Distributed energy resources

AN ACT Relating to expanding the use of distributed energy 1
resources; amending RCW 64.38.055; reenacting and amending RCW 2
80.60.010; adding new sections to chapter 80.60 RCW; and providing an 3
expiration date. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
Part I6
Addressing Balcony Solar7
Sec. 101. RCW 80.60.010 and 2019 c 235 s 1 are each reenacted 8
and amended to read as follows: 9
The definitions in this section apply throughout this chapter 10
unless the context clearly indicates otherwise. 11
(1) "Aggregated meter" means an electric service meter measuring 12
electric energy consumption that is eligible to receive credits under 13
a meter aggregation arrangement as described in RCW 80.60.030.14
(2) "Commission" means the utilities and transportation 15
commission. 16
(3) "Consumer-owned utility" means a municipal electric utility 17
formed under Title 35 RCW, a public utility district formed under 18
Title 54 RCW, an irrigation district formed under chapter 87.03 RCW, 19
a cooperative formed under chapter 23.86 RCW, or a mutual corporation 20
H-2750.1
HOUSE BILL 2296
State of Washington 69th Legislature 2026 Regular Session
By Representatives Hall, Callan, Reed, Leavitt, Ramel, Fitzgibbon,
Parshley, Zahn, Duerr, Doglio, Gregerson, Stearns, and Pollet
Prefiled 01/07/26. Read first time 01/12/26. Referred to Committee
on Environment & Energy.
p. 1 HB 2296
or association formed under chapter 24.06 RCW, that is engaged in the 1
business of distributing electricity to more than one retail electric 2
customer in the state. 3
(4) "Customer-generator" means a user of a net metering system.4
(5) "Designated meter" means an electric service meter at the 5
service of a net metering system that is interconnected to the 6
utility distribution system. 7
(6) "Electric cooperative" means a cooperative or association 8
organized under chapter 23.86 or 24.06 RCW. 9
(7) "Electric utility" means any electrical company, public 10
utility district, irrigation district, port district, electric 11
cooperative, or municipal electric utility that is engaged in the 12
business of distributing electricity to retail electric customers in 13
the state. 14
(8) "Electrical company" means a company owned by investors that 15
meets the definition of RCW 80.04.010. 16
(9) "Irrigation district" means an irrigation district under 17
chapter 87.03 RCW. 18
(10) "Meter aggregation" means the administrative combination of 19
billing net energy consumption from a designated net meter and 20
eligible aggregated meter. 21
(11) "Municipal electric utility" means a city or town that owns 22
or operates an electric utility authorized by chapter 35.92 RCW.23
(12) "Net metering" means measuring the difference between the 24
electricity supplied by an electric utility and the excess 25
electricity generated by a customer-generator's net metering system 26
over the applicable billing period. 27
(13) "Net metering system" means a fuel cell, a facility that 28
produces electricity and used and useful thermal energy from a common 29
fuel source, or a facility for the production of electrical energy 30
that generates renewable energy, and that: 31
(a) Has an electrical generating AC capacity of not more than one 32
hundred kilowatts; 33
(b) Is located on the customer-generator's premises;34
(c) Operates in parallel with the electric utility's transmission 35
and distribution facilities and is connected to the electric 36
utility's distribution system; ((and))37
(d) Is intended primarily to offset part or all of the customer-38
generator's requirements for electricity; and39
(e) Does not include a portable solar generation device.40
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(14) "Portable solar generation device" means a moveable 1
photovoltaic generation device that:2
(a) Is designed to be connected to a building's electrical system 3
through a standard 120-volt alternating current outlet;4
(b) Is intended primarily to offset part of the customer's 5
electricity consumption;6
(c) Meets the standards of the most recent version of the 7
national electrical code;8
(d) Is not combined with any other portable solar generation 9
device on the same premises;10
(e) Includes integrated functionality that complies with UL 1741 11
or IEEE 1547 standards as they existed as of January 1, 2026, or 12
equivalent standards, including anti-islanding protection and rapid 13
shutdown that prevents the system from energizing the building's 14
electrical system during a power outage; and15
(f) Either:16
(i)(A) Has a maximum power output of not more than 1,200 watts 17
behind the common point of coupling with the electric utility; and18
(B) Is certified by underwriters laboratories under UL 3700, as 19
of January 1, 2026; or by the department of labor and industries 20
consistent with RCW 19.28.010 to conform to applicable standards or 21
be indicated as acceptable by the established standards of any 22
electrical product testing laboratory which is accredited by the 23
department of labor and industries; or24
(ii) Has a maximum power output to the receptacle outlet of 391 25
watts or less.26
(15) "Port district" means a port district within which an 27
industrial development district has been established as authorized by 28
Title 53 RCW. 29
(((15))) (16) "Premises" means any residential property, 30
commercial real estate, or lands, owned or leased by a customer-31
generator within the service area of a single electric utility.32
(((16))) (17) "Public utility district" means a district 33
authorized by chapter 54.04 RCW. 34
(((17))) (18) "Renewable energy" means energy generated by a 35
facility that uses water, wind, solar energy, or biogas as a fuel.36
(((18))) (19) "Retail electric customer" includes an individual, 37
organization, group, association, partnership, corporation, agency, 38
unit of state government, or entity that is connected to the electric 39
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utility's distribution system and purchases electricity for ultimate 1
consumption and not for resale. 2
NEW SECTION. Sec. 102. A new section is added to chapter 80.60 3
RCW to read as follows: 4
(1) A portable solar generation device: 5
(a) Is exempt from the interconnection requirements described in 6
RCW 80.60.020; 7
(b) Is not required to be the subject of an interconnection 8
agreement under this chapter; and 9
(c) Is not subject to the net metering program requirements under 10
this chapter. 11
(2) An electric utility, city, or county in which the customer is 12
located, or landlord as defined in RCW 59.18.030: 13
(a) May not require a customer using a portable solar generation 14
device to: 15
(i) Obtain the approval of the electric utility, the city or 16
county, or the landlord before installing or using the device;17
(ii) Pay any fee or charge related to the device; or18
(iii) Install any additional controls or equipment beyond what is 19
integrated into a device compliant with all provisions of RCW 20
80.60.010(14); and 21
(b) Is not liable for any damage or injury caused by a portable 22
solar generation device. 23
(3) It is a per se violation of chapter 19.86 RCW and is 24
considered a deceptive practice to: 25
(a) Sell a portable solar generation device that is not in 26
compliance with the provisions of RCW 80.60.010(14); or27
(b) Advertise or otherwise communicate or imply that a portable 28
solar generation device that is not in compliance with the provisions 29
of RCW 80.60.010(14) as being capable of integration into electrical 30
systems without installation by a licensed electrician.31
Sec. 103. RCW 64.38.055 and 2009 c 51 s 1 are each amended to 32
read as follows: 33
(1) The governing documents may not prohibit the installation of 34
a solar energy panel by an owner or resident on the owner's or 35
resident's property as long as the solar energy panel:36
(a) Meets applicable health and safety standards and requirements 37
imposed by state and local permitting authorities;38
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(b) If used to heat water, is certified by the solar rating 1
certification corporation or another nationally recognized 2
certification agency. Certification must be for the solar energy 3
panel and for installation; and 4
(c) If used to produce electricity, meets all applicable safety 5
and performance standards established by the national electric code, 6
the institute of electrical and electronics engineers, accredited 7
testing laboratories, such as underwriters laboratories, and, where 8
applicable, rules of the utilities and transportation commission 9
regarding safety and reliability. 10
(2) The governing documents may: 11
(a) Prohibit the visibility of any part of a roof-mounted solar 12
energy panel above the roofline; 13
(b) Permit the attachment of a solar energy panel to the slope of 14
a roof facing a street only if: 15
(i) The solar energy panel conforms to the slope of the roof; and16
(ii) The top edge of the solar energy panel is parallel to the 17
roof ridge; or 18
(c) Require: 19
(i) A solar energy panel frame, a support bracket, or any visible 20
piping or wiring to be painted to coordinate with the roofing 21
material; 22
(ii) An owner or resident to shield a ground-mounted solar energy 23
panel if shielding the panel does not prohibit economic installation 24
of the solar energy panel or degrade the operational performance 25
quality of the solar energy panel by more than ten percent; or26
(iii) Owners or residents who install solar energy panels or 27
portable solar generation devices to indemnify or reimburse the 28
association or its members for loss or damage caused by the 29
installation, maintenance, or use of a solar energy panel.30
(3) The governing documents may include other reasonable rules 31
regarding the placement and manner of a solar energy panel.32
(4) The governing documents may not prohibit the placement or use 33
of a portable solar generation device by an owner or resident on the 34
owner's or resident's property.35
(5)(a) For purposes of this section, "solar energy panel" means a 36
panel device or system or combination of panel devices or systems 37
that relies on direct sunlight as an energy source, including a panel 38
device or system or combination of panel devices or systems that 39
collects sunlight for use in: 40
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(((a))) (i) The heating or cooling of a structure or building;1
(((b))) (ii) The heating or pumping of water; 2
(((c))) (iii) Industrial, commercial, or agricultural processes; 3
or 4
(((d))) (iv) The generation of electricity. 5
(((5))) (b) "Solar energy panel" does not include a portable 6
solar generation device, as defined in RCW 80.60.010.7
(6) This section does not apply to common areas as defined in RCW 8
64.38.010. 9
(((6))) (7) This section applies retroactively to a governing 10
document in effect on July 26, 2009. A provision in a governing 11
document in effect on July 26, 2009, that is inconsistent with this 12
section is void and unenforceable. 13
Part II14
Meter-Mounted Devices15
NEW SECTION. Sec. 201. A new section is added to chapter 80.60 16
RCW to read as follows: 17
(1) Each electric utility must allow the installation and 18
operation of no more than one customer-owned meter-mounted device 19
between a retail electric customer's meter and meter socket, provided 20
the retail electric customer ensures the conditions outlined in 21
subsection (2) of this section are met and the meter-mounted device 22
meets the conditions outlined in subsection (3) of this section.23
(2) A meter-mounted device must be installed in accordance with 24
the national electrical code by a licensed electrical contractor and 25
the installation must be approved by the local permitting authority. 26
After a retail electric customer has identified a licensed electrical 27
contractor to install a meter-mounted device, the retail electric 28
customer must work with the servicing electric utility to schedule a 29
mutually agreeable time for an electric utility representative to 30
remove and then reconnect the utility's meter to allow for the 31
licensed electrical contractor to install the customer's meter-32
mounted device. 33
(3) An installed meter-mounted device must: 34
(a) Be qualified to be connected to the supply side of the 35
service disconnect pursuant to the applicable provisions of the 36
national electric code; 37
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(b) Be approved or listed by a nationally recognized testing 1
laboratory and is suitable, according to the device's approval or 2
listing documentation, for use in meter sockets that are rated up to 3
200 amperes; 4
(c) Be certified to meet all applicable standards, as determined 5
by a nationally recognized testing laboratory; 6
(d) Not impede access to the sealed meter socket compartment or 7
the pull section of the service section of the electric meter or 8
switchboard, as applicable; and 9
(e) Be approved by the electric utility in accordance with 10
subsection (4) of this section. 11
(4) An electric utility must approve or disapprove a request from 12
a manufacturer for approval of a specific model of meter-mounted 13
device for installation in its service area no later than 90 days 14
after the electric utility receives a request for approval, which 15
must include the specific model of the meter-mounted device. An 16
electric utility must provide public notice of all decisions 17
approving a model of meter-mounted device, including by posting the 18
information on the utility's website. 19
(5) An electric utility may recover the cost of service work on 20
any customer-owned meter-mounted device, or maintenance or repair 21
work on any electric utility-owned equipment necessary due to the 22
installation of a customer-owned meter-mounted device, by charging 23
the customer directly. 24
(6) Each electric utility must implement the provisions of this 25
section no later than six months after the effective date of this 26
section. 27
(7) An electric utility may not be held liable for damage, 28
attributable to a customer-owned meter-mounted device installed 29
pursuant to this section, to any person or property.30
(8) An electric utility may have a licensed electrical contractor 31
remove any customer-owned meter-mounted device that inhibits the 32
utility's ability to provide service or read the meter.33
(9) A city, county, or other local jurisdiction may not prohibit 34
the installation and operation of a meter-mounted device as described 35
in this section. 36
Part III37
Miscellaneous38
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NEW SECTION. Sec. 301. If any provision of this act or its 1
application to any person or circumstance is held invalid, the 2
remainder of the act or the application of the provision to other 3
persons or circumstances is not affected.4
NEW SECTION. Sec. 302. Section 103 of this act expires January 5
1, 2028.6
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