Amends and adds to existing law to exempt portable solar generators from public utilities.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 612 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO SOLAR ENERGY; AMENDING CHAPTER 1, TITLE 61, IDAHO CODE, BY THE2 ADDITION OF A NEW SECTION 61-122, IDAHO CODE, TO ESTABLISH PROVISIONS3 REGARDING PORTABLE SOLAR GENERATION DEVICES; AMENDING SECTION 61-129,4 IDAHO CODE, TO REVISE PROVISIONS REGARDING PUBLIC UTILITIES; AMENDING5 SECTION 48-1802, IDAHO CODE, TO REVISE A DEFINITION; AMENDING SECTION6 48-1803, IDAHO CODE, TO REVISE PROVISIONS REGARDING THE APPLICABILITY7 OF THE RESIDENTIAL SOLAR ENERGY SYSTEM DISCLOSURE ACT; AND DECLARING AN8 EMERGENCY AND PROVIDING AN EFFECTIVE DATE.9

Be It Enacted by the Legislature of the State of Idaho:10

SECTION 1. That Chapter 1, Title 61, Idaho Code, be, and the same is11 hereby amended by the addition thereto of a NEW SECTION, to be known and des-12 ignated as Section 61-122, Idaho Code, and to read as follows:13 61-122. PORTABLE SOLAR GENERATION DEVICES. (1) "Portable solar gener-14 ation device" means a moveable photovoltaic generation device that:15 (a) Is designed to be connected to a building's electrical system16 through a standard electrical outlet;17 (b) Is intended to offset part or all of a customer's electricity con-18 sumption;19 (c) Is limited to supplying a maximum power output of not more than one20 thousand two hundred (1,200) watts to the utility electric grid;21 (d) Is certified by underwriters laboratories or an equivalent nation-22 ally recognized testing laboratory; and23 (e) Meets the standards of the most recent version of the national elec-24 trical code.25 (2) Notwithstanding any other provision of law, a portable solar gener-26 ation device shall be exempt from interconnection and net metering require-27 ments.28 (3) An electric corporation:29 (a) Shall not require a customer using a portable solar generation de-30 vice to:31 (i) Obtain the electric corporation's approval before installing32 or using the device;33 (ii) Pay any fee or charge related to the device or for feeding en-34 ergy back into the utility electric grid; or35 (iii) Install any additional controls or equipment beyond what is36 integrated into the device; and37 (b) Shall not be liable for any damage or injury caused by a portable38 solar generation device.39

SECTION 2. That Section 61-129, Idaho Code, be, and the same is hereby40 amended to read as follows:41

2 61-129. PUBLIC UTILITY. (1) The term "public utility" when used in1 this act includes every common carrier, pipeline corporation, gas corpora-2 tion, electrical corporation, telephone corporation, and water corpora-3 tion, as those terms are defined in this chapter and each thereof is hereby4 declared to be a public utility and to be subject to the jurisdiction, con-5 trol and regulation of the commission and to the provisions of this act. The6 term "public utility" as used in this act shall cover cases:7 (1) (a) Where the service is performed and the commodity delivered8 directly to the public or some portion thereof, and where the service9 is performed or the commodity delivered to any corporation or cor-10 porations, or any person or persons, who in turn, either directly or11 indirectly or mediately or immediately, performs the services or deliv-12 ers such commodity to or for the public or some portion thereof; and13 (2) (b) Where a pipeline corporation delivers the commodity to any14 corporation, person, their lessees, receivers or trustees regardless15 of whether it offers the pipeline service or commodity to the public or16 some portion thereof. Such pipeline shall be subject to the safety su-17 pervision and regulation of the commission only, unless and until such18 pipeline corporation makes application to the commission to be regu-19 lated generally as a public utility.20 (2) The term "public utility" shall not include portable solar genera-21 tion devices.22

SECTION 3. That Section 48-1802, Idaho Code, be, and the same is hereby23 amended to read as follows:24 48-1802. DEFINITIONS. As used in this chapter:25 (1) "Consumer" means a person who, for primarily personal, family, or26 household purposes:27 (a) Purchases a residential solar energy system under a solar agree-28 ment; or29 (b) Leases a residential solar energy system under a system lease30 agreement.31 (2) "Residential solar energy system" means a solar energy system that:32 (a) Is installed on or in real property in the state of Idaho;33 (b) Generates electricity primarily for on-site consumption for pri-34 marily personal, family, or household purposes; and35 (c) Has an electricity delivery capacity that exceeds one (1) kilowatt36 thousand two hundred (1,200) watts.37 (3) "Solar agreement" means a system purchase agreement or a system38 lease agreement.39 (4) "Solar energy system" means a system or configuration of energy de-40 vices that collects and uses solar energy to generate electricity to be used41 by a consumer.42 (5) "Solar retailer" means a person who:43 (a) Sells or proposes to sell a residential solar energy system to a44 consumer under a system purchase agreement; or45 (b) Owns the residential solar energy system that is the subject of a46 system lease agreement or proposed system lease agreement.47 (6) "System lease agreement" means an agreement:48

3 (a) Under which a consumer leases a residential solar energy system1 from a solar retailer; and2 (b) That provides for the consumer to make payments over a term for the3 lease of the residential solar energy system.4 (7) "System purchase agreement" means an agreement under which a con-5 sumer purchases a residential solar energy system, or the energy created6 from a residential solar energy system, from a solar retailer either out-7 right or through installment payments.8

SECTION 4. That Section 48-1803, Idaho Code, be, and the same is hereby9 amended to read as follows:10 48-1803. APPLICABILITY. (1) The provisions of this chapter shall ap-11 ply to any solar agreement entered into on or after October 1, 2019, between a12 solar retailer and a consumer, including, but not limited to, a solar agree-13 ment that accompanies the transfer of ownership or lease of real property.14 (2) The provisions of this chapter shall not apply to:15 (a) The transfer or rental of real property on which a residential so-16 lar energy system is, or is expected to be, located if the presence of17 the residential solar energy system is incidental to the transfer or18 rental;19 (b) A lender, governmental entity, or other third party that enters20 into an agreement with a consumer to finance a residential solar energy21 system but is not a party to a system purchase agreement or lease agree-22 ment; or23 (c) A sale or lease of, or the purchase of electricity from, a solar en-24 ergy system that is not a residential solar energy system.; or25 (d) Portable solar generation devices as that term is defined in sec-26 tion 61-122, Idaho Code.27

SECTION 5. An emergency existing therefor, which emergency is hereby28 declared to exist, this act shall be in full force and effect on and after29 July 1, 2026.30