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Legislative & Regulatory Update
New Jersey
Christie Administration Releases Final New Jersey Energy Master Plan
Gov. Chris Christie says the Energy Master Plan (EMP) strategically balances development of new sources of clean energy, including natural gas, with renewables. The EMP, "which provides a vision for the use, management, and development of energy in the state, builds upon the Governor's efforts to make New Jersey the largest and fastest-growing solar energy market in the United States by supporting the industry's growth and encouraging private investment in the industry," according to a news release.
Governor's Office news release
2011 New Jersey Energy Master Plan News Story (Star-Ledger)
Bill Promoting Solar in Pinelands, on Landfills Headed for Governor's Signature
Passed by the Assembly, 12/5/2011 (75-2-2); (Passed by Senate 4/28/2011, 33-0)
S-2126 (Substituted for A-3139): The bill 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. It 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. Poised for signature by Gov. Christie, the legislation incorporates technical revisions from his administration set forth as part of the Governor's March 3 conditional veto of a prior version.
Approved by Assembly, Farm-Based Wind Energy Bill Moves Through Senate Reported from Assembly Housing and Local Government Committee as a substitute, 11/21/2011; Passed by the Assembly, 12/5/2011 (45-25-5)
A-3992 (Identical Bill S-2887, Reported from Senate Environment and Energy Committee as a Substitute, 12/1/2011): The bill would establish a new category of farmland-based wind energy generation projects on certain farms providing that the criteria within the bill are met. The bill would also amend the Municipal Land Use Law to provide that such a project would be deemed a permitted use and application for its development would be for minor site plan approval, with no requirements for notice and public hearing. The scope of the review of the minor site plan would be limited to the criteria listed in the bill.
Assembly Committee Statement
Text of Bill
Adopting Gov. Christie's Conditional Veto Recommendation, Assembly Approves Hydro, Solar Bill Passed by the Assembly, 12/5/2011 (71-5-2) A-2529 (Identical Bill S-2306): The bill, among other things, would add hydropower facilities to the definition of Class I Alternative Energy systems and also would require BPU review, prior to connection to electric distribution systems, for all solar facilities greater than 10 megawatts in capacity that are not net metered or on site generation systems. In accordance with the Governor's recommendations outlined in his conditional veto statement of 3/3/2011, the amended version eliminates an exception to the BPU review requirement for any solar facilities that have received Federal Economic Stimulus grants. Text of Bill
Amended Renewable Energy System Tax Bill Heads to Assembly Appropriations Committee Recommitted to Assembly Appropriations Committee, 11/28/2011: A-3893 (Identical Bill S-2888, passed by Senate 6/29/2011): Would establish uniform real property taxation for commercial renewable energy systems and eliminate municipal construction permit fees for non-commercial renewable energy systems. Under the bill, property that has been certified by a local enforcing agency as a commercial renewable energy system would be exempt from property taxation, and would instead be subject to a uniform tax rate. The assessed value for taxation purposes would equal the assessed valuation of the real property without the commercial renewable energy system included, with additional tax due for the commercial renewable energy system calculated at a uniform rate of $7,000 for each 1,000 kilowatts of direct current capacity, or its equivalent, for the first year of commercial operation of the system, increasing by one percent in each subsequent year of commercial operation and until decommissioning of the system. Text of Bill Assembly Amendment Statement Bill History & Information Page After Assembly Vote, Governor to Get Bill Creating Local Collaboratives to Sell Renewable Energy Passed by the Assembly, 12/5/2011 (46-33) A-915 (Substituted by S-463, passed by Senate 6/29/2010, 26-10): The legislation authorizes creation of local renewable energy collaboratives (LRECs) and central renewable energy generation systems (CREG systems), and provides for the sale of renewable power generation. It directs the New Jersey Board of Public Utilities (BPU) to adopt standards requiring electric public utilities to offer nondiscriminatory rates to customers who are members of an LREC, which is a limited liability corporation or other legal entity consisting of a group of customers who share the output of CREG systems, which are defined as Class I renewable energy generation systems. Text of Bill Bill History & Information Page Bill Authorizing Municipalities to Operate Local Energy Systems Moves Forward in Senate Reported from Senate Environment & Energy Committee as a substitute; Referred to Budget & Appropriations Committee, 12/1/2011: S-2196 (Substituted by A-3142, passed by Assembly 52-25, 10/25/2010): The bill authorizes municipalities to create a local government renewable energy generation entity (LGREG entity), a subdivision, office, or department of an eligible municipality, or a legal entity created by a municipality and licensed by the BPU to oversee the establishment, installation, and operation of an approved central renewable energy generation system ("CREG system"). The legislation authorizes LGREG entities to undertake demonstration projects and directs the BPU to adopt standards requiring electric public utilities to offer non-discriminatory rates to eligible municipalities that have established an LGREG entity. The bill would allow the government entity to purchase power from a CREG system to meet electricity needs, with additional power sold to the regional grid. Senate Committee Statement Text of Bill |