This bill amends the definition of "inherently beneficial use" under the Municipal Land Use Law (MLUL) to specify that solar and photovoltaic energy facilities or structures located on farmland are not considered inherently beneficial for zoning approvals. Currently, such facilities are included in the definition of inherently beneficial uses, which allows them to presumptively satisfy the criteria for obtaining a use variance even if they conflict with existing zoning plans. The bill aims to exclude these energy facilities from this classification when they are situated on farmland, thereby requiring a more rigorous review process for zoning approvals in these cases.

Additionally, the bill defines "farmland" as land actively devoted to agricultural or horticultural use that is valued, assessed, and taxed under the Farmland Assessment Act of 1964, or was valued, assessed, and taxed in the two tax years preceding the application for development. This change emphasizes the protection of agricultural land by ensuring that the installation of solar and photovoltaic structures does not automatically qualify as beneficial use, which could otherwise undermine agricultural activities. The bill is set to take effect immediately upon passage.