BILL NUMBER: S8512A
SPONSOR: KRUEGER
 
TITLE OF BILL:
An act to amend the public service law and the energy 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, and requires such device to be certified by
Underwriters Laboratories or an equivalent testing lab.
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.
Section 4: Requires the State Fire Prevention and Building Code Council,
within one year, to update the Code to optimize for portable solar
generation devices. For devices smaller than 391 Watts, the code shall
not require any changes to a building's wiring.
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 legis-
lation provides a regulatory framework for a nascent industry and
ensures that New York maintains local oversight 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.

Statutes affected:
S8512: 66-j public service law, 66-j(1) public service law
S8512A: 66-j public service law, 66-j(1) public service law, 11-104 energy law