ASSEMBLY BUDGET COMMITTEE

STATEMENT TO

[Second Reprint]

SENATE, No. 2368

with committee amendments

STATE OF NEW JERSEY

DATED:  JUNE 28, 2026

      The Assembly Budget Committee reports favorably and with committee amendments Senate Bill No. 2368 (2R).

      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 restricting a tenant who is responsible for payment of the electric service used within the tenant’s leased premises from utilizing a portable solar generation device or placing it within the rented property, including any leased balcony or patio.  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 tenant’s leased premises.  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 (2R) is identical to Assembly Bill No. 4836 (1R), which was also amended and reported by the committee on this date.

COMMITTEE AMENDMENTS:

      The committee amendments to the bill:

      (1)  stipulate that the prohibition on landlords restricting tenants from placing or utilizing portable solar generation devices applies only to tenants who are responsible for payment of the electric service used within the tenant’s leased premises;

      (2)  clarify that a landlord may impose any restrictions necessary to ensure that a portable solar generation device complies with all applicable product listing provisions, any provisions of the State Uniform Construction Code, or any national Electrical Code provisions; and

      (3)  require tenants to provide written notice to the tenant’s homeowners’ association, condominium association, cooperative housing corporation, other entity governing a planned real estate development or condominium, in addition to the tenant’s landlord, of intent to use a portable solar generation device at least 14 days, rather than seven days, prior to placement.

FISCAL IMPACT:

      This bill is not certified as requiring a fiscal note.