Read the full stored bill text
Legislation Document
SPONSOR:
Sen. Hansen & Rep. Burns & Rep. Heffernan
Sens. Cruce, Hoffner, Pinkney, Sokola; Reps. Lambert, Morrison, Romer
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 270
AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO PORTABLE SOLAR GENERATION DEVICES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Title 26 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 1022. Portable Solar Generation Devices.
(a) For purposes of this section:
(1) "Net metering" means the program for net energy metering provided for in §1014 of this chapter.
(2) "Portable solar generation device" means a moveable photovoltaic generation device that:
a. Has a total maximum power output per utility meter of not more than 800 watts.
b. Is designed to be connected to a building's electrical system through a standard 120-volt alternating current outlet.
c. Is intended primarily to offset part of the customer's electricity consumption.
d. Meets the standards of the most recent version of the National Electrical Code
, as adopted by the Office of the State Fire Marshal.
e. Is certified by Underwriters Laboratories or an equivalent nationally recognized testing laboratory.
(b) (1) A portable solar generation device that meets the requirements of this section:
a. Is exempt from all of the following, unless the customer intends to engage in net metering:
1. Any interconnection requirements in this chapter.
2. Requirements to enter into an interconnection agreement under this chapter.
3. Any net metering program requirements under this chapter.
(2) A portable solar generation device shall include a mechanism or feature designed, tested, and certified to UL 1741, or its successor, that prevents the device from energizing the building’s electrical system during a power outage.
The portable solar generation device must be installed and operated in accordance with the latest revision of IEEE 1547, as amended.
(3) An electrical distribution company:
a. May not require a customer using a portable solar generation device to do any of the following:
1. Obtain the electrical distribution company’s approval before installing or using the portable solar generation device.
2. Pay any fee or charge related to the portable solar generation device, except for charges related to interconnection requirements for the purposes of net metering.
3. Install any additional controls or equipment beyond what is integrated into the portable solar generation device, except for controls or equipment related to interconnection requirements for the purposes of net metering.
b. Is not liable for any damage or injury caused by a portable solar generation device.
c. Shall establish and make available to customers an online registration form for customers to register portable solar generation devices that meet the provisions of this section on or before January 15, 2027. Customers with portable solar generation devices in service prior to January 15, 2027, must register their devices within 30 days of the activation of the online registration system to ensure utility compliance with this paragraph.
d. Shall take all necessary steps to prevent customers who register a portable solar generation device with the utility from being charged for any excess customer-generated electricity, including informing such customers about the availability of net metering, and may require the net metering of any portable solar generation device producing excess generation more than three times in any twelve-month period. However, no utility shall charge a customer using a portable solar generation device to install equipment and enroll in net metering in excess of $75.
Section 2. The Delaware Sustainable Energy Utility is directed to perform a safety study of portable solar generation devices and provide a report to the General Assembly, the Governor, the Director and the Librarian of the Division of Legislative Services, and the Delaware Public Archives with findings and recommendations for future expansion of these systems in Delaware by January 1, 2027.
SYNOPSIS
This bill makes provision for solar generation of electricity through small portable solar generation devices. The bill defines the term “portable solar generation device" and provides that such devices a) may have a maximum power output per meter of not more than 800 watts; b) are designed to be connected to a building’s electrical system through a standard 120-volt alternating current outlet; c) are intended primarily to offset part of the customer’s electricity consumption; and d) meet the standards of the National Electrical Code, as adopted by the State Fire Marshal.
Portable solar generation devices that meet the requirements of the new section are exempt from any interconnection requirements in Title 26 of the Delaware Code, Chapter 10, unless the customer intends to engage in net metering. The portable solar generation devices must be installed and operated in accordance with the latest revision of IEEE (Institute of Electrical and Electronics Engineers) 1547, which is the primary standard governing the interconnection and interoperability of distributed energy resources.
The bill provides that an electric distribution company can not require a customer to obtain its approval before installing or using a portable solar generation device. The bill requires an electric distribution company to establish an online registration system, on or before January 15, 2027, through which its customers must register their portable solar generation devices.
The bill also provides that a customer’s electric distribution company is not liable for any injury or damage caused by a portable solar generation device.
The bill directs the Delaware Sustainable Energy Utility to perform a safety study of portable solar generation devices and provide a report with findings and recommendations for future expansion of these systems in Delaware by January 1, 2027.
Author: Senator Hansen