HB 2435: Portable Plug-In Solar Generation Device; Installation; Residential Dwellings

A BILL FOR AN ACT

relating to portable plug-in solar generation devices.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that many residents of Hawaii, including renters, condominium residents, and residents of multi-family dwellings, lack access to traditional rooftop photovoltaic systems due to ownership restrictions, structural limitations, or cost barriers.  The legislature further finds that small-scale, portable plug-in solar generation devices have emerged as a safe and cost-effective means to offset on-site electricity consumption when operated within defined limits and equipped with appropriate safety features.  The legislature recognizes that existing electric utility interconnection requirements were developed primarily for permanently installed distributed energy generation systems and may create unnecessary barriers to the use of portable solar devices designed for self-consumption and minimal grid interaction.  The legislature also finds that expanding access to these devices is consistent with the State's policy to achieve a one hundred per cent renewable portfolio standard and to promote distributed renewable energy resources for all customers.

     The purpose of this Act is to expand equitable access to renewable energy by prohibiting binding agreements preventing the installation of a portable plug-in solar generation device on any residential dwelling, subject to certain requirements.

     SECTION 2.  Chapter 196, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

     "§196-     Placement of portable plug-in solar generation devices.  (a)  Notwithstanding any law to the contrary, no person shall be prevented by any covenant, declaration, bylaws, restriction, deed, lease, term, provision, condition, codicil, contract, or similar binding agreement, however worded, from installing a portable plug-in solar generation device on any residential dwelling, including a condominium unit, that the person owns.  Any provision in any lease, instrument, or contract contrary to the intent of this section shall be void.

     (b)  Landlords or condominium associations may impose reasonable restrictions relating to safety, structural integrity, aesthetics, and common property protections; provided that the restrictions do not amount to a blanket prohibition on the use of portable plug-in solar generation devices that otherwise comply with this section and applicable codes.

     (c)  The aggregate rated alternating-current output capacity of all portable plug-in solar generation devices connected to a single electric service shall not exceed one thousand two hundred watts, unless a higher aggregate limit is established for portable plug-in solar generation devices in an electric utility tariff approved by the public utilities commission.

     (d)  A portable plug-in solar generation device shall:

     (1)  Not be considered a distributed energy generation facility or distributed energy resource for purposes of individual electric utility interconnection approval requirements; and

     (2)  Be exempt from any requirement to obtain interconnection approval or enter into an interconnection agreement with an electric utility.

     (e)  A portable plug-in solar generation device shall not be eligible to participate in net energy metering or any successor program or tariff that provides compensation or credit for electricity exported to the electric grid.

     (f)  A portable plug-in solar generation device shall:

     (1)  Include integrated safety features designed to prevent energizing the building's electrical system during a power outage, including anti-islanding functionality;

     (2)  Be listed and labeled by a nationally recognized testing laboratory for the intended application, including, as applicable, listing to nationally recognized standards for grid-interactive inverters or microinverters, such as those published by Underwriters Laboratories or its successors; and

     (3)  Be installed, connected, and used in accordance with the applicable provisions of the National Electrical Code, as adopted by the State and counties, and with applicable state and county building, electrical, and fire codes.

     (g)  An electric utility shall not require a customer to:

     (1)  Obtain advance utility approval before installing or using a portable plug-in solar generation device that complies with this section;

     (2)  Pay a fee specific to the installation or use of a portable plug-in solar generation device; or

     (3)  Install additional external controls, disconnects, or equipment beyond those integrated into the portable plug-in solar generation device as manufactured and listed;

provided that nothing in this subsection shall preclude the public utilities commission from approving reasonable, generally applicable, technology-neutral safety or reporting requirements for portable plug-in solar generation devices that are consistent with this section and do not require individual interconnection review or approval of a customer's device.

     (h)  A customer that installs or uses a portable plug-in solar generation device shall be solely responsible for the safe installation, operation, and maintenance of the device in accordance with this section and applicable codes.  An electric utility shall not be liable for any damage to property or injury to persons arising from the installation, operation, or use of a portable plug-in solar generation device.

     (i)  Nothing in this section shall be construed to:

     (1)  Limit the authority of the public utilities commission to regulate electric utilities generally or to ensure the safety and reliability of the electric system; provided that utility tariffs and interconnection requirements shall conform to this section;

     (2)  Limit the authority of the public utilities commission under this chapter and chapter 269; and

     (3)  Authorize a portable plug-in solar generation device that creates an unreasonable safety hazard, obstructs required building egress, or violates applicable building, electrical, or fire codes.

     (j)  For purposes of this section, "portable plug-in solar generation device" means a movable photovoltaic electric generation device that:

     (1)  Has a rated alternating-current output capacity, as stated on the device's nameplate rating, of no more than one thousand two hundred watts;

     (2)  Is designed to connect to a building's electrical system through a standard one-hundred-twenty-volt alternating-current electrical outlet; and

     (3)  Is used to offset a portion of the electricity consumption of the customer at the premises where the device is used."

     SECTION 3.  The public utilities commission shall review and, if necessary, require revisions to electric utility tariffs, rules, or interconnection requirements to ensure consistency with this Act, including any aggregate capacity provisions applicable to portable plug-in solar generation devices.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

Report Title:

Portable Plug-In Solar Generation Device; Installation; Residential Dwellings

Description:

Prohibits binding agreements preventing the installation of a portable plug-in solar generation device on any residential dwelling, subject to certain requirements.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.