New Jersey Zoning Watch

A law blog on New Jersey land use issues

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    Welcome to New Jersey Zoning Watch, hosted by the law firm of Florio, Perrucci, Steinhardt & Fader LLC. The purpose of New Jersey Zoning Watch is to provide current information on land use, affordable housing, redevelopment, alternative energy and environmental issues confronting the State of New Jersey.

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Archive for the ‘Alternative Energy’ Category

Governor Christie Releases New Energy Master Plan for New Jersey

Posted by Phil Morin on June 7, 2011

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/

Posted in Alternative Energy, Environmental Issues, Green Legislation, New Jersey Government | Leave a Comment »

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

Posted by Phil Morin on May 17, 2011

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.

Posted in Alternative Energy, Environmental Issues, Master Plan Review, New Jersey Government | Leave a Comment »

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

Posted by Phil Morin on May 16, 2011

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.

Posted in Alternative Energy, Environmental Issues, Green Legislation | Leave a Comment »

Christie Administration Issues Call For Nominations For Offshore Wind Farm Leases

Posted by Phil Morin on April 30, 2011

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

Posted in Alternative Energy, Environmental Issues | Leave a Comment »

New Jersey Future’s 2011 Redevelopment Forum Set for March 4 in New Brunswick

Posted by Phil Morin on February 18, 2011

New Jersey Future’s 2011 Redevelopment Forum will be held on Friday, March 4 at the Hyatt Hotel and Conference Center in New Brunswick, New Jersey. To register at the early-bird rate of $85 for New Jersey Future members and $125 for non-members click here (NJF also accepts purchase orders).  After Feb. 18, admission is $100 for New Jersey Future members and $140 for non-members. NJF has also applied for 5.5 AICP Certification Maintenance (CM) credits and will be applying for CLE Credits. If you have any questions, please contact Marianne Jann at 609/393-0008, ext. 101.

Florio Perrucci partners Governor James J. Florio, and Philip J. Morin III will each be serving as panelists at the Forum and the firm will be a co-sponsor of the cocktail reception following the Forum.  Details of the panels are below:

Renewables and Redevelopment? Balancing Redevelopment with Green Energy Production  –  Should spaces like brownfields and landfills be used as solar panel “fields”? Or should they be redeveloped with offices, housing, and transit? Is there a way to make both possible? This panel will highlight recent case studies in Trenton and Jersey City, and look at the types of ordinances communities are putting in place to allow these projects.

Panelists:

  • Michele N. Siekerka, Esq., Assistant Commissioner for Economic Growth and Green Energy, New Jersey Department of Environmental Protection (Moderator)
  • Governor James J. Florio, Founding Partner, Florio, Perrucci, Steinhardt & Fader
  • Alfred Matos, Vice President – Renewables and Energy Solutions, PSE&G
  • George Vallone, President, Hoboken Brownstone Company

Areas in Need of Rehabilitation: Exploring the Potential and Limitations  – The successful redevelopment of an area does not always have to involve the acquisition, clearance and assemblage of multiple properties for new buildings and uses. In many cases, the designation of an “area in need of rehabilitation” may be the a better option. In this session, speakers will explore the tools available to towns with this designation, its limitations as well as strategies for using the area- in-need-of rehabilitation designation as part of a broader revitalization strategy.

Panelists:

  • Philip J. Morin III, Esq., Partner, Florio Perrucci Steinhardt & Fader (Moderator)
  • Anne Babineau, Esq., Partner, Wilentz, Goldman & Spitzer, P.A
  • Marta Lefsky, Director of Planning & Development, Woodbridge Township
  • Raymond McCarthy, Mayor, Town of Bloomfield
  • David G. Roberts, AICP, PP, LLA, RLA, LEED-AP, Department Manager, Maser Consulting PA

Posted in Alternative Energy, Eminent Domain, Environmental Issues, Redevelopment, Transportation | Leave a Comment »

Bills Mandating Public Charging Stations On Toll Roads, In New Shopping Center Developments, Advancing in Legislature

Posted by Phil Morin on February 15, 2011

Two bills to promote the development of public charging stations for electric vehicles are advancing in the legislature.  One bill, S2603, requires the Department of Transportation to install charging stations along toll roads such as the New Jersey Turnpike, Garden State Parkway and Atlantic City Expressway.  The bill does provide for recouping cost of delivery from motorists, but no fiscal analysis appears to be publicly available, either for potential charges to motorists or to the ultimate cost of development and installation of the charging stations, although the article cited below does provide some estimated costs.   

According to the bill, “The authority shall determine, in consultation with the Board [of Public Utilities] the costs to the authority associated with the installation of, and provision of electricity through, the electric vehicle charging stations, and shall recover such costs from motorists who use the stations, in proportion to their use.”

A second bill, A3647, requires developers of new shopping centers which contain 100 or more parking spaces to install charging stations in a minimum of five (5) percent of the parking spaces as part of the development.   The Assembly Appropriations Committee Statement addresses recovery of costs as follows:  “The bill directs the Board of Public Utilities to set the maximum price the charging station owners may charge, and the Division of Taxation will promulgate regulations to enforce that limitation and will enforce rules concerning the posting of prices by shopping center owners. Note that this regulatory scheme is similar to the Division of Taxation regulation of the retail sale of motor fuels pursuant to N.J.S.A.56:6-1 et seq.”   

The Star Ledger reports today on the progress of both bills:

Electric vehicles get only so much mileage out of a full battery charge, and motorists can’t depend on the same outlets that power their cell phones or laptops. All that raises the question of public charging stations, which New Jersey legislators have been considering as a new lineup of hybrids and all-electric models heads to dealerships.

“The biggest issue with electric vehicles is clearly the range-anxiety problem,” said Jesse Toprak, an auto industry analyst at TrueCar.com. “Either the battery range needs to get longer, or you need to have a good network of charging stations that is practical and easily accessible.”

One bill to set up charging stations along New Jersey’s toll highways cleared a Senate committee 3-2 Monday.

Legislators and environmentalists said public charging stations are key to cutting pollution, reducing U.S. foreign-oil dependency, and stimulating electric car sales. The stations would be built on parking lots in all but one of the service areas on the New Jersey Turnpike, the Garden State Parkway and the Atlantic City Expressway.

“There are very large numbers (of cars) being produced obviously with the expectation that they’re going to be bought, so we need to be prepared,” said Sen. Linda Greenstein (D-Middlesex), the bill sponsor.

Transit officials estimated each station would cost more than $5,000 to build, and while they supported the idea behind the bill, they raised concerns about investing up-front and recovering costs from drivers, as the bill currently stipulates.

Greenstein told the Environment and Energy Committee she is looking for other ways to fund the project, and legislators urged her to seek federal funds or private investment. She hopes to bring the finished bill (S2603) to the Senate floor within months.

Assembly Majority Leader Joseph Cryan (D-Union), who is sponsoring the bill in his chamber, said an amendment currently in the works would lower the required number of charging stations per service area, which would drive costs down. He also said the price per station comes down to $1,250 with a federal tax credit.

“After tax credits, it’s extremely manageable,” he said.

Another bill pending in the Assembly (A3647) would require any new shopping centers to provide the same kind of charging stations in their parking lots. Under that bill, the Board of Public Utilities would set pricing standards for the shopping centers.

At the Senate committee hearing, environmentalists praised Greenstein’s bill and encouraged transit authorities to pay for it. Jeff Tittel of the Sierra Club said at least 10 all-electric and 10 hybrid models are coming out in the next two years.

“The Turnpike Authority is widening roads, they have plenty of money for that, but they should have some money for green technology as well,” he said. “The cars are coming. We need to get that infrastructure moving.” //

 To view S2603, click here.

To view A3647, click here.

Posted in Alternative Energy, Green Legislation, Transportation | Leave a Comment »

BPU Explains Freeze On Solar Rebate Applications

Posted by Phil Morin on May 12, 2010

The New Jersey Board of Public Utilities through the Office of Clean Energy has issued a statement on the OCE’s home page explaining the status of applications for solar rebates:

Renewable Energy Incentive Program (REIP) Funding Cycle 2, which opened on May 3, 2010, is now closed due to an unprecedented number of applications submitted.  The Funding Cycle budgets were established for each budget category to spread available rebate funding over the three four-month funding cycle periods. In just three days, an entire cycle worth of applications were submitted for residential and nonresidential solar projects through the Renewable Energy Incentive Program.  On the first business day of Funding Cycle 2, the program received over 1110 applications.  The 2010 New Jersey Clean Energy Budget, as approved by the Board of Public Utilities on December 16, 2009, provided budgets to three funding cycles in 2010.

New Jersey has one of the fastest growing market for solar photovoltaics in the United States and is one of the largest states in terms of installations and installed capacity, second only to California. Established in 2001, with only 6 solar installations in the state, New Jersey has established a model program and integrated approach to solar development that includes: A strong Renewable Portfolio Standard (RPS) with a solar electric set-aside that has helped create sustainable demand and investor confidence in the market; excellent interconnection and net metering standards that have made it easier for systems to connect to the distribution system and be compensated for their contribution, and an SREC financing model that provides energy credits and additional long term financing for those who invest in solar.  Today more than 5200 solar projects exist throughout the state.

The program’s budget is being reviewed to support rebate applications received prior to the posting of this notice.  Applications are being reviewed for completeness in the order in which they were received.  Customers submitting applications after the posting of this notice (May 11, 2010), and incomplete or illegible applications will be returned to the applicant without exception and funds will not be reserved. 

The Office of Clean Energy anticipates having a recommendation for consideration of additional funding or potential program changes at the June 7th board meeting.  Please check this website on a weekly basis for updates and additional information.  Funding cycle three is planned to open on September 1, 2010.  

Please cease from submitting applications for rebated residential and nonresidential solar systems under the REIP until further notice. New Jersey’s Clean Energy Program will continue to accept and approve rebate applications for wind and biopower projects and SREC Registration.

For more information, visit the Office of Clean Energy home page at http://www.njcleanenergy.com/

Posted in Alternative Energy, Environmental Issues | Leave a Comment »

NJBPU Halts Solar Rebate Program Until September

Posted by Phil Morin on May 11, 2010

Updated 5-12-10:  NJ.com has provided more information about the phasing of rebates for solar installation.  See http://www.nj.com/news/index.ssf/2010/05/nj_halts_accepting_new_solar_p.html

The New Jersey Board of Public Utilities has confirmed that it stopped accepting new applications for its solar rebate program and will not take new applications until September 1 as funding for the rebate program is currently depleted.

According to a Star Ledger report:

On April 1, the BPR stopped taking applications because the money allotted through April 30 had been used up.

When applications began being accepted again on May 3, some people were camping out to turn theirs in early. That day, more than 1,100 applications were submitted. Since then, another 125 have rolled in.

So the BPU decided today to cut off new requests again until Sept. 1.

Posted in Alternative Energy, Environmental Issues, Green Legislation | 2 Comments »

Solar Panels Do Not Constitute Impervious Cover Under New Law

Posted by Phil Morin on April 22, 2010

 On Thursday, legislation designed to make it easier for both homeowners and businesses to install clean-energy producing solar panels was signed into law by Governor Chris Christie.  Specifically, S-921 amends a number of laws, including the the Municipal Land Use Law, Highland Act, Pinelands Act, and legislation relating to various NJDEP approvals, including coastal development permits, to exempt solar panels from being considered as “impervious cover” or “impervious surface.”  This legislative change is significant as local zoning laws typically set maximum impervious surface or coverage percentages and municipal and state agencies have been inconsistent in determining whether solar panels should constitute an impervious surface. 

According to a release from two of the primary sponsors, Senator Bob Smith (D-Middlesex, Somerset) and Senator James Beach (D-Camden):

Currently, there are numerous state laws and regulations that prohibit what is known as “impervious cover” or “impervious surface” from covering large expanses of a given property. Impervious surfaces or cover can be anything such as driveways, homes, pavement or any other cover that prevents water from being absorbed into the ground, thereby preventing aquifers from being replenished and causing run-off, soil erosion, flooding and other environmental hazards.

The new law (S-921) will exempt solar panels from being considered “impervious cover” because they are elevated panels that do not completely cap the ground and prevent water absorption. The exemption will allow for the development of solar panels in various protected areas where they are currently prohibited such as the Pinelands, the Highlands, coastal and waterfront areas, and other areas protected by the Municipal Land Use Law.

Following the bill signing, Governor Chris Christie commented on the new law: “There is a balance to be struck between responsible land-use law and well-intended but burdensome restrictions that do more harm than good,” Governor Christie said. “This legislation removes the regulatory burden, serves our environment by expanding renewable energy assets and serves the economy by creating demand for solar panel production.” 

Other Republicans also eagerly supported the legislation:

“Most people don’t realize that New Jersey is one of the largest and fastest growing solar energy producers in the country,” said primary sponsor State Senator Jennifer Beck (R-Monmouth). “While there is a growing demand from homeowners, farmers and the business community to install solar panels on their properties, many have found a patchwork of conflicting laws and regulations that have prevented clean energy installations. This legislation removes a major obstacle that has prevented our state’s growth in solar energy.”

Municipalities and environmental regulators have been inconsistent in their determination of how ground-level solar panel arrays should be considered for zoning purposes and compliance with environmental regulations, with some designating the structures as impervious surfaces. This designation has prevented some proposed solar energy installations from being built.  The legislation, S-921, specifically exempts solar panel installations from being considered an impervious surface cover.

“This legislation will ensure that solar panels are considered in a uniform manner for zoning and environmental purposes, which will eliminate confusion and speed the adoption of clean energy in New Jersey,” said Assemblyman Declan O’Scanlon (R-Monmouth), a co-sponsor of the legislation.

“There’s no reason the Garden State cannot become the biggest producer of clean solar energy in the nation,” added Assemblywoman Caroline Casagrande (R-Monmouth).

In addition to signing this legislation on Earth Day, Governor Christie has been promoting his energy policy all week, as noted in a release from the Governor’s Office regarding a recent Board of Public Utilities conference on sustainability.  For the release, click HERE.

Posted in Alternative Energy, Environmental Issues, Green Legislation, Highlands, Pinelands | Leave a Comment »

NJ Senate Votes To Reduce Restrictions on Land-Based Wind Turbines in AC

Posted by Phil Morin on February 22, 2010

Star Ledger File Photo

The New Jersey State Senate voted on Monday, February 22 in favor of S-212, which allows an exception to New Jersey Department of Environmental Protection (“DEP”) regulations prohibiting the placement of wind turbines within 500 feet of a mean water line, provided it is constructed in a municipality “in which casino gaming is authorized” (i.e., Atlantic City).

According to the Star Ledger report

Current DEP restrictions prohibit wind turbines within 500 feet of a mean high water line, but a bill the Senate approved today would roll back that rule for Atlantic City.   The bill, which the Senate passed 39-0, would allow turbines to be built on a city pier in the 12 months after the law was enacted. 

“If we expect to maintain our place as a leader in renewable energy, this project will be key to helping New Jersey explore new locations for wind-powered sources” said Sen. Jim Whelan (D-Atlantic), the bill’s sponsor. “The Steel Pier in Atlantic City is an ideal test site for what will hopefully be other future projects of this kind along New Jersey’s coast.” 

The bill must be approved by the Assembly and signed by the governor before it becomes law.

Posted in Alternative Energy, Environmental Issues, Green Legislation | Leave a Comment »