New Jersey exempts balcony solar up to 1,200 W from utility sign-off

New Jersey Governor Mikie Sherrill signed the Garden State Balcony Solar Act (S2368) on September 1, 2026, exempting plug-in solar devices of up to 1,200 watts from utility interconnection agreements and net-metering requirements. Under the final bill text, a utility cannot require prior approval, charge device-related fees, or demand controls or equipment beyond what is built into the device. The act also bars civil liability for an electric public utility for injury or damage, and for overvoltage, power-quality, or power-flow issues, proximately caused by the devices. Municipalities cannot prohibit the devices on residential property or require permits for their placement or use, though building modifications and electrical work remain subject to the National Electrical Code, the State Uniform Construction Code, and municipal permits and inspections.

The definition runs to five prongs: a moveable photovoltaic device with a maximum power output of not more than 1,200 watts; designed to connect through a standard 120-volt outlet; located on the customer's side of the meter and intended primarily to offset part of the customer's electricity consumption; listed or certified by a nationally recognized testing laboratory to UL 3700, the "Outline of Investigation for Interactive Plug-in Photovoltaic Equipment and Systems," or a comparable standard or combination of standards; and fitted with a feature preventing export to the distribution system during an outage. Devices delivering 400 watts or less to the outlet are exempt from any provision in the product listing or the codes that would require alterations to the building's premises, wiring, or electrical panels, and a single service address (or, in multi-family housing, a single dwelling unit) is capped at 1,200 watts combined unless the customer signs an interconnection agreement.

The bill drew no opposing votes: the Senate passed it 38-0 on March 23, 2026, the Assembly passed it 79-0-1 on June 30, 2026, and the Senate concurred 40-0 the same day. A landlord cannot bar a tenant who pays for their own electricity from using a qualifying device in the leased premises, including a balcony or patio, after 14 days' written notice. Homeowners' associations, condominium associations, and cooperative housing corporations cannot enforce governing-document bans on a unit owner or tenant using one or placing one on the exterior of their premises; such provisions are void, though reasonable size and placement restrictions are allowed. In the governor's release, Permit Power co-founder Hannah Birnbaum said the law hands families a tool, "including the roughly 40 percent of New Jerseyans who rent or live in apartments." The act takes effect six months after enactment, in early March 2027; the Board of Public Utilities, which on August 17, 2026 issued a straw proposal for 10-year payments for behind-the-meter home batteries, may take anticipatory implementation steps.