New Jersey
Passed New Jersey Senate by 33-0 vote, 4/28/2011:
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.
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 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 version the Senate recently passed incorporates technical revisions from the administration of Gov. Chris Christie, who had conditionally vetoed a prior version on March 3. The bill now moves to the Assembly for a vote, which has not yet been scheduled.
Identical Bill: A:3139
Text of Bill
Scheduled for vote in New Jersey Assembly, 5/9/2011:
A-3125: Identical Bill: S-2006 Would prohibit municipal zoning ordinances from regulating solar panels under certain circumstances; limits fees for certain renewable energy installations. The Bill, if adopted in its current form, would prohibit municipalities from charging excessive fees for processing applications for the installation of solar facilities on residential properties, and also from adopting ordinances that regulate the installation of solar facilities on residential properties when certain dimensional and setback limitations are met.
Text of Bill
Special Adoption: Board of Public Utilities, Renewable Energy Portfolio Standards Amount of Renewable Energy Required. N.J.A.C. 14:8-2.2 and 2.3:
New Jersey's Board of Public Utilities has adopted amendments to its Renewable Portfolio Standards ("RPS") Rules at N.J.A.C. 14:8-2, effective March 30, 2011. The RPS Rules require electric power suppliers and basic generation service providers to include minimum percentages of renewable energy in the electricity they sell, with those minimum percentages increasing over time. The RPS Rules specify separate minimums for solar electric generation, class 1 renewable energy, and class 2 renewable energy. Compliance must be demonstrated by either retiring Renewable Energy Certificates ("RECs") or Solar Renewable Energy Certificates ("SRECs") or paying an Alternative Compliance Payment or Solar Alternative Compliance Payment.
The adopted amendments codify new statutory requirements enacted through the Solar Energy Advancement and Fair Competition Act (P.L. 2009, c.289), which require a schedule of gradually increasing solar energy requirements, which are higher than the previous requirements. The new schedule may be reviewed in Table B at N.J.A.C. 14:8-2.3. The adopted amendments were published in the New Jersey Register on May 4 at 43 N.J.R. 1206.
Board of Public Utilities, Renewable Energy and Energy Efficiency Proposed Re-adoption with Amendments and New Rule:
New Jersey Board of Public Utilities is proposing the re-adoption with amendments of its Renewable Energy and Energy Efficiency Rules at N.J.A.C. 14:8, which govern renewable portfolio standards; environmental information disclosures; net metering for class 1 renewable energy systems; qualified offshore wind project; interconnection of class 1 renewable energy systems; appliance efficiency, certification and testing standards; and standard offer contracts.
BPU is currently conducting stakeholder outreach regarding additional amendments to implement the statutory changes, and will initiate rule makings to these amendments in the near future. 43 N.J.R. 1162.
Delaware
Reported out of Senate Finance Committee, 4/14/11:
Senate Bill No. 40: An Act to amend Title 30 of the Delaware Code pertaining to business tax credits and deductions and clean energy technology device manufacturing.
The legislation would modernize the scope of Delaware's primary economic development tax incentive program by including provisions specifically designed to attract manufacturers of advanced clean energy technology power generating devices and systems.
Bill Information Page
Text of Bill
