ASSEMBLY STATE AND LOCAL GOVERNMENT COMMITTEE
STATEMENT TO
[First Reprint]
SENATE, No. 2368
with committee amendments
STATE OF NEW JERSEY
DATED: JUNE 23, 2026
The Assembly State and Local Government Committee reports favorably and with committee amendments Senate Bill No. 2368 1R.
As amended and reported, this bill, to be known as the “Garden State Balcony Solar Act,” would exempt portable solar generation devices from certain interconnection, net metering, and other requirements. The bill would also require landlords, homeowners’ associations and other similar entities, and municipalities to allow the placement and use of portable solar generation devices.
As used in the bill, “portable solar generation device” means a moveable photovoltaic generation device and associated equipment 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 located on the customer’s side of the electrical meter and is intended primarily to offset part of the customer’s electricity consumption; and (4) meets certain other requirements enumerated in subsection a. of section 1 of the bill.
Under the bill, portable solar generation devices would be exempted from: any requirement to obtain or execute an interconnection agreement prior to operating the device pursuant to the “Electric Discount and Energy Competition Act,” P.L.1999, c.23 (C.48:3-49 et al.) (EDECA), or any other law; and from net metering program requirements under EDECA or any other law. In addition, the bill would prohibit electric public 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 also provides that electric public utilities would not to be held liable for certain damages, injuries, and electrical problems caused by the use of portable solar generation devices. Additionally, the bill would require portable solar generation devices to comply with certain installation requirements prescribed in the National Electrical Code and the State Uniform Construction Code. The bill would also establish certain maximum output limits on portable solar generation devices operated by a single dwelling unit or single family home.
The bill would also prohibit landlords from prohibiting a tenant from utilizing a portable solar generation device or placing it on the exterior of the rented property. The bill would allow for landlords to establish reasonable restrictions concerning the physical dimension, placement, or manner of placement of a portable solar generation device on the leased premises of the tenant’s accessible exterior. Similarly, the bill would prohibit a homeowners’ association, condominium association, cooperative housing corporation, other entity governing a planned real estate development, as defined in section 3 of P.L.1977, c.419 (C.45:22A-23), or condominium, as defined in section 3 of P.L.1969, c.257 (C.46:8B-3), from enforcing any provision of a master deed, declaration, bylaw, rule, regulation, or other governing document that prohibits a unit owner or tenant from utilizing a portable solar generation device or placing a portable solar generation device on the exterior of the unit owner’s or tenant’s premises.
Finally, the bill would require municipalities to allow the use of portable solar generation devices on residential properties. The bill would also prohibit municipalities from requiring a permit, application, fee, license, or other approval for the placement or use of a portable solar generation device.
As amended and reported by the committee, Senate Bill No. 2368 1R is identical to Assembly Bill No. 4836, which was also amended and reported by the committee on this date.
COMMITTEE AMENDMENTS:
The committee amendments to the bill:
(1) add a short title to the bill;
(2) modify the definition of “portable solar generation device”;
(3) clarify the provisions of the bill that provide immunity from liability for electric public utilities with respect to the use of portable solar generation devices;
(4) add provisions requiring portable solar generation devices to comply with certain installation requirements;
(5) require customers who operate portable solar generation devices that generate 1,200 watts or more to obtain an interconnection agreement with their utility;
(6) remove a section of the bill, which would have required the DCA to adopt an addendum to the State Uniform Construction Code concerning portable solar generation devices;
(7) add a section to the bill, which prohibits landlords, homeowners’ associations, condominiums associations, and similar entities from prohibiting the use and placement of portable solar generation devices;
(8) add a section to the bill, which provides that municipalities may not prohibit the use of portable solar generation devices, and may not require a permit, application, fee, license, or other approval for their placement or use;
(9) modify the bill’s effective date so that the entire bill would take effect six months after the date of enactment, rather than section 1 of the bill only; and
(10) make technical and clarifying changes.