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S2368 3R
[Third Reprint]
SENATE, No. 2368
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator JOHN F. MCKEON
District 27 (Essex and Passaic)
Senator� BOB SMITH
District 17 (Middlesex and Somerset)
Assemblyman� CLINTON CALABRESE
District 36 (Bergen and Passaic)
Assemblywoman� ELLEN J. PARK
District 37 (Bergen)
Assemblyman� ROBERT J. KARABINCHAK
District 18 (Middlesex)
Co-Sponsored by:
Senators Diegnan, Zwicker, Greenstein, Assemblyman Singh,
Assemblywoman Brennan, Assemblyman Bhalla, Assemblywoman Bagolie, Assemblymen
Onyema, Freiman, Macurdy and Assemblywoman Drulis
SYNOPSIS
����� �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.
CURRENT VERSION OF TEXT
���� As reported by the Assembly Budget Committee on June
28, 2026, with amendments.
��
An Act
concerning portable solar electric power generation systems and supplementing
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[
Title
]
Titles 40, 46, and
2
48 of
the Revised Statutes
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[
1
and
P.L.1975, c.217 (C.52:27D-119 et seq.)
1
]
2
.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
�����
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1.� This act shall be known and may be cited as the
�Garden State Balcony Solar Act.�
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�
�����
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[
1.
]
2.
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� a.� As used in this section:
����� �Board�
means the Board of Public Utilities.
����� �Electric
public utility� means the same as the term is defined in section 3 of P.L.1999,
c.23 (C.48:3-51).
����� �Portable
solar generation device� means a moveable photovoltaic generation device
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and associated equipment
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that:� (1) has a maximum power output of not more
than 1,200 watts; (2) is designed to be connected to a building�s electrical
system through a standard 120-volt alternating current outlet; (3) is
2
located on the customer�s side of the electrical
meter and is
2
intended primarily to offset part of the customer�s
electricity consumption; (4)
2
[
meets the standards of the most recent version of
the National Electrical Code; and (5)
]
2
is
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listed or
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certified
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[
by Underwriters Laboratories or an equivalent
nationally recognized testing laboratory
]
in accordance with Underwriters Laboratories Standard No. 3700, the �Outline
of Investigation for Interactive Plug-in Photovoltaic Equipment and Systems,�
or a comparable standard, or a combination of standards that together address
plug-in photovoltaic safety and grid-parallel by a nationally recognized
testing laboratory; and (5) includes a device or feature that prevents the
portable solar generation device from exporting power to the electrical
distribution system during a power outage
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.
����� b.�
Notwithstanding the provisions of P.L.1999, c.23 (C.48:3-49 et al.), or any
other law, rule, regulation, or board order to the contrary, a portable solar
generation device shall be exempt from:
����� (1)
any requirement to obtain or execute an interconnection agreement prior to
operating the portable solar generation device under P.L.1999, c.23 (C.48:3-49
et al.) or any other law, rule, or regulation; and
����� (2)
net metering program requirements under P.L.1999, c.23 (C.48:3-49 et al.) or
any other law, rule, or regulation.
����� c.�
An electric public utility shall not require a customer using a portable solar
generation device to:
����� (1)
obtain the electric public utility�s prior approval before installing or using
the device;
����� (2)
pay any fee or charge related to the device; or
����� (3)
install any additional controls or equipment beyond what is integrated into the
device.
����� d.�
An electric public utility shall not be held liable in a civil action for
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: (1)
2
any damage or injury
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proximately
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caused by a customer�s use of a portable solar
generation device
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; or (2) any overvoltage, power quality, or power
flow issue proximately caused by the use of one or more portable solar
generation devices, including the combined impact of multiple portable solar
generation devices used by one or more customers in proximity to one another
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.
�����
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e.� A portable solar generation device shall comply
with the applicable installation provisions of the product listing, and the
applicable installation provisions of the most recent versions of the National
Electrical Code and the State Uniform Construction Code adopted pursuant to the
�State Uniform Construction Code Act,� P.L.1975, c.217 (C.52:27D-119 et seq.),
except that a portable solar generation device that has a maximum power output
to the receptacle outlet of 400 watts or less shall be exempt from any
provision in the product listing, National Electrical Code, or State Uniform
Construction Code that would require alterations to the building�s premises,
wiring, or electrical panels.� However, all portable solar generation devices
shall comply with any applicable portable solar generation device provisions of
the 2029 National Electrical Code, when those provisions are incorporated into
the State Uniform Construction Code by the Commissioner of Community Affairs.
�����
f.�
The combined maximum power output of all portable solar generation devices
operated by an electricity customer at a single service address, or, in the
case of multi-family housing, at a single dwelling unit, shall not exceed 1,200
watts, unless an interconnection agreement is obtained or executed under
P.L.1999, c.23 (C.48:3-49 et al.) prior to operating portable solar generation
devices with a combined output exceeding 1,200 watts.
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����
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[
1
2.�
a.� As used in this section, �portable solar generation device� means the same
as the term is defined in section 1 of P.L. ,
c.
(C. ) (pending
before the Legislature as this bill).
����
b.� The Department of
Community Affairs shall adopt, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), a portable solar generation device
addendum to, or amendments to revise, the electrical subcode or other
appropriate model code adopted pursuant to the �State Uniform Construction Code
Act,� P.L.1975, c.217 (C.52:27D-119 et seq.), for the purpose of establishing
adequate and appropriate standards to provide guidance concerning wiring or
modification of homes to accommodate the use of commercially available portable
solar generation devices.� The guidance shall include standards for the use, in
New Jersey, of portable solar generation devices designed for use in the United
States, and standards for the modification or adaptation of home electrical
systems for the use, in New Jersey, of portable solar generation devices that
were designed for use in countries other than the United States.
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]
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����
1
[
2.� This
]
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[
3.� Section
1 of this
1
act shall take effect six months after the date of enactment, except that the
board may take any anticipatory action in advance of the effective date as is
necessary for the implementation of this act.�
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Section 2 of this act
shall take effect immediately.
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]
2
.
����
2
3.�
a.� As used in this section, �portable solar generation device� means the same
as the term is defined in section 2 of P.L. , c. (C. )
(pending before the Legislature as this bill).
����
b.� No landlord shall
prohibit a tenant
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who
is responsible for payment of the electric service used within the tenant�s
leased premises
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from utilizing a portable solar generation device or placing a portable
solar generation device
3
[
on the
exterior of
]
within
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the tenant�s leased premises
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,
including any leased balcony or patio
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.
�
A landlord may establish reasonable restrictions concerning the physical
dimension, placement, or manner of placement of a portable solar generation
device
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[
on the
leased premises of the tenant�s accessible exterior, including
but not
limited to the balcony, patio, and exterior wall surfaces
]
3
.
�
A landlord may prohibit or restrict the placement of a portable solar
generation device elsewhere on the landlord�s premises,
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[
so long as
the prohibitions
]
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and
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may
impose any
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restrictions
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[
do not
cause
]
necessary to ensure that
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the portable solar generation device
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[
to be in
violation of any
]
complies with all applicable
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product listing
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[
provision
]
provisions
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, any
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[
provision
]
provisions
3
of
the State Uniform Construction Code adopted pursuant to the �State Uniform
Construction Code Act,� P.L.1975, c.217 (C.52:27D-119 et seq.), or any National
Electrical Code
3
[
provision
]
provisions
pursuant to subsection e. of section 2 of P.L.��� , c.���� (C.������� )
(pending before the Legislature as this bill)
3
.
����
c.� A tenant shall provide
written notice to the landlord
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,
homeowners� association, condominium association, cooperative housing
corporation, other entity governing a planned real estate development, as
defined in section 3 of P.L.1977, c.419 (C.45:22A-23), or condominium, as
defined in section 3 of P.L.1969, c.257 (C.46:8B-3),
3
of
the tenant�s intent to use a portable solar generation device, which includes
documentation that the device meets the requirements set forth in section 2 of
P.L. , c. (C. )
(pending before the Legislature as this bill), and which identifies the
proposed location of the portable solar generation device, at least
3
[
seven
]
14
3
days
prior to placement or use.� The landlord may respond to the tenant�s notice
with any reasonable restrictions concerning the physical dimensions, placement,
or manner of placement of the device.
����
d.� A tenant shall be
responsible for any damages sustained to a premises leased by the tenant as a
result of a portable solar generation device used or placed pursuant to this
section.� A landlord shall not be held liable for failing to maintain a habitable
dwelling or provide an essential service based on a condition in the leased
premises caused solely by a portable solar generation device use or placed on
the premises pursuant to this section.
����
e.� A homeowners�
association, condominium association, cooperative housing corporation, other
entity governing a planned real estate development, as defined in section 3 of
P.L.1977, c.419 (C.45:22A-23), or condominium, as defined in section 3 of
P.L.1969, c.257 (C.46:8B-3), shall not enforce any provision of a master deed,
declaration, bylaw, rule, regulation, or other governing document that
prohibits a unit owner or tenant from utilizing a portable solar generation
device or placing a portable solar generation device on the exterior of the
unit owner�s or tenant�s premises.� A homeowners� association, condominium
association, cooperative housing corporation, other entity governing a planned
real estate development, or condominium may establish reasonable restrictions
concerning the size, placement, or manner of placement of a portable solar
generation device on the exterior of a unit owner�s or tenant�s premises.� Any
provision of a master deed, declaration, bylaw, rule, regulation, or other
governing document inconsistent with this subsection shall be void and
unenforceable.
����
f.� A landlord, homeowners�
association, condominium association, cooperative housing corporation, other
entity governing a planned real estate development, or condominium may require
a tenant, unit owner, or occupant to indemnify the landlord, homeowners�
association, condominium association, cooperative housing corporation, other
entity governing a planned real estate development, or condominium for claims,
damages, losses, or liabilities arising from personal injury or property damage
caused by the negligent installation, maintenance, or use of a portable solar
generation device by the tenant, unit owner, occupant, or the tenant�s, unit
owner�s, or occupant�s contractor or agent.
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�����
2
4.� a.� As used in this section, �portable solar
generation device� means the same as the term is defined in section 2 of P.L. , c. (C. )
(pending before the Legislature as this bill).
�����
b.�
Notwithstanding the provisions of P.L.1975, c.291 (C.40:55D-1 et seq.), or any
other law, rule, regulation, or municipal ordinance to the contrary, a
municipality shall not prohibit the use of a portable solar generation device
on a residential property.
�����
c.�
No municipality shall require a permit, application, fee, license, or other
approval for the placement or use of a portable solar generation device.� The
provisions of this subsection shall not be construed to exempt any building
modification, electrical work, or other alteration from the applicable
provisions of the National Electrical Code, the State Uniform Construction Code
adopted pursuant to the �State Uniform Construction Code Act,� P.L.1975, c.217
(C.52:27D-119 et seq.), or any municipal permit or inspection requirements.
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�����
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5.� This act shall take effect six months after the
date of enactment, except that the board may take any anticipatory action in
advance of the effective date as is necessary for the implementation of this
act.
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