S T A T E O F N E W Y O R K
________________________________________________________________________
8512--B
2025-2026 Regular Sessions
I N S E N A T E
September 24, 2025
___________
Introduced by Sens. KRUEGER, BRISPORT, FAHY, FERNANDEZ, GONZALEZ,
GOUNARDES, HARCKHAM, HINCHEY, JACKSON, MAY, MAYER, SALAZAR, SERRANO --
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
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:
Section 1. Short title. This act shall be known and may be cited as
the "Solar Up Now NY Act".
§ 2. Paragraph (d) of subdivision 1 of section 66-j of the public
service law, as amended by chapter 253 of the laws of 2013, is amended
and a new paragraph (j) is added to subdivision 1 to read as follows:
(d) "Solar electric generating equipment" means a photovoltaic system
(i) (A) in the case of a residential customer (other than a farm utiliz-
ing a residential meter), with a rated capacity of not more than twen-
ty-five kilowatts; (B) in the case of a customer who owns or operates a
farm operation as such term is defined in subdivision eleven of section
three hundred one of the agriculture and markets law utilizing a resi-
dential meter with a rated capacity of not more than one hundred kilo-
watts; and (C) in the case of a non-residential customer, with a rated
capacity of not more than two thousand kilowatts; and (ii) that is manu-
factured, installed, and operated in accordance with applicable govern-
ment and industry standards, that is connected to the electric system
and operated in conjunction with an electric corporation's transmission
and distribution facilities, and that is operated in compliance with any
standards and requirements established under this section. SOLAR ELEC-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13786-07-6
S. 8512--B 2
TRIC GENERATING EQUIPMENT SHALL NOT INCLUDE A PORTABLE SOLAR GENERATION
DEVICE.
(J) "PORTABLE SOLAR GENERATION DEVICE" MEANS A PHOTOVOLTAIC SYSTEM AND
ASSOCIATED EQUIPMENT THAT:
(I) IS DESIGNED TO BE CONNECTED TO A BUILDING'S ELECTRICAL SYSTEM
THROUGH A STANDARD ELECTRICAL OUTLET;
(II) IS LIMITED TO SUPPLYING A MAXIMUM AGGREGATE CONTINUOUS AC INVERT-
ER NAMEPLATE OUTPUT OF NOT MORE THAN ONE THOUSAND TWO HUNDRED WATTS PER
UTILITY ACCOUNT TO THE UTILITY ELECTRIC GRID;
(III) IS LISTED OR CERTIFIED BY UNDERWRITERS LABORATORIES OR ANOTHER
NATIONALLY RECOGNIZED TESTING LABORATORY EITHER: (A) AS A COMPLETE PLUG-
IN PHOTOVOLTAIC SYSTEM TO A STANDARD SUCH AS UL 3700 OR ANY SUCCESSOR OR
EQUIVALENT STANDARD; OR (B) TO A COMBINATION OF STANDARDS THAT TOGETHER
EVALUATE PLUG-IN PHOTOVOLTAIC SYSTEM SAFETY AND UTILITY-INTERACTIVE
INVERTER PERFORMANCE FOR GRID-PARALLEL OPERATION AND ANTI-ISLANDING
PROTECTIONS; AND
(IV) IS INSTALLED AND OPERATED IN ACCORDANCE WITH THE NEW YORK STATE
FIRE PREVENTION AND BUILDING CODE AND MANUFACTURER INSTRUCTIONS.
§ 3. Subdivision 7 of section 66-j of the public service law is renum-
bered subdivision 8 and a new subdivision 7 is added to read as follows:
7. PORTABLE SOLAR GENERATION DEVICE. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, UNLESS THE OWNER OF A PORTABLE SOLAR GENERATION DEVICE
SHALL CHOOSE TO VOLUNTARILY ENTER INTO AN INTERCONNECTION OR NET METER-
ING AGREEMENT:
(A) A PORTABLE SOLAR GENERATION DEVICE SHALL NOT BE SUBJECT TO INTER-
CONNECTION OR NET METERING REQUIREMENTS. ANY ENERGY EXPORTED TO THE
UTILITY ELECTRIC GRID SHALL BE UNCOMPENSATED UNLESS THE CUSTOMER VOLUN-
TARILY ENTERS A NET METERING OR OTHER COMPENSATION AGREEMENT.
(B) AN ELECTRIC CORPORATION MAY NOT REQUIRE A CUSTOMER USING A PORT-
ABLE SOLAR GENERATION DEVICE TO:
(I) OBTAIN THE ELECTRIC CORPORATION'S APPROVAL BEFORE INSTALLING OR
USING THE DEVICE;
(II) PAY ANY FEE OR CHARGE RELATED TO THE DEVICE OR FOR FEEDING ENERGY
BACK INTO THE UTILITY ELECTRIC GRID; OR
(III) INSTALL ANY ADDITIONAL CONTROLS OR EQUIPMENT BEYOND WHAT IS
INTEGRATED INTO THE DEVICE.
(C) AN ELECTRIC CORPORATION SHALL NOT BE LIABLE FOR ANY DAMAGE OR
INJURY CAUSED BY A PORTABLE SOLAR GENERATION DEVICE.
(D) WITHIN THIRTY DAYS OF INSTALLING A PORTABLE SOLAR GENERATION
DEVICE, THE OWNER OF SUCH DEVICE SHALL NOTIFY THE ELECTRIC CORPORATION
SERVING THE BUILDING IN WHICH SUCH DEVICE WILL BE INSTALLED. WITHIN
THIRTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, EVERY ELECTRIC
CORPORATION SHALL DEVELOP AND MAKE AVAILABLE ON THE ELECTRIC CORPO-
RATION'S WEBSITE A SIMPLE NOTIFICATION FORM, WHICH SHALL REQUIRE ONLY
THE FOLLOWING INFORMATION:
(I) THE CUSTOMER'S NAME AND CONTACT INFORMATION;
(II) THE SERVICE ADDRESS AND UTILITY ACCOUNT NUMBER ASSOCIATED WITH
THE ADDRESS AT WHICH THE DEVICE WILL BE INSTALLED;
(III) THE DEVICE MAKE AND MODEL; AND
(IV) THE DEVICE RATED SIZE.
§ 4. Section 378 of the executive law is amended by adding a new
subdivision 21 to read as follows:
21. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS SUBDIVISION, IRRE-
SPECTIVE OF ANY SYSTEM STANDARD ESTABLISHED BY ANY TESTING LABORATORY,
THE STATE UNIFORM FIRE PREVENTION AND BUILDING CODE SHALL BE OPTIMIZED
TO ALLOW FOR PORTABLE SOLAR GENERATION DEVICES, AS DEFINED IN SECTION
S. 8512--B 3
SIXTY-SIX-J OF THE PUBLIC SERVICE LAW, TO BE CONNECTED TO A BUILDING'S
WIRING THROUGH AN ELECTRICAL OUTLET. FOR DEVICES SMALLER THAN A THRESH-
OLD OF NO LESS THAN THREE HUNDRED NINETY-ONE WATTS, THE CODE SHALL NOT
REQUIRE ANY CHANGES TO THE BUILDING'S PREMISES WIRING.
§ 5. This act shall take effect immediately.