SENATE, No. 2126
STATE OF NEW JERSEY
INTRODUCED JUNE 24, 2010
Senator JIM WHELAN
District 2 (Atlantic)
Senator PHILIP E. HAINES
District 8 (Burlington)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman RUBEN J. RAMOS, JR.
District 33 (Hudson)
Assemblywoman CONNIE WAGNER
District 38 (Bergen)
Senators Beach, Madden, Greenstein, Assemblywoman Casagrande, Assemblymen Rudder and Delany
Permits development of solar and wind facilities and structures on landfills and resource extraction operations under certain circumstances.
CURRENT VERSION OF TEXT
As reported by the Assembly Telecommunications and Utilities Committee on December 13, 2010, with amendments.
An Act concerning solar energy 1and wind energy1 and supplementing P.L.1979, c.111 (C.13:18A-1 et seq.) and 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. 1a.1 2[The] Within 120 days after the date of enactment of this act, the2 Pinelands Commission 2[, in reviewing any application for] shall adopt rules and regulations providing for the approval of2 the development of a solar or photovoltaic energy facility or structure 2in the pinelands area2 on the site of a 2[closed]2 landfill or 2[quarry, or an existing or]2 closed resource extraction operation 2[, within the pinelands area, shall determine] which operated pursuant to a resource extraction permit on or after December 31, 1985, provided2 that the development is 2[in conformance with the applicable standards of] consistent with2 the comprehensive management plan, adopted pursuant to section 7 of P.L.1979, c.111 (C.13:18A-8), 1[and] 2[provided that1] and2:
1[a.]1 (1) if located on a 2closed2 resource extraction site, the facility or structure shall be on previously disturbed lands that have not subsequently been restored 2, become reforested, or become habitat critical to the survival of a threatened or endangered species of animal or plant,2 and which are not subject to any restoration obligation pursuant to the comprehensive management plan;
(2) if located on a closed landfill, the facility or structure shall be on previously disturbed lands 2[or] , and may be on2 adjacent lands 2[,] thereto but only2 if required to ensure the viability of the proposed facility or structure 2and as necessary solely for access to the facility or structure and transmission ingress and egress2 ; or
(3) if located on a landfill that has not been closed in accordance with a plan approved by the Pinelands Commission in consultation with the Department of Environmental Protection, the development of the facility or structure shall facilitate closure of the landfill in accordance with such a plan. The landfill shall be closed in accordance with a plan approved by the commission, in consultation with the department, under the requirements of the comprehensive management plan prior to, or concurrent with, the installation of the solar or photovoltaic energy facility or structure1[;] .1
b. 1[Development] In addition to the conditions set forth in subsection a. of this section, development1 of the facility or structure shall not permanently or adversely impact: (1) any existing engineering devices or other environmental controls located on a site, except as may be approved by the Pinelands Commission in consultation with the Department of Environmental Protection; and (2) ecologically sensitive areas located on, adjacent to, or within the same sub-watershed as the site proposed for development, except as may be approved by the commission in consultation with the department.
c. Within one year after the termination of use of the solar or photovoltaic energy facility or structure, the facility, and all structures associated therewith, shall be removed and restoration of the site shall be completed in accordance with the comprehensive management plan, or within another time period as approved by the Pinelands Commission, in consultation with the Department of Environmental Protection and under the requirements of the comprehensive management plan.
2. 1a.1 Notwithstanding any law, ordinance, rule or regulation to the contrary, a solar or photovoltaic energy facility or structure constructed and operated on the site of any 2[closed]2 landfill 2[or quarry, or a legally existing]2 or closed resource extraction operation, shall be a permitted use within every municipality.
1b. Notwithstanding any law, ordinance, rule or regulation to the contrary, a wind energy generation facility or structure constructed and operated on the site of any 2[closed]2 landfill 2[or quarry, or a legally existing]2 or closed resource extraction operation, shall be a permitted use within every municipality outside the pinelands area as defined pursuant to section 3 of P.L.1979, c.111 (C.13:18A-3).1
2The Department of Environmental Protection may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as necessary to effectuate the purposes of this subsection.2
3. This act shall take effect immediately.