House committee reviews bill to exempt plug-in ‘portable solar’ devices from major permitting

The House Energy and Digital Infrastructure Committee heard detailed review Wednesday of S.202, a bill that would create a legal category for small plug-in photovoltaic systems and carve them out of the state’s major-generation permitting and interconnection rules.

Legislative counsel Ellen Chaikowski told the panel that S.202 defines a "portable solar energy generation device" as a movable photovoltaic device designed to be connected to a building’s electrical system via a receptacle and that the bill "exempts them from the 248 CPG process and the interconnection agreement," clarifying a regulatory gray area for new plug-in solar products.

Why it matters: the measure separates very small plug-in systems from larger generation facilities regulated under 30 V.S.A. § 248 and from net-metering treatment. Supporters say the change makes it easier for homeowners and other property owners to use portable solar products without navigating permitting and interconnection rules designed for utility-scale and rooftop systems.

Key provisions outlined to the committee include a capacity limit, safety requirements and limits on utility actions. Chaikowski said the bill would permit "one or more portable solar energy generation device per electric meter if the devices have a maximum combined capacity ... of not more than 1,200 watts," and would require that portable devices be used only on premises served by smart meters so utilities can manage backfeed concerns. "You will not be compensated for it," she added, referring to excess generation: the bill excludes portable devices from net metering and states that excess generation "shall not be compensated by an electric distribution company."

The bill also ties device use to safety certification. Committee members discussed the Underwriters Laboratories standard UL 3700; Chaikowski said the bill requires compliance with UL 3700 or an equivalent nationally recognized testing laboratory certification for plug-in photovoltaic systems. "UL recently came out and that is specific to these plug-in photovoltaic systems that we're using here," she said, and members were told UL and other technical witnesses would testify at upcoming hearings.

S.202 would also extend existing municipal and property-law protections to portable devices. Chaikowski explained the draft would amend municipal-bylaw statute (24 V.S.A. § 4413) and the deed-restriction provision in title 27 (27 V.S.A. § 544) so towns and recorded covenants could not prohibit the installation of portable solar devices "pertinent to" buildings. She clarified those protections do not override ordinary landlord-tenant rules: a landlord can still prohibit a tenant from installing a device under a rental agreement.

Committee members raised technical and implementation questions. Representative Christopher Howland asked how recent UL testing was; Chaikowski said the standard had been updated in December and that UL and manufacturers would appear to explain test results and device categories. Members also sought detail on whether utilities could require additional circuitry or equipment; the counsel said required additional safety measures would typically be part of the UL standard rather than bilaterally imposed by utilities.

The committee received a schedule of witnesses for the first round of testimony: UL, BrightSaver (an advocacy group), a manufacturer, the Department of Public Service and the Public Utility Commission, fire and safety officials, and advocates. Chaikowski said the committee would take more testimony next week and that BrightSaver would appear later the same day.

Next steps: the committee paused to bring in witnesses; no vote or formal action on S.202 was taken during the session recorded on the transcript.