HB 2296 — Expanding the use of distributed energy resources.

or by the department of labor and industries consistent with RCW 19.28.010 to conform to applicable standards or be indicated as acceptable by the established standards of any electrical product testing laboratory which is accredited by the department of labor and industries;

or (ii) Has a maximum power output to the receptacle outlet of 391 watts or less.

(15) "Port district" means a port district within which an industrial development district has been established as authorized by Title 53 RCW.

(((15))) (16) "Premises" means any residential property, commercial real estate, or lands, owned or leased by a customer- generator within the service area of a single electric utility.

(((16))) (17) "Public utility district" means a district authorized by chapter 54.04 RCW.

(((17))) (18) "Renewable energy" means energy generated by a facility that uses water, wind, solar energy, or biogas as a fuel.

(((18))) (19) "Retail electric customer" includes an individual, organization, group, association, partnership, corporation, agency, unit of state government, or entity that is connected to the electric p.

3 HB 2296 utility's distribution system and purchases electricity for ultimate consumption and not for resale.

1.102.

(1) A portable solar generation device:

(a) Is exempt from the interconnection requirements described in RCW 80.60.020;

(b) Is not required to be the subject of an interconnection agreement under this chapter;

and (c) Is not subject to the net metering program requirements under this chapter.

(2) An electric utility, city, or county in which the customer is located, or landlord as defined in RCW 59.18.030:

(a) May not require a customer using a portable solar generation device to:

(i) Obtain the approval of the electric utility, the city or county, or the landlord before installing or using the device;

(ii) Pay any fee or charge related to the device;

or (iii) Install any additional controls or equipment beyond what is integrated into a device compliant with all provisions of RCW 80.60.010(14);

and (b) Is not liable for any damage or injury caused by a portable solar generation device.

(3) It is a per se violation of chapter 19.86 RCW and is considered a deceptive practice to:

(a) Sell a portable solar generation device that is not in compliance with the provisions of RCW 80.60.010(14);

or (b) Advertise or otherwise communicate or imply that a portable solar generation device that is not in compliance with the provisions of RCW 80.60.010(14) as being capable of integration into electrical systems without installation by a licensed electrician.

Sec.

103.

RCW 64.38.055 and 2009 c 51 s 1 are each amended to read as follows:

(1) The governing documents may not prohibit the installation of a solar energy panel by an owner or resident on the owner's or resident's property as long as the solar energy panel:

(a) Meets applicable health and safety standards and requirements imposed by state and local permitting authorities;

p.

4 HB 2296 (b) If used to heat water, is certified by the solar rating certification corporation or another nationally recognized certification agency.

Certification must be for the solar energy panel and for installation;

and (c) If used to produce electricity, meets all applicable safety and performance standards established by the national electric code, the institute of electrical and electronics engineers, accredited testing laboratories, such as underwriters laboratories, and, where applicable, rules of the utilities and transportation commission regarding safety and reliability.

(2) The governing documents may:

(a) Prohibit the visibility of any part of a roof-mounted solar energy panel above the roofline;

(b) Permit the attachment of a solar energy panel to the slope of a roof facing a street only if:

(i) The solar energy panel conforms to the slope of the roof;

and (ii) The top edge of the solar energy panel is parallel to the roof ridge;

or (c) Require:

(i) A solar energy panel frame, a support bracket, or any visible piping or wiring to be painted to coordinate with the roofing material;

(ii) An owner or resident to shield a ground-mounted solar energy panel if shielding the panel does not prohibit economic installation of the solar energy panel or degrade the operational performance quality of the solar energy panel by more than ten percent;

or (iii) Owners or residents who install solar energy panels or portable solar generation devices to indemnify or reimburse the association or its members for loss or damage caused by the installation, maintenance, or use of a solar energy panel.

(3) The governing documents may include other reasonable rules regarding the placement and manner of a solar energy panel.

(4) The governing documents may not prohibit the placement or use of a portable solar generation device by an owner or resident on the owner's or resident's property.

(5)(a) For purposes of this section, "solar energy panel" means a panel device or system or combination of panel devices or systems that relies on direct sunlight as an energy source, including a panel device or system or combination of panel devices or systems that collects sunlight for use in:

p.

5 HB 2296 (((a))) (i) The heating or cooling of a structure or building;

(((b))) (ii) The heating or pumping of water;

(((c))) (iii) Industrial, commercial, or agricultural processes;

or (((d))) (iv) The generation of electricity.

(((5))) (b) "Solar energy panel" does not include a portable solar generation device, as defined in RCW 80.60.010.

(6) This section does not apply to common areas as defined in RCW 64.38.010.

(((6))) (7) This section applies retroactively to a governing document in effect on July 26, 2009.

A provision in a governing document in effect on July 26, 2009, that is inconsistent with this section is void and unenforceable.

Part II Meter-Mounted Devices NEW SECTION.

Sec.

201.

A new section is added to chapter 80.60 RCW to read as follows:

After a retail electric customer has identified a licensed electrical contractor to install a meter-mounted device, the retail electric customer must work with the servicing electric utility to schedule a mutually agreeable time for an electric utility representative to inspectremove and approvethen reconnect the utility's meter forto useallow withfor athe meter-mountedlicensed deviceelectrical andcontractor then to removeinstall and then reconnect the utility'scustomer's metermeter- tomounted allowdevice. for p.

1 SHB 2296 the licensed electrical contractor to install the customer's meter- mounted device.

(b)p. Be approved or listed by a nationally recognized testing laboratory and is suitable, according to the device's approval or listing documentation, for use in meter sockets that are rated up to 200 amperes;

6 HB 2296 (b) Be approved or listed by a nationally recognized testing laboratory and is suitable, according to the device's approval or listing documentation, for use in meter sockets that are rated up to 200 amperes;

(d) BeNot compatibleimpede withaccess advancedto meteringthe infrastructure;sealed meter socket compartment or the pull section of the service section of the electric meter or switchboard, as applicable;

and (e) NotBe impedeapproved accessby to the sealed meter socket compartment or the pull section of the service section of the electric meterutility orin switchboard,accordance as applicable, and not otherwise interfere with thesubsection ability(4) toof performthis maintenancesection. and testing;

(f)(4) NotAn interfereelectric withutility metermust functionsapprove or communicationdisapprove networks;a request from a manufacturer for approval of a specific model of meter-mounted device for installation in its service area no later than 90 days after the electric utility receives a request for approval, which must include the specific model of the meter-mounted device.

andAn (g)electric Beutility approvedmust byprovide thepublic electricnotice utilityof inall accordancedecisions withapproving subsectiona (4)model of thismeter-mounted section.device, including by posting the information on the utility's website.

(4) An electric utility must approve or disapprove a request from a manufacturer for approval of a specific model of meter-mounted device for installation in its service area based on the requirements outlined in subsection (3) of this section.

Upon receiving such a request for approval, an electric utility with more than 25,000 customers must make an approval decision within 90 days, and an electric utility with 25,000 customers or fewer must make an approval decision within 180 days.

An electric utility must post on the utility's website all decisions approving a model of a meter-mounted device.

p.(7) An electric utility may not be held liable for damage, attributable to a customer-owned meter-mounted device installed pursuant to this section, to any person or property.

2(8) SHB 2296 (7) An electric utility may nothave bea heldlicensed liableelectrical forcontractor damage,remove attributableany to a customer-owned meter-mounted device installedthat pursuantinhibits tothe thisutility's section,ability to anyprovide personservice or property.read the meter.

(8) An electric utility may have a qualified utility employee or a licensed electrical contractor remove any customer-owned meter- mounted device that inhibits the utility's ability to provide service or read the meter, or that does not meet the requirements outlined in subsection (3) of this section.

(10)Part NothingIII inMiscellaneous thisp. section shall be construed to require the utilities and transportation commission to initiate a new rule-making proceeding, unless such a requirement is explicitly stated within the act.

In7 theHB event2296 thatNEW aSECTION. specific provision of this section or its application directly and substantively conflicts with the subject matter of an ongoing rule-making proceeding at the utilities and transportation commission, the commission may, at its discretion, modify its proposed rule to conform to the requirements of this section without being required to restart the rule-making process, except as necessary to provide a meaningful opportunity for public comment.

Sec.

301.

If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.

Sec.

302.

Section 103 of this act expires January 1, 2028.

38 SHBHB 2296