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Legislative & Regulatory Update
New Jersey
Bill Would Limit Inherently Beneficial Use Status
To Exclude Alternative Energy Proposals on Farmland, Open Space
Introduced and referred to Assembly Housing and Local Government Committee, 7/30/2012:
A-3218: The bill would modify the definition of "inherently beneficial use" in the Municipal Land Use Law, [P.L.1975, c.291 (C.40:55D-1 et seq.)] so that wind and solar or photovoltaic energy facilities are no longer considered an Inherently Beneficial Use. This bill would narrow current Inherently Beneficial Use status for wind and solar or photovoltaic energy facilities only to those located on or above a parking lot, rooftop, or brownfield, and not within agricultural land or open space. The modification purports to "restore balance between the State's effort to encourage alternative energy development, and the equally important goal of preserving open space."
Text of Bill
Board of Public Utilities (BPU) Proposes Changes to Rules
On Renewable Energy Connections, Offshore Wind Farms
Proposed regulations deal with how owners of renewable energy sources connect with the regional power grid and get credit for electricity their systems produce.
The proposed rules would permit a renewable generation facility located on a property contiguous to that of the end use customer, or separated by no more than one existing easement, public thoroughfare, or utility or transportation right-of-way, to be considered behind the customer's meter. The renewable energy would be required to be delivered from the generation facility to the end user through facilities owned and operated by an entity other than the electric distribution company (EDC), and place an affirmative responsibility on that entity to comply with all applicable BPU safety requirements.
The renewable generation facility must serve only one net metering customer and each facility on a property must serve a separate net metering customer. Capacity of the generation facility would not be permitted to exceed the electricity supplied to the customer over a historical 12-month period. The effect of the amendments is intended to "expand the definition of renewable energy that is eligible for net metering." Comments may be submitted through October 5, 2012.
Proposed Rule Change Text
News article
Proposed re-adoption of rules, with amendments, would establish a framework for approving projects to build wind farms off the Jersey coast and for Offshore Renewable Energy Certificates (ORECs).
BPU's Offshore Wind Renewable Energy Rules at N.J.A.C. 14:8-6, provide the application and decision making framework for consideration of applications for qualified offshore renewable facilities and Offshore Renewable Energy Certificates (ORECs).The Rules also allow BPU to designate the application windows, to impose appropriate conditions upon any OREC grant, and offshore wind renewable portfolio standards (RPS) requirements. Comments may be submitted through October 19, 2012.
Proposed Wind Farm Rule Change Text
News article
Pennsylvania
Gov. Corbett Signs Law that Promotes Bioenergy Crops
Passed by Senate, 6/20/2012 (47-0); Signed by Governor, 7/5/2012:
HB-608: The new law amends the Surface Mining Conservation and Reclamation Act by directing the Department of Environmental Protection to encourage and promote the use of switchgrass, camelina, canola and other bioenergy crops for the re-vegetation of lands affected by surface mining activities. Bioenergy crops are grown specifically for their fuel value to make biofuels or to use their energy content.
Text of Bill
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