What SB 868 does
An act to add Chapter 13 (commencing with Section 8530) to Division 4.1 of, and to repeal Section 8531 of, the Public Utilities Code, relating to electricity.
Existing law vests the Public Utilities Commission with regulatory authority over public utilities, including electrical corporations, while local publicly owned electric utilities are under the direction of their governing boards.
This bill would, until January 1, 2030, exempt a portable solar generation device, as defined, from all interconnection requirements imposed by state law, the commission, electrical corporation rules, or local publicly owned electric utility rules, as specified. The bill would, until January 1, 2030, prohibit an electrical corporation or a local publicly owned electric utility from requiring a customer using a portable solar generation device to take specified actions, including, among other things, paying any fee or charge related to the device or the electricity the device feeds into a building’s electrical system. The bill would, until January 1, 2030, authorize an electrical corporation or a local publicly owned electric utility to require a customer using a portable solar generation device to notify the electrical corporation or local publicly owned electric utility, using a simple online registration form, of the address, make, model, and size of the portable solar generation device, as provided. Beginning January 1, 2030, the bill would prohibit the sale of a portable photovoltaic energy generation device that is designed to be connected to and disconnected from a building’s electrical system through a receptacle and does not meet the definition of a portable solar generation device, as specified.
Under existing law, a violation of any order, decision, rule, direction, demand, or requirement of the commission is a crime.
Because a violation of a commission action implementing the bill’s requirements would be a crime, the bill would impose a state-mandated local program.
Additionally, by imposing new duties on local publicly owned electric utilities, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for specified reasons.
Summary from the Legislative Counsel's Digest of the enrolled text, August 28, 2026. Read the full text on leginfo.
How it got here
Senator Wiener introduced SB 868 on January 5, 2026, with coauthors Senators Arreguín, Becker, and McNerney and Assembly Members Boerner, Connolly, Davies, Irwin, Kalra, Petrie-Norris, Schiavo, and Ward. The text was amended 6 times, 3 in the Assembly and 3 in the Senate, and heard in 6 committee hearings before its final floor votes.
- Senate Floor, May 19, 2026: 35 ayes, 1 noes.
- Assembly Floor, August 25, 2026: 73 ayes, 0 noes.
- Senate Floor, August 26, 2026: 36 ayes, 4 noes.
Committee votes along the way:
- Senate Energy, Utilities and Communications, March 17, 2026: Do pass as amended, but first amend, and re-refer to the Committee on [Judiciary], 14-0.
- Senate Appropriations, April 20, 2026: Placed on suspense file, 7-0.
- Senate Appropriations, May 14, 2026: Do pass, 7-0.
- Assembly Utilities and Energy, June 10, 2026: Do pass as amended and be re-referred to the Committee on [Appropriations], 18-0.
- Assembly Appropriations, August 13, 2026: Do pass as amended., 11-0.
Who supports and opposes SB 868
The Senate Floor Analyses analysis dated August 25, 2026 lists 118 organizations in support and 7 in opposition. When Senate Energy, Utilities and Communications first listed positions on March 16, 2026, the count was 93 in support and 10 opposed. By the Senate Floor Analyses analysis of August 25, 2026 it was 118 to 7.
In support: Environmental Working Group (sponsor); Caroline Torosis, City of Santa Monica Mayor; 350: Bay Area Action, Berkeley Hub, Conejo/San Fernando Valley, Humboldt; San Deigo, and Santa Barbara; Abundance Network; Acterra: Action for a Healthy Planet; Active San Gabriel Valley; Albany Climate Action Coalition; and 110 more.
Opposed: California Building Officials; California Municipal Utilities Association; National Electrical Contractors Association; Pacific Gas & Electric; San Diego Gas and Electric Company; Southern California Public Power Authority; Southern California Rental Housing Association.
Read the Senate Floor Analyses analysis.
Our read
Analysis by Capitol Axis, drawn from the committee analyses and vote record for SB 868.
Support grew by 25 as it moved, from 93 at Senate Energy, Utilities and Communications to 118 by Senate Floor Analyses. That usually follows an amendment that bought someone off the fence, and it is worth knowing which one.
SB 868 is sponsored by Environmental Working Group, which is the clearest statement of what the bill is for.
Resistance grew between houses: 1 noes in Senate Floor became 4 in Senate Floor.
SB 868 was rewritten 6 times, 3 of them in the second house, the last on August 20, 2026. Anyone working from the introduced version is reading a bill that no longer exists.
What happens next
It reached the Governor's desk on August 31, 2026. Bills presented after the Legislature adjourned on August 31 must be signed or vetoed within thirty days.
The Governor can sign the bill, veto it, or let it become law without a signature. Until the decision, sign and veto request letters are the remaining channel, and the Department of Finance's enrolled bill report carries weight on anything with a fiscal effect. If signed, most provisions take effect January 1, and implementation moves to the agencies named in the bill.
What it means for data center organizations
Two decisions follow from a bill at this stage. The first is whether to weigh in with the Governor's office before the thirty-day window closes. The second is how to prepare for implementation if it becomes law: which agency writes the rules, when the comment period opens, and which obligations begin January 1.
The data centers group at Capitol Axis handles that for data center clients.
Questions about SB 868
What does SB 868 do?
This bill would, until January 1, 2030, exempt a portable solar generation device, as defined, from all interconnection requirements imposed by state law, the commission, electrical corporation rules, or local publicly owned electric utility rules, as specified. The bill would, until January 1, 2030, prohibit an electrical corporation or a local publicly owned electric utility from requiring a customer using a portable solar generation device to take specified actions, including, among other things, paying any fee or charge related to the device or the electricity the device feeds into a build
Has SB 868 passed the California Legislature?
It reached the Governor's desk on August 31, 2026. Bills presented after the Legislature adjourned on August 31 must be signed or vetoed within thirty days.
Who supports and opposes SB 868?
The Senate Floor Analyses analysis dated August 25, 2026 lists 118 organizations in support and 7 in opposition. Supporters include Environmental Working Group (sponsor); Caroline Torosis, City of Santa Monica Mayor; 350: Bay Area Action, Berkeley Hub, Conejo/San Fernando Valley, Humboldt. Opponents include California Building Officials; California Municipal Utilities Association; National Electrical Contractors Association.
What happens next with SB 868?
The Governor can sign it, veto it, or let it become law without a signature. Until then, sign and veto request letters are the remaining channel, and the Department of Finance's enrolled bill report carries weight on anything with a fiscal effect.