Virginia Law

A. As used in this section, "small portable solar generation device" means a moveable photovoltaic generation device that (i) has a maximum power output of not more than 1,200 watts per dwelling unit; (ii) is designed to be connected to the electrical system of a building through an electrical outlet; (iii) is located on the customer's side of the electric meter and intended primarily to offset part of the customer's electricity consumption; (iv) meets the standards of the most recent version of the National Electrical Code; (v) is certified by a nationally recognized testing laboratory, as described in 29 C.F.R. § 1910.7, or an equivalent nationally recognized testing laboratory; and (vi) includes a device or feature that prevents the device from affecting or exporting power to the electrical system of the building during a power outage. A small portable solar generation device that has a maximum power output to the receptacle outlet of not more than 391 watts is exempt from product listing provisions that would require alterations to the building's premises, wiring, or electrical panels.

B. No landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth shall prohibit a tenant from installing a small portable solar generation device on the exterior of the tenant's premises. However, a landlord may establish reasonable restrictions concerning the size, place, and manner of placement of such small portable solar generation devices. The landlord may prohibit or restrict the installation of such small portable solar generation devices elsewhere on the premises.

C. A tenant shall provide notice to the landlord pursuant to this chapter of his intent to install a small portable solar generation device with documentation that such device meets the requirements in subsection A and that identifies the proposed location for installation at least seven days prior to installation. The landlord may respond to such notice with any reasonable restrictions concerning the size, place, and manner of placement of such device.

D. The tenant shall be responsible for any damages sustained to the rental dwelling unit or the premises as a result of any small portable solar generation device installed pursuant to this section. No landlord shall be liable for failing to maintain a fit and habitable dwelling or provide an essential service under § 55.1-1220, 55.1-1234, 55.1-1234.1, 55.1-1239, 55.1-1241, 55.1-1243.1, 55.1-1244, 55.1-1244.1, 55.1-1245, or 55.1-1248 based on a condition in the rental dwelling unit or premises caused solely by a small portable solar generation device installed on such premises.

E. No tenant renting a unit that is subject to ratio utility billing system as defined in § 55.1-1212 may utilize or install a small portable generation device nor shall a tenant utilize or install such a device if it would require alterations to the building's premises, wiring, or electrical panels without express written approval of the tenant's landlord.

2026, cc. 998, 1052.