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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9111C
SPONSOR: Gallagher TITLE OF BILL:
An act to amend the public service law and the executive law, in
relation to portable solar generation devices
PURPOSE OR GENERAL IDEA OF BILL:
The SUNNY Act aims to remove regulatory barriers preventing the use of
small plug-in solar devices in residential and commercial buildings,
creating a new category for portable plug-in solar generation devices
for outside use. These devices expand equitable access for New Yorkers
to participate in the solar economy, particularly benefiting those who
may be renters or have the ability to install rooftop systems.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Names the bill the Solar Up Now NY Act
Section 2: Amends Section 66-j of the Public Service Law. Defines "port-
able solar generation device," and exempts such device from the defi-
nition of "solar electric generating equipment." Additionally, limits
such device to supplying a maximum power output of no more than 1,200 W
back to the electric grid, requires such device to be certified by an
accredited nationally recognized testing laboratory, requires such
device to be installed and operated in accordance with the NYS Fire
Prevention and Building Code and manufacturer instructions, and requires
such device to include a mechanism that prevents the system from injuri-
ously energizing the building's electrical system or the local grid
during an outage.
Section 3: Amends Section 66-j of the Public Service Law. Exempts port-
able solar generation devices from utility interconnection and net
metering requirements, as well as certain additional requirements that
utilities may apply. Protects utilities from liability for any damage
caused by a portable solar generation device for which the utility would
not otherwise be liable. Requires anyone installing a device to notify
their electric utility through a simple online form on the utility's
website.
Section 4: Requires the State Fire Prevention and Building Code Council
to update the Code to optimize for portable solar generation devices.
Section 5 is the effective date.
JUSTIFICATION:
To confront the affordability crisis as well as achieve New York's clean
energy agenda and longterm climate goals, the state must use every tool
available to address rising energy costs, remove bureaucratic barriers,
help mitigate the impact of the abrupt repeal of the federal solar tax
credits, and strengthen existing state solar programs. Per the State's
obligations under the Climate Leadership and Community Protection Act
(CLCPA), New York has excelled in utilizing solar power, but has strug-
gled in meeting emissions reductions, offshore wind, and renewable ener-
gy storage goals. Plug-in solar devices offer an opportunity for New
York to continue expanding on the progress made towards a sustainable
future, offering residents guaranteed utility bill savings with minimal
upfront costs and without the need for burdensome permitting processes.
These devices help democratize energy production and expand access for
New Yorkers who may not own a home but have an outdoor space suitable
for use, enabling participation in the solar economy in a cost-effective
manner. Widespread adoption of plug-in solar devices could also reduce
overall costs for the electric grid, decreasing demand on the grid and
reducing the need for additional capacity investments, which will save
all ratepayers money.
Plug-in solar devices are not currently regulated in New York, prevent-
ing their adoption, while Utah leads the nation on expanding access to
this technology. As these devices become more popular across the United
States, adoption in the state is expected to grow significantly. Estab-
lishing clear guidelines now will ensure that products meet national
safety and performance standards, protect consumers, and promote respon-
sible expansion of this technology.
State-level leadership is urgently needed to deliver cost savings to
residents, accelerate clean energy adoption, and expand equitable access
to affordable power. This legislation provides a regulatory framework
for a nascent industry and ensures that New York maintains local over-
sight while advancing its affordability, clean energy, and climate
commitments.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This bill is effective immediately.
