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Legislative & Regulatory Update
New Jersey
Scheduled for vote in New Jersey Senate, 3/21/2011:
S-2126: Would require the Pinelands Commission to adopt regulations providing for development of solar or photovoltaic energy facilities within the Pinelands on the site of a landfill or closed resource extraction operation, provided the development is consistent with the Pinelands Comprehensive Management Plan.
The bill would also permit solar or photovoltaic energy facilities on landfills and closed resource extraction operations statewide as a permitted use under the Municipal Land Use Law, and would permit the development of wind energy facilities on landfills and closed resource extraction facilities as a permitted use in all municipalities outside of the Pinelands area.
The bill had previously passed both houses of the Legislature but was conditionally vetoed on March 3. While Gov. Christie stated he "wholeheartedly supports" the bill's intent, his Conditional Veto recommended the Senate consider "technical changes" to remove limitations based upon whether the landfill or resource extraction operation is active or closed, and to limit solar projects on landfills and resource extraction sites within the Pinelands area to previously disturbed lands.
Identical Bill: A-3139
Text of Bill
Governor's Conditional Veto Message
Reported out of Assembly Telecommunications and Utilities Committee with Amendments, 2nd Reading, 3/7/2011:
A2042, S465: Requires New Jersey Board of Public Utilities (BPU) to increase credit provided when issuing Solar Renewable Energy Certificates (SRECS) for solar energy produced by equipment manufactured in New Jersey. While current law requires that BPU issue one SREC for every 1 megawatt hour of solar energy generated in New Jersey, this bill would require that BPU issue one SREC for every 850 kilowatt hours of solar energy if the equipment used to produce the solar energy is manufactured in New Jersey.
Text of Bill
Committee Statement (Amendments)
New Jersey Energy Master Plan Public Hearings: Gov. Chris Christie has tasked the Board of Public Utilities (BPU) with revisiting the 2008 Energy Master Plan in light of current economic conditions to ensure a balance between increasing challenges in meeting current and future energy needs in New Jersey. The BPU will hold three public hearings concerning the 2011 New Jersey Energy Master Plan.The hearings will be held on the afternoons of March 29, 2011 (State House, Trenton); April 7, 2011 (BPU Offices, Newark); and April 13, 2011 (Stockton College, Pomona). Hearing Notice New Jersey Energy Master Plan Website Mid-Atlantic Solar Energy Industries Association vs. Chris Christie, Governor New Jersey Appeals Court rejects a challenge by a trade association representing the solar industry and upholds the Christie administration's use of $158 million of Clean Energy Funds to balance the FY 2009-10 state budget, ruling the Legislature has the authority to appropriate the money for that purpose. The Court held that, although the Electric Discount and Energy Competition Act ("EDECA") N.J.S.A. 48:3-60(a), contemplated that funds collected through the imposition of a 'social benefits charge' on electric and gas public utility customers would be used for certain purposes set forth in the statute, the Legislature's 2010 Supplemental Appropriations Act has the same effect for the 2009-10 fiscal year as a legislative amendment to EDECA to authorize appropriation of the funds for any other purpose the Legislature might determine, rather than solely the purposes originally set forth in the EDECA. Text of Opinion
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