The FCC just restricted the inverters Michigan's solar law requires associations to allow
The FCC just restricted the inverters Michigan's solar law requires associations to allow
2026-09-12 · Michigan · Regulation
What happened. The FCC's Public Safety and Homeland Security Bureau added foreign-produced power inverters to the Covered List by Public Notice DA 26-786 on 28 July 2026, then modified the entry by Public Notice DA 26-870 on 20 August 2026 — WC Docket 18-89, ET Docket 21-232, EA Docket 21-233.1
Equipment on the Covered List cannot obtain the FCC equipment authorisation required for lawful importation and marketing in the United States, absent Conditional Approval.
What the August modification changed
Acting on a second National Security Determination from the Department of War dated 19 August 2026, the Bureau:
- excluded foreign-produced inverters that are eligible for the section 45X Advanced Manufacturing Tax Credit as modified by Public Law 119-21 § 70514 — the Department determined those “should be removed from the FCC's Covered List as not foreign-produced”; and
- confirmed the entry reaches wired connectivity, not only wireless: inverters that “contain, or are designed, equipped, or configured to accept, a component that enables remote communication, control, sensing, data-collection, or monitoring through Ethernet or other similar connections” pose the same risk.
Why this collides with Michigan law
Since 2 April 2026, every Michigan homeowners association has been required to hold a written solar energy policy under 2024 PA 68, and the association cannot prohibit a member from installing a solar energy system. Any rooftop array on a Michigan roof needs a utility-interactive, remotely monitored inverter — precisely the class the Covered List entry reaches.
So a federal supply-side restriction now sits on top of a state statute that removes the association's power to say no.
What it does not do, which matters more than what it does
By its terms the Covered List entry restricts importation and marketing of new equipment. It does not require removing an inverter already installed and operating, and nothing in either Public Notice reaches an existing rooftop array.
An association that reads this as authority to order a member to take a system down is wrong, and would be inviting a claim under MCL 559.315, which gives a prevailing member attorney fees and costs.
What it does do to an association's inbox
Three practical effects, over the next twelve to eighteen months:
- Owner submittals will shift toward section 45X-eligible equipment. That is a narrower set of models, with lead-time and price consequences that owners will feel and will mention.
- Approved installations may need to change equipment before they are built. A member approved in spring on one inverter may install a different one. Michigan's statute lets an association deny where the built system “does not substantially conform to the approved application” — and an inverter substitution driven by federal supply restrictions is not the kind of nonconformity that provision was written for. Treating it as one is a misreading.
- The permitted denial grounds are unchanged and exhaustive. Nothing on the Covered List is among them. A Michigan association may deny for the roof-projection, roof-slope and colour reasons in MCL 559.309, for a court finding of unlawfulness, or for nonconformity with the approved application. Equipment provenance is not on the list.
The sensible policy language
An association revising its solar policy statement this autumn can accommodate this without exceeding its statutory authority:
- Ask for the inverter make and model in the application, as an information item rather than an approval criterion.
- Provide that an equipment substitution required by regulatory or supply constraints, with equivalent physical characteristics, does not require a fresh application — which protects the owner and saves the board a decision.
- Do not add any provision conditioning approval on where equipment was manufactured. It would be void under section 5 and would sit badly next to the statutory list of permitted denial grounds.
What Michigan is not doing about any of it
The Michigan Public Service Commission is where the state's solar and EV infrastructure decisions are actually made — the Transportation Electrification Plan docket is the live one. There is no MPSC proceeding on inverter supply, and no Michigan bill addresses it. House Bill 5927 would create a statewide rooftop solar net metering programme and House Bill 5764 would regulate small portable solar devices; both sit in House Energy with no hearing.
What to watch next
Further Public Notices. Two came out in three weeks, and the second materially narrowed the first. Anyone advising a Michigan board on this should check the Covered List itself rather than a summary of it — the page records its own last-updated date.
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