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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
612
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
SOLAR
ENERGY;
AMENDING
CHAPTER
1,
TITLE
61,
IDAHO
CODE,
BY
THE
2
ADDITION
OF
A
NEW
SECTION
61
-
122,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
3
REGARDING
PORTABLE
SOLAR
GENERATION
DEVICES;
AMENDING
SECTION
61
-
129,
4
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
PUBLIC
UTILITIES;
AMENDING
5
SECTION
48
-
1802,
IDAHO
CODE,
TO
REVISE
A
DEFINITION;
AMENDING
SECTION
6
48
-
1803,
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
THE
APPLICABILITY
7
OF
THE
RESIDENTIAL
SOLAR
ENERGY
SYSTEM
DISCLOSURE
ACT;
AND
DECLARING
AN
8
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
9
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
10
SECTION
1.
That
Chapter
1,
Title
61,
Idaho
Code,
be,
and
the
same
is
1
1
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
12
ignated
as
Section
61
-
122,
Idaho
Code,
and
to
read
as
follows:
13
61
-
122.
PORTABLE
SOLAR
GENERATION
DEVICES.
(1)
"Portable
solar
gener
-
14
ation
device"
means
a
moveable
photovoltaic
generation
device
that:
15
(a)
Is
designed
to
be
connected
to
a
building's
electrical
system
16
through
a
standard
electrical
outlet;
17
(b)
Is
intended
to
offset
part
or
all
of
a
customer's
electricity
con
-
18
sumption;
19
(c)
Is
limited
to
supplying
a
maximum
power
output
of
not
more
than
one
20
thousand
two
hundred
(1,200)
watts
to
the
utility
electric
grid;
21
(d)
Is
certified
by
underwriters
laboratories
or
an
equivalent
nation
-
22
ally
recognized
testing
laboratory;
and
23
(e)
Meets
the
standards
of
the
most
recent
version
of
the
national
elec
-
24
trical
code.
25
(2)
Notwithstanding
any
other
provision
of
law,
a
portable
solar
gener
-
26
ation
device
shall
be
exempt
from
interconnection
and
net
metering
require
-
27
ments.
28
(3)
An
electric
corporation:
29
(a)
Shall
not
require
a
customer
using
a
portable
solar
generation
de
-
30
vice
to:
31
(i)
Obtain
the
electric
corporation's
approval
before
installing
32
or
using
the
device;
33
(ii)
Pay
any
fee
or
charge
related
to
the
device
or
for
feeding
en
-
34
ergy
back
into
the
utility
electric
grid;
or
35
(iii)
Install
any
additional
controls
or
equipment
beyond
what
is
36
integrated
into
the
device;
and
37
(b)
Shall
not
be
liable
for
any
damage
or
injury
caused
by
a
portable
38
solar
generation
device.
39
SECTION
2.
That
Section
61
-
129,
Idaho
Code,
be,
and
the
same
is
hereby
40
amended
to
read
as
follows:
41
2
61
-
129.
PUBLIC
UTILITY.
(1)
The
term
"public
utility"
when
used
in
1
this
act
includes
every
common
carrier,
pipeline
corporation,
gas
corpora
-
2
tion,
electrical
corporation,
telephone
corporation
,
and
water
corpora
-
3
tion,
as
those
terms
are
defined
in
this
chapter
and
each
thereof
is
hereby
4
declared
to
be
a
public
utility
and
to
be
subject
to
the
jurisdiction,
con
-
5
trol
and
regulation
of
the
commission
and
to
the
provisions
of
this
act.
The
6
term
"public
utility"
as
used
in
this
act
shall
cover
cases:
7
(1)
(a)
Where
the
service
is
performed
and
the
commodity
delivered
8
directly
to
the
public
or
some
portion
thereof,
and
where
the
service
9
is
performed
or
the
commodity
delivered
to
any
corporation
or
cor
-
10
porations,
or
any
person
or
persons,
who
in
turn,
either
directly
or
1
1
indirectly
or
mediately
or
immediately,
performs
the
services
or
deliv
-
12
ers
such
commodity
to
or
for
the
public
or
some
portion
thereof;
and
13
(2)
(b)
Where
a
pipeline
corporation
delivers
the
commodity
to
any
14
corporation,
person,
their
lessees,
receivers
or
trustees
regardless
15
of
whether
it
offers
the
pipeline
service
or
commodity
to
the
public
or
16
some
portion
thereof.
Such
pipeline
shall
be
subject
to
the
safety
su
-
17
pervision
and
regulation
of
the
commission
only,
unless
and
until
such
18
pipeline
corporation
makes
application
to
the
commission
to
be
regu
-
19
lated
generally
as
a
public
utility.
20
(2)
The
term
"public
utility"
shall
not
include
portable
solar
genera
-
21
tion
devices.
22
SECTION
3.
That
Section
48
-
1802,
Idaho
Code,
be,
and
the
same
is
hereby
23
amended
to
read
as
follows:
24
48
-
1802.
DEFINITIONS.
As
used
in
this
chapter:
25
(1)
"Consumer"
means
a
person
who,
for
primarily
personal,
family,
or
26
household
purposes:
27
(a)
Purchases
a
residential
solar
energy
system
under
a
solar
agree
-
28
ment;
or
29
(b)
Leases
a
residential
solar
energy
system
under
a
system
lease
30
agreement.
31
(2)
"Residential
solar
energy
system"
means
a
solar
energy
system
that:
32
(a)
Is
installed
on
or
in
real
property
in
the
state
of
Idaho;
33
(b)
Generates
electricity
primarily
for
on
-
site
consumption
for
pri
-
34
marily
personal,
family,
or
household
purposes;
and
35
(c)
Has
an
electricity
delivery
capacity
that
exceeds
one
(1)
kilowatt
36
thousand
two
hundred
(1,200)
watts
.
37
(3)
"Solar
agreement"
means
a
system
purchase
agreement
or
a
system
38
lease
agreement.
39
(4)
"Solar
energy
system"
means
a
system
or
configuration
of
energy
de
-
40
vices
that
collects
and
uses
solar
energy
to
generate
electricity
to
be
used
41
by
a
consumer.
42
(5)
"Solar
retailer"
means
a
person
who:
43
(a)
Sells
or
proposes
to
sell
a
residential
solar
energy
system
to
a
44
consumer
under
a
system
purchase
agreement;
or
45
(b)
Owns
the
residential
solar
energy
system
that
is
the
subject
of
a
46
system
lease
agreement
or
proposed
system
lease
agreement.
47
(6)
"System
lease
agreement"
means
an
agreement:
48
3
(a)
Under
which
a
consumer
leases
a
residential
solar
energy
system
1
from
a
solar
retailer;
and
2
(b)
That
provides
for
the
consumer
to
make
payments
over
a
term
for
the
3
lease
of
the
residential
solar
energy
system.
4
(7)
"System
purchase
agreement"
means
an
agreement
under
which
a
con
-
5
sumer
purchases
a
residential
solar
energy
system,
or
the
energy
created
6
from
a
residential
solar
energy
system,
from
a
solar
retailer
either
out
-
7
right
or
through
installment
payments.
8
SECTION
4.
That
Section
48
-
1803,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
48
-
1803.
APPLICABILITY.
(1)
The
provisions
of
this
chapter
shall
ap
-
1
1
ply
to
any
solar
agreement
entered
into
on
or
after
October
1,
2019,
between
a
12
solar
retailer
and
a
consumer
,
including
,
but
not
limited
to
,
a
solar
agree
-
13
ment
that
accompanies
the
transfer
of
ownership
or
lease
of
real
property.
14
(2)
The
provisions
of
this
chapter
shall
not
apply
to:
15
(a)
The
transfer
or
rental
of
real
property
on
which
a
residential
so
-
16
lar
energy
system
is,
or
is
expected
to
be,
located
if
the
presence
of
17
the
residential
solar
energy
system
is
incidental
to
the
transfer
or
18
rental;
19
(b)
A
lender,
governmental
entity,
or
other
third
party
that
enters
20
into
an
agreement
with
a
consumer
to
finance
a
residential
solar
energy
21
system
but
is
not
a
party
to
a
system
purchase
agreement
or
lease
agree
-
22
ment;
or
23
(c)
A
sale
or
lease
of,
or
the
purchase
of
electricity
from,
a
solar
en
-
24
ergy
system
that
is
not
a
residential
solar
energy
system
.
;
or
25
(d)
Portable
solar
generation
devices
as
that
term
is
defined
in
sec
-
26
tion
61
-
122,
Idaho
Code.
27
SECTION
5.
An
emergency
existing
therefor,
which
emergency
is
hereby
28
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
29
July
1,
2026.
30