New “Waiver Rule” Should Not Be Used to Shoehorn Development Into Environmentally-Sensitive Sites

In an op-ed entitled “What the Waiver Rule Does – And Doesn’t – Do” published today in the online publication NJ Spotlight, I look at the controversial Waiver Rule, which becomes effective August 1, 2012 and discuss how the rule is designed to balance true hardships and conflicts that block appropriate development and the types of over-reaching projects that are outside of the intent of the Waiver Rule.    In reviewing the New Jersey Department of Environmental Protection’s responses to comments published in the New Jersey Register, one can find comfort in the fact that NJDEP is making it clear that the Waiver Rule will be limited in its application:

As an environmental and land use attorney here in New Jersey, I understand and appreciate the importance of smart growth policies and the need for state government to be vigilant in the protection of our environment. I can also understand why some may exhibit some level of skepticism concerning the Waiver Rule. But as someone who represents clients who navigate these regulatory parameters in order to do business in our state, I recognize the need to have a limited, reasonable degree of flexibility when applying these rules to real world situations.

However, having reviewed the comments to the Waiver Rule as proposed and the department’s responses thereto, it is clear that the Waiver Rule is not intended to and should not be utilized in situations where a waiver would eviscerate the protections that our environmental laws are designed to provide to public health and safety. These situations include allowing over-development within communities susceptible to flooding, permitting burdensome construction projects that foist substantial financial burdens and creating new public safety concerns upon the host municipality or shoehorning residential development projects on existing commercially developed properties which have contamination or wetlands mitigation issues that property owners have failed to adequately address.

In short, the Waiver Rule serves an important role in “making things happen” and helping keep business competitive in an over-regulated state.  However, the NJDEP makes clear, at least in its responses to comments to the rule proposal, that business development should not trump environmental protection.

DCA Commissioner Pens Article on “Life After COAH”

The New Jersey State League of Municipalities recently published the following article by New Jersey Department of Consumer Affairs Commissioner Lori Grifa at the League website that explains how DCA will administer affordable housing in light of Governor Chris Christie’s issuance of a Reorganization Plan which abolishes the Council on Affordable Housing.  

 The article is posted here in its entirety.

NEW JERSEY AFTER COAH

By Lori Grifa, Commissioner, N.J. Department of Community Affairs

On June 29, 2011, Governor Christie issued Reorganization Plan No. 001-2011 which, among other things, abolished the Council on Affordable Housing (COAH).  The Reorganization Plan also was designed to reduce the “unnecessary complexity of affordable housing administration in New Jersey, lower the administrative cost associated with the current regulatory process and streamline the development of new housing projects.”  Recognizing that the N.J. Department of Community Affairs (DCA) was already responsible for providing assistance to municipalities, and operating numerous affordable housing programs, the Plan also acknowledged that the performance of these obligations can be significantly improved and streamlined by consolidating the statutory functions, powers and duties previously conferred upon COAH with those of DCA. 

The Plan became effective on August 29, 2011, in accordance with the provisions of the Executive Reorganization Act of 1969, P.L. 1969, c. 203 (C. 52:14C-1 et seq.).  As a result, the Governor’s Reorganization Plan transferred all functions, powers and duties assigned to COAH in the Fair Housing Act to the Office of the Commissioner of the DCA. 

Upon the effective date, the DCA immediately began to reduce the unnecessary bureaucracy that was COAH’s hallmark by implementing interim procedures designed to create predictability and consistency for municipalities, developers and housing advocates.  These interim procedures, as set forth below, will curb inefficiencies which resulted in unreasonable delays and costs to municipalities and the private sector while promoting the availability of affordable housing throughout the State.  In keeping with the Reorganization Plan, DCA will provide local planning and housing support services to assist municipalities with local planning issues and in the administration and implementation of the Fair Housing Act.  As the DCA continues to take action to increase flexibility and efficiency to foster compliance with the Fair Housing Act, it will move towards greater transparency by posting notices of these actions on the DCA webpage at http://www.nj.gov/dca/services/lps.

So far, the DCA has implemented interim streamlined protocols regarding the following: review of requests for agency action, waivers and motion requests (including public noticing procedures); review and approval of municipal spending plans; review and approval of municipal development fee ordinances; approval of administrative agents and municipal housing liaisons; and approval of affordable housing operating manuals.

Waiver Requests

Municipalities may submit any requests for waivers of regulations in order to expedite the production of housing affordable to low- and moderate-income households.  The new waiver process will permit waiver requests as well as requests for determinations on issues other than a waiver of regulations (motions) to be made electronically, by letter.  Noticing requirements are streamlined via postings on DCA and municipal websites.  Comments on the request will be accepted for two weeks (ten business days) of the posting.  The request and any comments received will then be reviewed and the parties notified of any relief granted.

Review and Approval of Development Fee Ordinances and Amendments

To expedite the review and approval of development fee ordinances and amendments, municipal resolutions requesting review and approval of development fee ordinances or amendments will no longer be required.  To streamline the process, a model development fee ordinance is available on the DCA website.  Ordinances submitted to DCA will be reviewed and the municipality will be notified whether the development fee ordinance or amendment has been approved.

Administrative Agents and Municipal Housing Liaisons

Municipalities will now be permitted to designate or appoint Administrative Agents (AA), Municipal Housing Liaisons (MHL) and RCA Administrators without State approval.  Municipalities need only notify DCA of any new appointments or designations.  DCA will continue to provide ongoing support, education and training to designated appointees. 

Affordable Housing Operating Manuals

Municipalities will no longer be required to receive approval of affordable housing operating manuals.  Revisable model operating manuals are available for download on the DCA webpage at http://www.nj.gov/dca/services/lps and need only be submitted to DCA.  The Department will assist in the creation of operating manuals if requested. 

Spending Plans and Amendments

A municipal resolution requesting review and approval of Spending Plans or Spending Plan amendments will no longer be required.  Municipalities may now simply submit a letter (in hard copy or in an electronic format) making such a request.  The submitted plan will be reviewed expeditiously and the municipality will be notified whether the spending plan or amendment has been approved.  A spending plan model is posted on the agency website to assist municipalities in drafting their spending plans.

Going Forward

The DCA will also offer planning services in order to foster cost-effective strategies and solutions for the land use and administrative goals of local governments.  As part of a comprehensive strategy, this planning assistance will include incorporating the goals of the Fair Housing Act into the pursuit of economic development and strategic planning initiatives while focusing on flexibility and efficiency. 

The local planning services to be offered by DCA will include both general planning and housing support.  The general planning services are available to communities to develop cost-effective strategies and solutions for the successful achievement of local land use and strategic planning goals.  The Department will make multi-disciplinary, professional staff available at no cost to local government entities. Housing support services to be offered will assist municipalities with implementing the Municipal Land Use Law, Fair Housing Act and applicable laws.

This new beginning will present new challenges and opportunities.  As State and local governments move forward, municipalities that previously submitted Housing Elements and housing plans for substantive certification should continue to comply with the requirements of the Fair Housing Act and applicable laws in order to continue to be protected from builder’s remedy litigation.

For a link to the article at the League website, click here.

Governor Christie Releases New Energy Master Plan for New Jersey

Today, Governor Chris Christie unveiled the long-awaited draft Energy Master Plan for New Jersey (all 141 pages of it).  According to the Governor’s statement:

Governor Chris Christie today released the State’s draft 2011 Energy Master Plan (EMP), a greener and more affordable vision for the use, management, and development of energy in New Jersey over the next decade and beyond. The draft EMP establishes a path for the Administration to manage energy in a way that promotes renewable sources of energy, saves money, stimulates the economy and job creation, and protects the environment. 

“This plan represents my Administration’s commitment to changing the way we produce, distribute and use energy as part of a broader emphasis on renewable sources of energy and economic growth,” said Governor Chris Christie. “The EMP supports the development of new energy-related technologies such as fuel cells, off shore wind, and alternatively fueled vehicles while encouraging the developers, providers and support businesses related to these technologies, to locate here in New Jersey.”

Governor Christie continued, “Furthermore, considering our state has some of the highest energy rates in the nation, reducing these rates and making them comparable to costs in other regions and states are important steps in facilitating economic growth and lowering the cost of living for New Jerseyans.”

“This plan supports enhanced reliability, lower energy costs and environmental protection in New Jersey,” said Lee A. Solomon, President of the New Jersey Board of Public Utilities. “It balances the needs of ratepayers with the State’s policy goals of promoting the state’s economic well being while safeguarding its air, water and land.”

The plan encompasses five overarching goals which work to drive down the cost of energy for all customers while promoting clean, environmentally safe renewable sources of energy:

Promoting a Diverse Portfolio of New, Clean, In-State Generation

• Expanding electricity generation resources to improve reliability and to lower costs, consistent with protecting the environment and growing the economy.  Renewable energy resources, distributed generation, and clean conventional generation projects can help New Jersey flourish while protecting the environment.
• Constructing new generation and improving Pennsylvania-New Jersey-Maryland Interconnection, LLC. (PJM) rules and processes;
• Assessing the implications of lost nuclear capacity;
• Expanding Distributed Generation (DG) and Combined Heat and Power (CHP);
• Supporting behind-the-meter renewables;
• Promoting effective use of biomass and waste-to-energy; and
• Promoting the safe expansion of the interstate natural gas pipeline system. 

Creating a Realistic Path to Achieving a Renewable Energy Portfolio Standard of 22.5% by 2021

• New Jersey is committed to meeting the targets for renewable energy production which is an important part of the state’s long-term strategy. 
• Building upon the Christie Administration’s commitment to solar energy for both economic and environmental benefits;
• Expanding implementation of commercial and industrial solar projects;
• Promoting the development of large solar generation projects on brownfield sites and landfills to offset the costs to cap or remediate these sites;
• Promoting development of solar to assist local governments reduce energy costs; and
• Maintaining support for offshore wind by codifying the statutory requirements of the Offshore Wind Economic Development Act (OWEDA). This provides a framework for setting offshore wind renewable energy certificate (OREC) prices and for approving applications to facilitate the financing of offshore wind projects; and
• Saying no to new coal-fired generation in New Jersey.

Rewarding Energy Efficiency, Energy Conservation and Cost Effective Renewable Resources

• New Jersey’s electric ratepayers pay the fourth-highest retail rates in the United States. Focusing on energy efficiency and conservation will help lower costs while promoting environmentally sound energy use at the same time. New Jersey’s array of energy efficiency and conservation programs and CHP programs are a cost-effective way to reduce energy costs and carbon emissions.
• Reducing peak demand and lowering capacity costs;
• Promoting energy efficiency and demand reduction in State buildings;
• Incorporating aggressive energy efficiency in building codes;
• Redesigning the delivery of State energy efficiency programs;
• Monitoring PJM’s Demand Response Initiatives;
• Improving natural gas energy efficiency; and
• Expanding energy conservation education and outreach to assist consumers in reducing usage.

Capitalizing on Emerging Technologies for Transportation and Power Production

• Support the Development of Innovative Energy Technologies. New Jersey has many options to develop new, clean, cost-effective sources of electricity, utilize fuels more efficiently, and decrease reliance on gasoline and diesel fuel as the primary transportation fuels. Not only will new energy technologies reduce emissions of air pollutants and greenhouse gases, but active support of innovative energy technologies will help create jobs and business development across the state. 
  • Improving transportation efficiency;
  • Reducing carbon emissions and pollutants;
  • Using fuel cell technology;
  • Using energy storage technologies;
  • Assessing smart grid demonstrations; and
  • Considering Dynamic Pricing and Smart Metering.

Encouraging Economic Development and Job Growth

• This plan aims to develop and manage energy in a manner that saves money, stimulates the economy and creates high-quality renewable energy industry jobs. 
  • Supporting the development of new energy-related technologies such as fuel cells, offshore wind, and alternatively fueled vehicles;
  • Reducing the cost of energy for all ratepayers (individuals and businesses);
  • Encouraging energy efficiency at all levels (from homeowner to businesses and state government) thus reducing overall energy demand and helping to reduce costs; and
  • Facilitating the development of new and innovative businesses that will provide and support the next generation of energy technologies and related businesses through the New Jersey Business Incubator Network.

The BPU will continue to serve as the lead implementing agency for the Energy Master Plan and will hold three public hearings on the draft EMP. In doing so, the BPU will coordinate with appropriate state agencies, energy providers and other stakeholders; track and report on progress through annual reporting to the Governor and posts to the BPU and EMP websites; and work with the legislature to develop or modify existing and future programs that support these energy goals.

In April 2010, Governor Christie directed the New Jersey Board of Public Utilities to revisit the EMP in light of economic conditions. The process included internal BPU Task Force Meetings, Stakeholder meetings around the state on various issues related to the plan, and extensive consultations with Rutgers University’s Edward J. Bloustein School of Planning and Public Policy, Center for Energy, Economic, and Environmental Policy.

A full copy of the State’s 2011 Draft Energy Master Plan can be found here: http://nj.gov/emp/

Board of Public Utilities Cancels Public Meetings on Revised Energy Master Plan

The New Jersey Board of Public Utilities (“BPU”) issued a statement today cancelling three previously scheduled public hearings regarding revisions to New Jersey’s 2008 Energy Master Plan (“EMP”).  Previously, the BPU postponed the public hearings and issued alternate dates.  In the latest statement, no new dates have been proposed.  The revised EMP has been anticipated for several months and with the cancellation of the public hearings, it is unclear when the public will get its first look at the Christie Administration’s priorities under the latest version of the EMP. 

According to the BPU’s press release:

The previously scheduled dates for public hearings were: May 20, 2011 (Newark), May 25, 2011 (Pomona), and June 1, 2011 (Trenton) with each meeting to begin at 1:00 p.m.

To accomplish its goal of ensuring that New Jersey continues to have reliable energy at reasonable rates, the Board will soon release draft revisions to the 2008 Energy Master Plan (“EMP”) via the BPU website and EMP listserv. The Board is committed to providing information to the public and to making sure that the public has the opportunity to provide input during this process. Throughout the process of evaluating the 2008 EMP and the data assumptions upon which it was based, the Board conducted a series of Stakeholder forums to gain valuable input from all stakeholders. During the process of finalizing the EMP revisions, the Board will hold public hearings concerning the 2011 New Jersey Energy Master Plan. Rescheduled dates will be posted on the BPU website and sent to the EMP listserv.

Any questions or requests to participate in the upcoming Energy Master Plan Public hearing process should be directed to EMPadmin@njcleanenergy.com.

Christie Administration Announces Opening of Application Process for Offshore Wind Projects in New Jersey Waters

In a statement released on Monday, May 16, the Christie Administration reiterated its commitment to “moving New Jersey forward with an economic and environmental agenda that promotes clean and renewable energy.”  Governor Chris Christie announced the opening of the Board of Public Utilities application process for prospective developers of offshore wind projects to be located in New Jersey waters.  This differs from the recent call for nominations for leases through the U.S. Department of Interior, as the project areas are different.

The announcement marks another first in the advancement of offshore wind power in the Garden State.  Governor Christie said, “The wind power movement is providing us with a unique opportunity to advance energy as industry. By doing so, we have the ability to leverage our tremendous resources with ground-breaking technologies, allowing New Jersey to increase its use of renewable energy sources while advancing an industry that will lead to long term job creation.”

To ensure New Jersey’s energy future and strengthen the state’s economy, Governor Christie has worked closely with federal agencies to speed implementation of 1,000 MW of wind turbines; joined with the federal government and fellow East Coast states to establish the Offshore Wind Consortium to promote commercial wind development on the Outer Continental Shelf of the East Coast; and has provided “areas of interest” to the U.S. Department of the Interior which this week issued a “call for nominations” for wind project leases off the Jersey coast, which could lead to construction of wind farms that would make New Jersey a leader in offshore wind energy.

In addition, the Offshore Wind Economic Development Act signed by Governor Christie last year provides financial incentives and tax credits to businesses that construct manufacturing, assembly and water access facilities that support qualified offshore wind projects.  It also authorized creation of an Offshore Wind Renewable Energy Certificate (“OREC”) program and rules that developers must follow to obtain BPU approval, and to receive ORECs. Under these rules, developers are required to submit an application during the application cycle. Once an application is submitted, BPU staff will certify the completeness of the application, at which time the 180 day period to review the application will begin.

Other application information to be submitted for consideration includes: a detailed description of the project, construction plans, financing methods and analysis; proposed OREC pricing methods; a cost-benefit analysis; and operations, maintenance and safety plans. The cost-benefit analysis must demonstrate positive economic and environmental net benefits to the State.

An applicant’s cost-benefit analysis must provide three types of information:

1. An analysis of the potential impacts upon electricity rates of residential and industrial customers, over the life of the project.
2. Impacts on income, employment, wages, indirect business taxes, and output, with a particular emphasis on in-state manufacturing employment; and
3. Net environmental effects of the project.

Applicants must also demonstrate financial integrity and sufficient access to capital to allow for a reasonable expectation of project completion.

The application window, approved this afternoon by the New Jersey Board of Public Utilities (BPU), begins May 16 and closes on June 14, 2011. 

For a link to the press release from the Governor’s Office, click here.

Time of Application Rule is Now The Law

As we noted back on March 1, 2011, the judicially-created “time of decision” rule’s expiration date was coming. 

Effective today, developers may file applications and, with limited exception, get the benefit of the zoning ordinances in effect at the time of filing pursuant to the “time of application” amendment to the Municipal Land Use Law signed on May 5, 2010 by Governor Chris Christie.

For a look at the full text of the law, see: http://njzoningwatch.com/2011/03/01/time-of-application-law-becomes-effective-in-two-months/

Christie Administration Issues Call For Nominations For Offshore Wind Farm Leases

New Jersey is taking another bold step toward becoming a leader in alternative energy, and specifically in offshore wind power generation by issuing a formal request for firms interested in acquiring leases through the federal government for the construction of wind farms off the coast of New Jersey, Department of Environmental Protection Commissioner Bob Martin recently announced.  According to a NJDEP press release:

“Development of clean wind power and solar energy is a key priority for Governor Chris Christie,” said Martin. “This is an important step toward the construction of wind farms off our coast and affirms New Jersey’s role as a national leader in the development of wind and solar energy that will provide needed jobs and economic growth.”

The request, known as a Call for Nominations, is issued through the U.S. Department of Interior’s Bureau of Ocean Energy Management, Regulation and Enforcement (BOEMRE) and is the first step in the commercial renewable energy leasing process. The Call for Nominations will appear in the Federal Register to be published [on April 20, 2011].

Responses will assist the federal agency in determining interest in a proposed leasing area encompassing 418 square nautical miles off the coast between Barnegat Light and Avalon. This leasing area begins seven nautical miles off the shoreline and extends up to 23 nautical miles into the ocean, encompassing 43 entire federal leasing blocks and parts of 34 others.

Responses will inform BOEMRE as to competitive interest for leases, and will assist the agency in determining the next steps in the leasing process for waters off New Jersey.

In 2009, BOEMRE issued Interim Policy leases to Deepwater Wind LLC, Bluewater Wind New Jersey Energy LLC, and Fishermen’s Energy of New Jersey LLC that authorize these companies to install and operate facilities to characterize wind and environmental resources. The Interim Policy leases do not authorize construction. BOEMRE is awaiting the submission of project plans from the applicants.

The leasing area was delineated in consultation with the New Jersey Energy Task Force and BOEMRE, based on extensive environmental data collected during a two-year DEP ecological baseline study of marine and avian resources.

Under Governor Christie, the state has developed a number of proactive laws and policies to foster the development of renewable energy, including the Offshore Wind Economic Development Act, which the Governor signed into law last year.

 This law authorizes creation of an Offshore Wind Renewable Energy Certificate (OREC) program and makes available financial assistance and tax credits from existing programs for businesses that construct, manufacture, assemble and provide water access facilities to support the development of qualified offshore wind projects.

The state has identified nearly 500 companies that could become involved in the development of wind power through the construction and assembling of turbines. The Christie Administration also has been working closely with local officials to redevelop the Port of Paulsboro as a hub for companies needed to provide and construct wind projects.

The Call for Nominations is available through the Federal Register website: www.archives.gov/federal-register/public-inspection/index.html

Nominations, comments and information may be submitted electronically at www.regulations.gov. In the entry titled “Enter Keyword or ID,” enter BOEM-2011-0005. Click “search.” Follow the instructions to view supported materials and submit comments. BOEMRE will post all comments online.

Comments, nominations and information may also be sent to: Bureau of Ocean Energy Management, Regulation and Enforcement, Office of Offshore Alternative Energy Programs, 381 Elden Street, Mail Stop 4090, Herndon, VA 20170.

A map of the leasing area and boundary coordinates may be found at:
www.boemre.gov/offshore/RenewableEnergy/StateActivities.htm#New_Jersey

For a copy of the Offshore Wind Economic Development Act, click here.

For a story about the likelihood of the first offshore wind farm in the country being located off the New Jersey coast, see  Offshore wind farm near Atlantic City gets green light

NJDEP Trying to “Get The Word Out” on SRRA, LSRP Program

Recently, the New Jersey Department of Environmental Protection’s Site Remediation Program (SRP) distributed an information package about SRRA and the LSRP program, via email, to a broad list of groups, associations, and news outlets across the state. The email contained several items including a brief written overview of the program, a quick reference guide and a power point sideshow. SRP asked the email recipients to share the attached materials with their members and constituents to help get the word out about SRRA and the LSRP Program.

These materials are posted on the Department’s Web site at http://www.nj.gov/dep/srp/srra/lsrp/lsrp_program_overview.htm

NJDEP Announces “Common Sense” Waiver Rules

On Wednesday, March 9, 2011, the New Jersey Department of Environmental Protection (“DEP”) announced a rule proposal “to enable it to remove unreasonable impediments to economic growth while ensuring net environmental benefit for the state.”  The rule would permit the DEP to “waive strict compliance with regulations in certain limited circumstances that do not compromise protections for the environment or public health.”  The rule proposal is intended to respond to Governor Chris Christie’s Executive Order No. 2 that seeks to establish “Common Sense Principles” to govern New Jersey.

According to the DEP’s news release:

The DEP would consider a waiver application only if one or more of the following conditions exists:

• Conflicting rules – The requirement sought to be waived conflicts with another Department or other State or Federal agency rule
• Unduly burdensome – Strict application of a rule creates an exceptional and undue hardship (similar to criteria for local zoning variances), or where another method of compliance would have the same or better results but at a significantly lower cost
• Net environmental benefit – The environment would be enhanced by a project enabled by the waiver; mitigation would be allowed to be considered
• Public emergency – DEP must waive a rule to respond to an emergency

“This proposal would not allow waivers to be routinely or commonly granted,” said Commissioner Martin. “The application of any waiver must be site- and fact-specific. It cannot compromise protections for the environment or public health. In fact, most waivers will result in greater net environmental benefit for New Jersey.”

Under the rule, the DEP would consider whether a proposed waiver is consistent with the Department’s core mission; whether the waiver is consistent with the intent of any underlying statute; whether the site is a redevelopment or brownfield; and/or whether a net environmental benefit would be achieved by granting the waiver.

A waiver would not be granted in any case inconsistent with any State or Federal laws, regional air agreements, emissions trading programs, or health and safety standards. Permit fees also cannot be waived. The review process would be transparent: all applications to and approvals by DEP would be publicly noticed.

When promulgating its rules, the Department cannot anticipate every circumstance or personal hardship that may exist. The standards of each chapter are designed to capture nearly all situations that could come before the DEP. Strict compliance with a regulatory provision can, in some limited circumstances, lead to unreasonable, unfair and unintended results, which can adversely affect not only prospective applicants, but also the public and the environment.

A public hearing is scheduled for April 14, 2011 at 3 p.m. at the DEP’s public hearing room at 401 East State Street in Trenton.  Comments may be submitted up to and including May 6, 2011.

For a link to the proposed rule, click here.

For a link to the Star Ledger article regarding the proposed rule, click here.

New Technology Could Make Monopoles As Relevant as VCRs

Monopoles - Soon To Be An "Endangered Species"?

Interesting article on the front page of the Star Ledger yesterday that municipal officials, engineers, planners and attorneys should take note of (and that wireless providers are already inquiring about).  It seems that Bell Labs in the Murray Hill section of New Providence, New Jersey has developed a hand-held cube containing multiple 2 inch sized circuit boards that one day could supplement or replace the monopoles that are now critical for connectivity of wireless service. . . .

They tower over the landscape, sometimes disguised in a way that does not fool anyone.

Big trees that look so fake, they are derided as “Frankenpines.” Flagpoles that soar higher than any flag would warrant. Or unadorned towers that offer absolutely no pretense as to their purpose.

But a day could soon come when those sky-high, unsightly cell phone towers that litter the countryside may be replaced with something no bigger than a Rubik’s cube.

Called the lightRadio cube, the new device developed by Bell Labs in Murray Hill is generating major buzz by cell phone carriers around the world.

“The lightRadio could radically transform the model for wireless networks and could actually change the way the wireless industry operates,” predicted Dan Hays, a telecommunications consultant with PRTM in Washington, D.C.

Cell phone antennas now must be large and high because they rely on sending signals down and outward like an umbrella. But officials at Alcatel-Lucent, where Bell Labs is located, said the lightCube directs cell phone signals more directly using far less power, while handling as much as 30 percent more capacity than current cell phone towers.

For the full article, click here: http://www.nj.com/news/index.ssf/2011/03/monmouth_county_inventor_says.html