Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)
SYNOPSIS
Increases amount of solar energy generation on lands eligible for farmland assessment under certain conditions; revises law concerning solar energy generation on preserved farmland; directs BPU to provide certain incentives to dual-use solar projects on unpreserved farmland.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of agricultural lands for certain energy generation, supplementing P.L.1983, c.31 (C.4:1C-1 et al.) and P.L.1964, c.48 (C.54:4-23.1 et seq.), and amending P.L.2009, c.213, P.L.1999, c.23 and P.L.2018, c.17.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. Notwithstanding the provisions of any law, rule, or regulation to the contrary, a person who owns unpreserved farmland that is valued, assessed, and taxed pursuant to the Farmland Assessment Act of 1964, P.L.1964, c.48 (C.54:4-23.1 et seq.), may construct, install, and operate a dual-use solar energy project on the farmland, provided that:
(1) the owner of the unpreserved farmland obtains the approval of the Department of Agriculture, in addition to any other approvals that may be required pursuant to State or local law, rule, regulation, or ordinance, prior to the construction of the dual-use solar energy project;
(2) the capacity of the dual-use solar energy project is less than 10 megawatts of power;
(3) the dual-use solar energy project is not located:
(a) on preserved farmland;
(b) within the preservation area of the pinelands area, as designated in subsection b. of section 10 of P.L.1979, c.111 (C.13:18A-11);
(c) with an area designated as forest area in the pinelands comprehensive management plan adopted pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.);
(d) in a freshwater wetland as defined pursuant to P.L.1987, c.156 (C.13:9B-1 et seq.), or a coastal wetland as defined pursuant to P.L.1970, c.272 (C.13:9A-1 et seq.); or
(e) within the Highlands preservation area as designated in subsection b. of section 7 of P.L.2004, c.120 (C.13:20-7);
(4) the owner of the land has filed a conservation plan with the soil conservation district to account for the aesthetic, impervious coverage, and environmental impacts of the dual-use solar energy project, including, but not limited to, water recapture and filtration, and the conservation plan has been approved by the district;
(5) the project complies with the agricultural management practices adopted by the State Agriculture Development Committee pursuant to section 3 of P.L.2009, c.213 (C.4:1C-9.2) and the rules and regulations adopted pursuant to subsection d. of this section; and
(6) the owner of the land, or the person undertaking the dual-use solar energy project, as applicable, obtains all necessary permits and other approvals as may be required pursuant to federal, State, or local law, rule, regulation, or ordinance.
b. A landowner shall submit an application for approval by the Department of Agriculture before constructing, installing, and operating a dual-use solar energy facility as allowed pursuant to subsection a. of this section. The Department of Agriculture, in consultation with the Board of Public Utilities, shall, within 90 days after receipt, approve, disapprove, or approve with conditions an application submitted for the purposes of subsection a. of this section.
c. The Department of Agriculture may suspend or revoke an approval issued pursuant to this section for a violation of any term or condition of the approval or any provision of this section.
d. The Department of Agriculture, in consultation with the State Agriculture Development Committee, the Board of Public Utilities, and the Department of Environmental Protection, shall adopt, pursuant to the Administrative Procedure Act, P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of this section, including but not limited to (1) the process by which a landowner may apply for the approval required pursuant to this section, and the establishment of reasonable application fees to pay for the cost of review of the application, and (2) provisions prescribing standards concerning impervious cover which may be permitted in connection with dual-use solar energy projects authorized to be constructed, installed, and operated on unpreserved farmland pursuant to this section.
e. The Board of Public Utilities shall provide technical assistance and support to the Department of Agriculture concerning the department s responsibilities pursuant to this section.
f. As used in this section:
Dual-use solar energy project means the energy generation facilities, structures, and equipment for the production of less than 10 megawatts of electric power from solar photovoltaic panels located on land in agricultural or horticultural production that allow the continued use of the land below the panels to simultaneously be used for agricultural or horticultural production.
Preserved farmland means the same as the term is defined in section 4 of P.L.2009, c.213 (C.54:4-23.3c).
Unpreserved farmland means any land that is valued, assessed and taxed pursuant to the Farmland Assessment Act of 1964, P.L.1964, c.48 (C.54:4-23.1 et seq.), and is not preserved farmland.
2. (New section) a. No land used for a dual-use solar energy project constructed, installed, and operated pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be considered land in agricultural or horticultural use or actively devoted to agricultural or horticultural use for the purposes of the Farmland Assessment Act of 1964, P.L.1964, c.48 (C.54:4-23.1 et seq.), except as provided in this section.
b. Land used for a dual-use solar energy project constructed, installed, and operated pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) may be eligible for valuation, assessment, and taxation pursuant to P.L.1964, c.48 (C.54:4-23.1 et seq.), provided that:
(1) the dual-use solar energy project is located on unpreserved farmland that is continuing to be in operation as a farm in the tax year for which the valuation, assessment and taxation pursuant to P.L.1964, c.48 (C.54:4-23.1 et seq.) is applied for;
(2) in the tax year preceding the construction, installation, and operation of the dual-use solar energy project, the acreage used for the dual-use solar energy project was valued, assessed, and taxed as land in agricultural or horticultural use;
(3) the land on which the dual-use solar energy project is located continues to be actively devoted to agricultural and horticultural use, and meets the income requirements set forth in section 5 of P.L.1964, c.48 (C.54:4-23.5);
(4) the approval issued for the dual-use solar energy project by the Department of Agriculture pursuant to section 1 of P.L. , c. (C. ) (before the Legislature as this bill) has not been suspended or revoked; and
(5) all o