SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 2006

STATE OF NEW JERSEY

214th LEGISLATURE

ADOPTED JUNE 21, 2010

Sponsored by:

Senator  BOB SMITH

District 17 (Middlesex and Somerset)

Senator  CHRISTOPHER "KIP" BATEMAN

District 16 (Morris and Somerset)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  UPENDRA J. CHIVUKULA

District 17 (Middlesex and Somerset)

Assemblyman  REED GUSCIORA

District 15 (Mercer)

Co-Sponsored by:

Assemblyman Conaway and Assemblywoman Lampitt

SYNOPSIS

     Prohibits municipal zoning ordinances from regulating solar panels under certain circumstances; limits fees for certain renewable energy installations.

CURRENT VERSION OF TEXT

     Substitute as adopted by the Senate Environment and Energy Committee.

An Act concerning renewable energy and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

     1.    a.  No governing body may adopt a zoning ordinance regulating the installation on residential property of photovoltaic solar energy systems when:

     (1)   in the case of a roof-mounted system, the photovoltaic solar panels and all accessory equipment extend 12 inches or less beyond the edge of the roofline or above the highest point of the roof surface or structure; or

     (2)   in the case of a surface level or ground-mounted system, the system consists of 10 or less photovoltaic solar panels and is situated more than 50 feet from the nearest property boundary line.

     b.    A municipality may adopt an ordinance regulating the installation on residential property of photovoltaic solar energy systems that do not meet the standards established in subsection a. of this section; however, nothing in this subsection shall preclude an applicant from seeking a variance from any such ordinance.

     c.     As used in this section, “photovoltaic solar panel” means an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar connectors, or photovoltaic solar cells.

     2.    A municipal ordinance regulating the installation on residential property of photovoltaic solar energy systems or small wind energy systems shall not require payment of any fee that exceeds the municipality's processing costs for an application pertaining to the approval, installation, or operation of a system.

     As used in this section, "small wind energy system" shall have the same meaning as set forth in section 1 of P.L.2009, c.244 (C.40:55D-66.12).

     3.    This act shall take effect immediately.