New Jersey recently enacted the “Garden State Balcony Solar Act” (Senate Bill 2368), signed by Governor Mikie Sherrill on September 1, 2026, making it the 10th state to legalize and regulate portable solar generation devices. The law officially takes effect on March 1, 2027. The Department of Community Affairs is required to amend its regulations for “purposes of establishing adequate and appropriate standards to provide guidance concerning wiring or modification of homes to accommodate” such devices.
Key Components of New Law
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Power Limits: Applies to portable solar generation devices with a combined output up to 1,200 watts. Systems up to 400 watts are exempt from special building or wiring modifications. Devices up to 1,200 watts must comply with electrical code safety standard and installation rules.
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No Electric Public Utility approval. An Electric Public Utility shall not require any fee, charge or prior approval before the homeowner installs the qualifying device.
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No State Permits or Approvals: Qualifying devices are exempt from utility interconnection agreements, utility approval, extra fees, and net metering. However, the device may not export power to the electric distribution system during a power outage.
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No Municipal Permit or Fee. A municipality shall not prohibit the use of a portable solar generation device on a residential property. Nor shall it require any permit, application, fee, license or other approval for a qualifying device.
- Safety Rules: Equipment must be certified under standard electrical safety code.
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Tenant and Association Protections: Landlords, homeowners’ associations, condo associations and any other housing associations cannot issue blanket bans on qualifying devices for tenants who pay their own electric bills.
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Notice Requirement. A tenant must provide 14-days prior written notice and placement details to a landlord, homeowners’ association, condo association and any other housing association disclosing the tenant’s intended use of the device and provide required documentation. The landlord may respond with “reasonable restrictions” concerning the physical dimensions, placement or manner of placement of the device.
- Homeowners’ and Condo Association Regulation. While a blanket ban of devices is prohibited, the homeowners’ and condo associations may establish “reasonable restrictions” concerning the size, placement, and 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, by-laws, rules, regulations or other governing documents inconsistent with the new law shall be void and unenforceable.
If you are seeking legal advice regarding the new law, including questions about “reasonable restrictions,’’ please feel free to contact me at my direct number (856) 914-2056 or via email at afox@capehart.com.
