In late May, 2026, the New York state legislature passed the “Solar Up Now NY (SUNNY) Act” (A.9111-C/S.8512C), with significant majorities in both houses voting to approve what would now become the nation’s ninth state-level law authorizing the use of so-called “balcony solar” plug-in devices… if only Governor Kathy Hochul would sign it.
Two months after the bill’s passage, the Governor has yet to make any statements about the bill, despite the fact that it passed during the legislative session with broad support.
Now, a group of advocates has released a letter to the Governor urging her to sign the bill. The letter, signed by NYC Comptroller Mark Levine, NYC Council Speaker Julie Menin, Manhattan Borough President Brad Hoylman-Sigal and 26 other City Council members, was released during a rally in support of the SUNNY Act held at City Hall Park in New York City on July 30.
“As elected officials representing constituents across New York City, we urge you to sign the Solar Up Now New York (SUNNY) Act (S.8512 Krueger/ A.9111 Gallagher) and remove regulatory barriers to small ‘plug-in’ solar panels,” read the letter’s opening paragraph.
The signees went to point out that they were most excited for the potential benefits the law could bring to residents of New York City, where the vast majority of people live in apartment buildings, effectively shutting them out of taking advantage of traditional grid-tied rooftop solar installations
The rally was attended by one of the bill’s lead sponsors, Senator Liz Krueger, who spoke during the event. City Council majority leader Shaun Abreu and council members Chi Ossé, Alexa Avilés, Susan Zhuang, Julie Won, and Sandy Nurse also participated. The bill’s other lead sponsor, Assemblymember Emily Gallagher, was stuck in transit.
“We have all experienced the climate crisis firsthand this summer, from record-breaking heat to floods and smoke, and we’ve all also experienced rising energy bills in part due to that record-breaking heat” said Climate Families NYC program director Liat Olenick, as she emceed the rally.
“We are really excited about this bill and the opportunity it presents for co-op owners, for renters, for small businesses, for schools, for libraries and families to access the magic of clean energy that does not pollute our environment, does not fuel climate change, and provides cheap, reliable power,” Olenick added.
Olenick then introduced a string of speakers, including Senator Krueger, Council members Abreu, Nurse and Avilés, along with climate activist JK Canepa and Assemblymember Gallagher’s deputy chief of staff, Hanna Johnson.
Following the speeches, advocates employed a plug-in solar panel setup to operate a blender they used to make solar-powered milkshakes that were handed out to audience members.
How the bill can become law
According to state law, the Governor has 10 days to take action on bills delivered to her while the legislature is in session. If she takes no action, the bill becomes law by default. Bills sent to the Governor when the session is adjourned must be signed within 30 days or they become pocket-vetoed by default.
However, administrative complications in how the state runs the legislative process have superseded the process under law. Rather than sending bills to the Governor for a signature, the legislature now customarily waits for bills to be “called up” by the Governor.
Also, while the Legislature has not officially adjourned since the 1970s, the provisions regarding automatic passage of bills not acted upon within 10 days (excluding Sundays) apply for bills called up between January 1 until December 21st, and automatic “pocket vetoes” of bills within 30 days (excluding Sundays) apply for bills called up between December 22nd to December 31st.
The Governor has not yet called for the SUNNY Act. When she does, if she signs the bill, it would take effect immediately. If, on the other hand, she vetoes it, the bill would require a two-thirds majority vote in both houses of the legislature.
In late May, the bill passed the Senate on a 59-to-1 vote, but only passed the House by a vote of 89 to 47, with 14 members absent. That margin is eleven votes shy of the threshold to override a veto.
Since the passage of Utah HB 340 — the nation’s first plug-in solar law — in 2025, legislatures in nine other states have enacted plug-in solar laws similar to the SUNNY Act. Among those states, the bills passed in New York and New Jersey have yet to be signed into law.
Bills in California and Massachusetts are still in process for this year’s legislative session.
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