"Garden State Balcony Solar Act"; exempts portable solar generation devices from certain requirements, and requires certain entities to allow use and installation of portable solar generation devices.*
What changed between versions
The bill is now named the 'Garden State Balcony Solar Act' and supplements Titles 40 (municipal), 46 (condominiums), and 48 (utilities) instead of only Title 48 and P.L.1975, c.217.
New section preempts municipalities from prohibiting portable solar devices on residential property and bars them from requiring any permit, application, fee, license, or other approval for placement or use (though building modifications and electrical work remain subject to applicable codes).
The definition of 'portable solar generation device' was expanded to include 'associated equipment,' requires the device be located on the customer's side of the electrical meter, replaces the general NEC certification requirement with a specific reference to UL Standard No. 3700 (or comparable standard), and adds a new requirement that the device include a feature preventing power export to the grid during outages.
New section requires portable solar devices to comply with product listing and NEC/State UCC installation provisions, but exempts devices with 400 watts or less output from any provision requiring alterations to building premises, wiring, or electrical panels. All devices must also comply with 2029 NEC provisions once incorporated into the State UCC.
New section caps the combined maximum power output of all portable solar generation devices at a single service address (or single dwelling unit in multi-family housing) at 1,200 watts unless an interconnection agreement is obtained.
New section allows landlords and HOAs to require tenants or unit owners to indemnify them for claims arising from negligent installation, maintenance, or use of the device by the occupant or their contractor.
The original Section 2, which required the Department of Community Affairs to adopt rules and regulations concerning portable solar generation devices under the State Uniform Construction Code Act, was deleted entirely.
Utility liability protection was expanded to cover not just damage or injury from a customer's use, but also overvoltage, power quality, and power flow issues caused by one or more devices, including the combined impact of multiple devices used by different customers in proximity to one another.
New section prohibits landlords from barring tenants from using portable solar devices on the exterior of leased premises (balcony, patio, exterior walls). Landlords may set reasonable restrictions on dimensions and placement. Tenants must give 7 days written notice with documentation that the device meets requirements.
New section prohibits homeowners associations, condominium associations, cooperatives, and planned real estate development governing entities from enforcing any provision of their governing documents that prohibits portable solar devices on a unit owner's or tenant's exterior premises. Inconsistent provisions are void and unenforceable.
The effective date provision was simplified: the entire act now takes effect six months after enactment (with the board allowed to take anticipatory action), replacing the prior split where Section 1 took effect in six months and Section 2 took effect immediately.
