Vermont Legislature SmartTranscripts:

[Speaker 0]: We're live. All right. Welcome everybody to House Energy and Digital Infrastructure. It is Thursday, March 26, and we are going to talk a little bit about portable solar legislation that is advancing or advanced or became wrong in Utah and Virginia with Legion Council. So, I'm representative Kathleen James. I'm from Manchester.

[Rep. R. Scott Campbell (Vice Chair)]: Scott Campbell from Saint Codsbury. Chris Morrow in Windsor, Bennington. Michael Southworth, Caledonia two. Christopher Howland, Rutland four. Dara Torre, Washington two.

[Rep. Dara Torre (Clerk)]: Bram Kleppner, Chittenden 13. Laura Sibilia, wonderful.

[Speaker 0]: Great. And joining us? Gabrielle Molina, Doug

[Ellen Ciakowski (Legislative Counsel)]: Jacqueline Martin. Alright. Ms. Ballwalk, Graham, and Tannington Parapagola.

[Speaker 0]: Super. Alright. For the record,

[Ellen Ciakowski (Legislative Counsel)]: Ellen Ciakowski, Office of Legislative Council. Thank you for being here. Sorry about the

[Speaker 0]: rush. Know you've a lot going on.

[Ellen Ciakowski (Legislative Counsel)]: So, today, I have provided you with a PowerPoint. Looking at other states that have adopted laws regarding fertile solar.

[Speaker 0]: Great. And I see that on our website.

[Ellen Ciakowski (Legislative Counsel)]: Two other states have adopted laws on portable solar. Virginia last month adopted a law. Effective January 1. Their defined term is small portable solar generation device. This is their definition. It's a movable photovoltaic generation device that has a maximum power output of not more than 1,200 watts per customer, or in the case of multi family housing per residential building unit, is designed to be connected to the electrical system of a building through an electrical outlet, also called the receptacle, is located on the customer's side of the electric meter and intended primarily to offset the customer's electricity consumption, meets the standards of the most recent version of the National Electric Cook, the electrical code, is certified by a nationally recognized testing laboratory as described in 29 CFR nineteen ten point seven, or an equivalent nationally recognized testing laboratory, and includes a device or feature that prevents the device from affecting or exporting power to the electrical system of the building during a power outage. This should sound fairly familiar. It has a lot of overlap with the build that you're considering in S202. They also added this piece of language here in their statute at the very bottom. A small portable solar generation device that has a maximum power output to the receptacle outlet of not more than three ninety one watts is exempt from product listing provisions that would require alterations to the building's premises wiring or electrical panels. They also created this statute for local regulation. Refer to localities. I'm pretty sure that means municipality, but I'm not an expert on Virginia law. No locality shall prohibit the use of a device on a residential structure provided that the device is in compliance with any height and setback requirements of the zoning district where such residential structure is located, is in compliance with any provisions pertaining to any local historic architectural provision, preservation, or corridor protection district where such residential structure is located, and meets the requirements of 50 six-596.7, which is another statute they created on portable solar, which is coming up. This is giving localities the authority. They can't prohibit portable solar, but they can require height and setback requirements and zoning, and then also apply their design districts, so historic or architectural districts. They also added this language, which was already there for other solar panels, but a locality by ordinance may provide by right authority for installation of solar facilities or solar devices in a zoning classification. They may also require a property owner or applicant for a permit pursuant to the Uniform Statewide Building Code who removes solar panels or devices to dispose of them in an importance with the other applicable laws on disposal. Pounds are allowed to require a decommissioningdisposal process. Does

[Speaker 0]: by right, Ellen, mean that I don't know.

[Ellen Ciakowski (Legislative Counsel)]: Okay. I'm not familiar with how Virginia applies that phrase. Okay. Yeah. Okay. So then they also created this other statute about specific to these Florida solar devices. No landlord who owns more than four rental units or more than a 10% interest in more than four rental units. Virginia shall prohibit a tenant from installing a portable device on the exterior of a tenant's premises. However, the landlord may establish reasonable restrictions concerning the size, place, and manner or placement of the device. A landlord may prohibit or restrict the installation elsewhere on the premises. Tenants have to provide notice to the landlord of their intent to install one of these portable devices with documentation that the device meets the requirements of subsection A, which is the definition, and then identifies the proposed location for the installation at least seven days prior to installation. The landlord may respond to such notice with any reasonable restrictions concerning size, place, or manner, or placement of the device. Tenants are responsible for any damage sustained to the rental unit or the premises as a result of any small portable device installed. No landlord shall be liable for failing to maintain a fit and habitable dwelling or provide an essential service based on a condition in a rental dwelling unit or premises caused solely by the installation of the device on the premises. No tenant renting a unit that is subject to ratio utility billing may install a portable device nor shall a tenant utilize or install such a device if it would require alteration to the building premises wiring without express rent approval of tenants landlord.

[Speaker 0]: Does that mean that if your utilities are included in your rent? I have I

[Ellen Ciakowski (Legislative Counsel)]: have no idea what ratio utility billing is. No.

[Speaker 0]: I don't have any idea. This is helpful. You can kind of guess what that means. It's helpful to Okay.

[Ellen Ciakowski (Legislative Counsel)]: They also have these other provisions that I also don't understand. They're not eligible for net metering like you have put in yours, or agricultural net metering, or eligible to be a small agricultural generator. I don't know what that means. They've also included it in the definition of what are goods,

[Speaker 0]: and I don't know what the implications of that are.

[Ellen Ciakowski (Legislative Counsel)]: They also further created this statute on portable solar. It's the exemption from interconnection. Any customer or an electric service provider may own and operate a portable solar device that meets the requirements of this section without being subject to an interconnection requirement, net metering provisions, or any other provision of law requiring reimbursement or approval from the utility to own and operate the small portable device. No electric service provider shall require a customer using a device to obtain their approval before installing or using the device, pay any fee or charge related to the device, or install any additional controls or equipment beyond what's integrated with the device. However, any customer with an with an electric service provider of an electric service provider shall notify the electric service provider by submitting a form established by the commission online or by mail prior to the installation of a portable solar device. The electric service provider has fifteen days after the notification to respond, and they have to review the form for accuracy and completeness and respond to resolve any deficiencies. If they do not respond within the fifteen day period, they're deemed to have met the notification requirement and may install the device. Any premises with more than one of these devices have a single property, or should the relevant distribution circuit require it, the electric utility or cooperative may install an automatic locking disconnect switch. I don't know what that means. A customer that owned and operates a small portable device shall ensure that the device includes a device or feature that prevents the device from exporting power to the electric grid or from affecting the electrical system of the building during a power outage. No investor owned utility, municipal utility, or electric cooperative shall be liable for any damage, injury, or interruption electric service caused by the device. No provision of this section shall apply to a rental dwelling unit that is subject to ratio of utility filling system. So that is the Virginia law that was just adopted. Utah adopted a portable solar law last year. It became effective 05/05/2025 and was used to draft S202. Their defined term is portable solar generation device, which is a movable photovoltaic generation device that has a maximum power output of not more than 1,200 watts. It's designed to be connected to a building's electrical grid through a standard 120 volt alternating current outlet, as intended to primarily offset part of the customer's electricity consumption. They also added this portable solar to the definition of customer generation system. They've added that customer generation systems are more than 1,200 watts and they don't include portable solar energy generation devices, so excluding them from that program, and I don't know anything about that program. Then, they also created this statute. A portable solar generation device that meets the requirements of this part is exempt from the interconnection requirement and requirement to enter into an interconnection agreement and is not subject to the net metering program requirements. A device shall include a device or feature that prevents the system from energizing the building's electrical system during a power outage. An electrical corporation may not require a customer using a portable solar generation device to obtain the electrical corporation's approval before installing or using the system, pay any fee or charge related to the system, or install any additional controls or equipment beyond what is integrated into the system, and is not liable for any damage or injury caused by a portable solar generation device. I have a

[Speaker 0]: question about this for anybody, Allen or anybody. Shall include a device or feature that prevents the system from energizing the building's electrical system during a power outage. Is that language now already included in UL three seven hundred? Okay. I knew somebody would know that. So we don't

[Rep. R. Scott Campbell (Vice Chair)]: I'm not sure about the language, but the effect.

[Speaker 0]: The impact. Yeah. So

[Rep. R. Scott Campbell (Vice Chair)]: Yeah. You

[Speaker 0]: can't. So Utah, which went ahead of us on this, put that in there explicitly, but that important language is now covered in the ULT. Okay. I just wanted to make

[Rep. R. Scott Campbell (Vice Chair)]: sure you're before the UL standard. Right. Okay.

[Ellen Ciakowski (Legislative Counsel)]: Thank you. So, I was attempting to look for overlap between all three. I feel confident I missed things, but here are some of the overlaps. All three have included the definition that it's movable photovoltaic device designed to be connected to a building's electrical system, and that includes a device, as was just mentioned, that prevents from affecting or exporting power to the grid during power outage. All three states are or the two states and Vermont are exempting them from interconnection agreements and that metering. All three mentioned 1,200 watts, although you all are using it differently than the other states. And then again, what the utilities are not allowed to do. They're not allowed to They can't require approval before installing, paying a fee or charge, or install any additional controls.

[Speaker 0]: Helen, when you say we're using 1,200 watts differently, can you remind me of how we are using it differently? Well, I'll

[Ellen Ciakowski (Legislative Counsel)]: just say that. So Virginia, theirs starts with it's 1,200 watts per customer, not device. Utah said And it has a max of the power output of not more than 1,200 watts. Okay. And I I don't have your language in front of me, but it's probably it's probably closer to Utah. Utah.

[Rep. R. Scott Campbell (Vice Chair)]: Okay. I think we talked about a maximum output or or from so you put the magazine it was. From multiple sizes. Right?

[Speaker 0]: I think yeah. Yeah. Oh, right. Yeah.

[Rep. R. Scott Campbell (Vice Chair)]: So if you if you bought one device with 600 or something and then you wanted to buy another maybe with 900, and you wanted to buy another 900 watt device, you couldn't have both in the same, let's say, in the same house. Okay.

[Ellen Ciakowski (Legislative Counsel)]: Okay.

[Speaker 0]: That's it. Great. That was really helpful. Yeah. Do people have any more questions for Ellen?

[Rep. R. Scott Campbell (Vice Chair)]: I have one question. I I may have mentioned at the beginning. The reference the reference in Utah's law no. No. Not Utah's law. Virginia's law to a recognized testing laboratory as described in 29 CFR section nineteen ten point seven. Is how does that align with with with with the UL? So they didn't specify UL thirty thirty whatever it is, 3,700. Do you do you know what 29 CFR nineteen ten point seven is? I do. Okay. K.

[Speaker 0]: Alright. Any more questions for lead counsel? Ellen, thank you so much for pulling that together. That was super helpful.

[Rep. R. Scott Campbell (Vice Chair)]: Thank you.

[Speaker 0]: And, yes, I assume you

[Ellen Ciakowski (Legislative Counsel)]: have to wash off somewhere else. Right.

[Speaker 0]: Okay. Thank you very much.

[Rep. R. Scott Campbell (Vice Chair)]: Thank you.

[Speaker 0]: I guess we can we're we have our next person coming in.

[Ellen Ciakowski (Legislative Counsel)]: Tell you what. You may just

[Speaker 0]: go offline for a few minutes. Okay. Thanks. See you at ten.

[Rep. R. Scott Campbell (Vice Chair)]: Glad you're out.