Colorado § 40-2-140 - Portable-scale solar generation devices - requirements - exemptions - definitions.

§ 40-2-140. Portable-scale solar generation devices - requirements - exemptions - definitions.

(1) As used in this section:

(a) "Common interest community" has the meaning set forth in section 38-33.3-103 (8).

(b) "Energy efficiency measure" has the meaning set forth in section 38-33.3-106.7 (1)(b).

(c) "Limited common element" has the meaning set forth in section 38-33.3-103 (19).

(d) "Person" has the meaning set forth in section 2-4-401 (8).

(e) "Portable-scale solar generation device" or "device" means a single photovoltaic system per address and associated equipment that:

(I) Is designed or commissioned to supply a maximum power output of not more than one thousand nine hundred twenty watts to the electric grid; and

(II) Is labeled and listed by a nationally recognized testing laboratory.

(2) A portable-scale solar generation device must include a feature that prevents the device from energizing the electric grid during a power outage.

(3) A customer that uses a portable-scale solar generation device shall not connect more than one device to a single wall outlet per address.

(4) (a) A provider of retail electric service or wholesale energy shall not require a customer to:

(I) Obtain the provider's approval before installing or using a portable-scale solar generation device;

(II) Pay the provider a fee related to a portable-scale solar generation device; or

(III) Install any additional controls or equipment beyond what is integrated into a portable-scale solar generation device pursuant to the UL listing of the device.

(b) A provider of retail electric service or wholesale energy may require a customer to notify the provider of the customer's use of a portable-scale solar generation device by indicating the presence and size of the device in kilowatts.

(5) A portable-scale solar generation device that has a power output of not more than three hundred ninety-one watts is exempt from:

(a) The solar photovoltaic installation requirements described in section 40-2-128; and

(b) Any building safety code provisions or product listing provisions that would require alterations to the building's electrical wiring.

(6) On and after January 1, 2027, a person shall not sell, lease, or rent a portable-scale solar generation device that has a power output of more than three hundred ninety-one watts in the state and is not UL labeled and listed.

(7) On and after January 1, 2027:

(a) A person shall not directly or indirectly unreasonably prohibit the installation, use, or operation of a portable-scale solar generation device;

(b) A covenant or restriction that explicitly or indirectly unreasonably prohibits or restricts the installation, use, or operation of a portable-scale solar generation device is unenforceable and void as a matter of public policy;

(c) A portable-scale solar generation device is considered an energy efficiency measure for the purposes of section 38-33.3-106.7; except that, notwithstanding section 38-33.3-106.7 (3)(d), a real property owner may install, use, or operate a device on real property that is a limited common element of a common interest community;

(d) A real property owner may require reasonable restrictions for the installation, use, or operation of a portable-scale solar generation device, including requiring prior notice of the installation of a device and restrictions related to preventing fire or electrical overload of the existing electrical system, preventing damage or harm to a person or property, and the location of the device; and

(e) A real property owner that resides in a common interest community and installs a portable-scale solar generation device may be required to reasonably secure the device to their unit or any limited common element patio, deck, or balcony that solely serves the real property owner's unit. The real property owner may be responsible for all liability and costs associated with the installation, maintenance, or removal of the device and required to indemnify the community association and other owners from any related liability or costs.

(8) A provider of retail electric service or wholesale energy is not liable for any damage or injury caused by a portable-scale solar generation device.

(9) The installation of a portable-scale solar generation device must be in accordance with fire code requirements and applicable local building codes that pertain to health and safety.

Source: L. 2026: Entire section added, (HB 26-1007), ch. 127, p. 550, § 2, effective August 12.

Cross references: For the legislative declaration in HB 26-1007, see section 1 of chapter 127, Session Laws of Colorado 2026.