primarily to offset part of the customer's electricity consumption; (4) meets the standards of the most recent version of the National Electrical Code; and (5) is certified by Underwriters Laboratories or an equivalent nationally recognized testing laboratory.
b. Notwithstanding the provisions of P.L.1999, c.23 (C.48:3-49 et al.), or any other law, rule, regulation, or board order to the contrary, a portable solar generation device shall be exempt from:
(1) any requirement to obtain or execute an interconnection agreement prior to operating the portable solar generation device under P.L.1999, c.23 (C.48:3-49 et al.) or any other law, rule, or regulation; and
(2) net metering program requirements under P.L.1999, c.23 (C.48:3-49 et al.) or any other law, rule, or regulation.
c. An electric public utility shall not require a customer using a portable solar generation device to:
(1) obtain the electric public utility's prior approval before installing or using the device;
(2) pay any fee or charge related to the device; or
(3) install any additional controls or equipment beyond what is integrated into the device.
d. An electric public utility shall not be held liable in a civil action for any damage or injury caused by a customer’s use of a portable solar generation device.
2. a. As used in this section, “portable solar generation device” means the same as the term is defined in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. The Department of Community Affairs shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), a portable solar generation device addendum to, or amendments to revise, the electrical subcode or other appropriate model code adopted pursuant to the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.), for the purpose of establishing adequate and appropriate standards to provide guidance concerning wiring or modification of homes to accommodate the use of commercially available portable solar generation devices. The guidance shall include standards for the use, in New Jersey, of portable solar generation devices designed for use in the United States, and standards for the modification or adaptation of home electrical systems for the use, in New Jersey, of portable solar generation devices that were designed for use in countries other than the United States.
3. Section 1 of this act shall take effect six months after the date of enactment, except that the board may take any anticipatory action in advance of the effective date as is necessary for the implementation of this act. Section 2 of this act shall take effect immediately.
STATEMENT
This bill would exempt portable solar generation devices from certain interconnection, net metering, and other requirements. The bill would also require the Department of Community Affairs (DCA) to adopt certain rules and regulations concerning portable solar generation devices.
The bill would define “portable solar generation device” to mean a device that has a maximum power output of not more than 1,200 watts, is designed to be connected to a building's electrical system through a standard 120-volt alternating current outlet, and that meets additional requirements set forth in subsection a. of section 1 of the bill. The bill would exempt portable solar generation devices from any requirement to obtain or execute interconnection agreement prior to operating the device pursuant to the “Energy Discount and Energy Competition Act,” P.L.1999, c.23 (C.48:3-49 et al.) (EDECA) or any other law. The bill would also exempt devices from net metering program requirements under EDECA or any other law. In addition, the bill would prohibit electric utilities from requiring a customer using a portable solar generation device to: (1) obtain the utility's approval before installing or using the device; (2) pay any fee or charge related to the device; or (3) install any additional controls or equipment beyond what is integrated into the device. The bill would also provide that electric utilities could not be held liable for any damage or injury caused by a customer’s use of a portable solar generation device.
Finally, the bill would require the DCA to adopt a portable solar generation device addendum to, or amendments to revise, the electrical subcode or other model code adopted pursuant to the State Uniform Construction Code Act to provide guidance concerning wiring or modification of homes to accommodate the use of commercially available portable solar generation devices.