The "Restore Local Offshore Wind Control Act" establishes that the construction of offshore wind project infrastructure requires the approval of local governmental units, emphasizing the significance of local governance in decisions that impact residents. Developers must secure written consent from the local governing body before initiating any construction or maintenance activities related to offshore wind infrastructure. Additionally, if developers need easements or rights-of-way on local government property, they must file a petition with the Board of Public Utilities (BPU), which is mandated to conduct a public hearing to gather community input before making a determination.
The bill also amends existing legislation regarding the application process for offshore wind projects, requiring a detailed project description, financial analysis, and a comprehensive cost-benefit analysis to be submitted to the BPU. Notably, the term "aides" has been replaced with "aids" in the project description requirements. The BPU is tasked with ensuring that applications align with the state's energy master plan and provide positive economic and environmental benefits. Furthermore, the bill repeals certain provisions from P.L.2021, c.178, which previously allowed the BPU to approve easements and rights-of-way without local government consent, thereby reinstating local control. Developers are held accountable for all costs associated with the review and approval process, reinforcing their responsibility to local communities and state regulations.
Statutes affected: Introduced: 48:3-87.1