Bill Text: NJ A2565 | 2018-2019 | Regular Session | Introduced
Bill Title: Permits construction of electric transmission and distribution lines on certain areas of preserved farmland under certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-01 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A2565 Detail]
Download: New_Jersey-2018-A2565-Introduced.html
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
Permits construction of electric transmission and distribution lines on certain areas of preserved farmland under certain circumstances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the construction of electric transmission and distribution lines and supplementing P.L.1983, c.32 (C.4:1C-11 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any provision of the "Agriculture Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et seq.), any other law, rule, or regulation concerning the preservation of farmland, or any development easement held for the purpose of farmland preservation, to the contrary, a person who owns preserved farmland may dispose of or divert a portion of that land to an electric public utility for the construction and operation of an electric transmission or distribution line, provided:
(1) the portion of preserved farmland subject to disposal or diversion is already subject to an existing utility easement held by the electric public utility for the operation of an existing electric transmission or distribution line;
(2) the portion of preserved farmland to be disposed of or diverted pursuant to this section is adjacent to the existing utility easement held by the electric public utility, except as provided in subsection d. of this section;
(3) the electric public utility obtains the determination from PJM Interconnection, L.L.C., or the Board of Public Utilities required by subsection b. of this section;
(4) the electric public utility provides compensation to the owner of the preserved farmland and to the owner of the development easement as provided in subsection e. of this section;
(5) the portion of preserved farmland disposed of or diverted pursuant to this section is the minimum width necessary to meet federal and State safety standards;
(6) the construction and operation of the electric transmission or distribution line will not interfere with use of the remaining area of the preserved farmland for agricultural production;
(7) construction and operation of the electric transmission or distribution line will not have an adverse impact upon the soils, water resources, air quality, or other natural resources of the preserved farmland or the surrounding area;
(8) the electric public utility obtains all other necessary permits and approvals that may be required by federal, State, or local law, rule, regulation, or ordinance;
(9) upon completion of construction of the electric transmission or distribution line, the electric public utility restores all land disturbed by the construction as nearly as possible to its pre-construction condition, and returns all land not necessary for the operation of the electric transmission or distribution line to the owner for agricultural use; and
(10) the portion of preserved farmland not subject to the disposal or diversion shall remain an agriculturally viable parcel, in the farmland preservation program, and be subject to all the requirements of the "Agriculture Retention and Development Act."
b. An electric public utility seeking to construct an electric transmission or distribution line on preserved farmland pursuant to this section shall first obtain a determination from PJM or the Board of Public Utilities, as appropriate, that the electric transmission or distribution line would: (1) fulfill a compelling public need by mitigating a hazard to the public health, safety, or welfare; or (2) yield a significant public benefit by improving the delivery of essential services to the public.
c. A person seeking to dispose of or divert a portion of preserved farmland pursuant to this section, together with the electric public utility, shall apply for and obtain the approval of the State Agriculture Development Committee, in a form and manner as prescribed by the committee. The committee, in consultation with the owner of the development easement, if different from the committee, shall grant the approval if: (1) it finds that all of the requirements of subsection a. have been or will be met; and (2) after weighing all of the competing public interests presented by the proposed electric transmission or distribution line, the committee finds that the public benefit of the project outweighs any impacts to the preserved farmland. As a condition of its approval, the committee shall establish the compensation to be paid by the electric public utility to the owner of the development easement pursuant to subsection e. of this section.
d. The committee, in consultation with the owner of the development easement, if different from the committee, and the Department of Environmental Protection and the Board of Public Utilities, may approve the construction of an electric transmission or distribution line on a portion of preserved farmland that is not adjacent to the existing utility easement held by the electric public utility upon a demonstration of hardship by the electric public utility. The committee may also approve the realignment of an existing electric transmission or distribution line upon a showing of hardship by the electric public utility.
e. The electric public utility may negotiate with the owner of the preserved farmland the reimbursement to be paid for the disposal or diversion of land pursuant to this section. Such compensation shall, at a minimum, equal the fair market value of the disposal or diversion of land as if the land were not designated as preserved farmland. The committee shall establish the reasonable reimbursement to be paid by the electric public utility to the owner of the development easement on the preserved farmland, which may include eligible replacement land, farmland improvements on the remaining parcel of preserved farmland or on other preserved farmland within the same municipality or county, dedicated funds for the acquisition of farmland preservation development easements, or other compensation to be reasonably established by the committee. Any compensation approved by the committee shall ensure that there is no net loss of preserved farmland in the State caused by the disposal or diversion.
f. Nothing in this section shall modify or in any way affect: (1) any agreement or memorandum of understanding between the electric public utility and the committee or the Board of Public Utilities; or (2) any other existing utility easement held by an electric public utility for the operation of an electric transmission or distribution line.
g. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary for implementation of this section.
h. As used in this section:
"Agriculturally viable parcel" means an agriculturally viable parcel as defined in the State Agriculture Development Committee policy entitled "Division of Permanently Preserved Farmland," and specifically, a parcel capable of sustaining a variety of agricultural operations that yield a reasonable economic return under normal conditions solely from the parcel's agricultural output.
"Electric public utility" means a public utility, as that term is defined in R.S.48:2-13, that transmits and distributes electricity to end users.
"Existing utility easement" means a utility easement existing on preserved farmland on the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Operation" means the route maintenance and operation of an electric transmission or distribution line, including vegetation management, rehabilitation, preservation, reconstruction, repair, or upgrade of the utility lines, rights-of-way, or systems that distribute or transmit power, by an electric public utility.
"PJM Interconnection, L.L.C." or "PJM" means the same as that term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).
"Preserved farmland" means land on which a development easement was conveyed to, or retained by, the committee, a county agriculture development board, a county, a municipality, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1 of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152 (C.13:8C-37 through C.13:8C-40), or any other State law enacted for farmland preservation purposes.
"Right-of-way" means the same as that term is defined in section 1 of P.L.1969, c.182 (C.48:3-17.9).
"Utility easement" means privileges essential or appurtenant to the enjoyment of a right-of-way by an electric public utility.
2. This act shall take effect immediately.
STATEMENT
This bill would permit the construction of electric power lines on certain areas of preserved farmland under certain circumstances.
Specifically, under the bill, a person who owns preserved farmland may dispose of or divert a portion of that land to an electric public utility for the construction and operation of an electric power line, provided:
(1) the preserved farmland is already subject to an existing utility easement held by the electric public utility for the operation of an existing power line;
(2) the portion of preserved farmland to be disposed of or diverted is adjacent to the existing utility easement, except as provided in the bill;
(3) the electric public utility obtains a determination of public need or benefit from PJM Interconnection, L.L.C. (PJM), or the Board of Public Utilities (BPU);
(4) the electric public utility provides compensation to the owner of the preserved farmland and to the owner of the development easement, as provided in the bill;
(5) the portion of preserved farmland disposed of or diverted is the minimum width necessary to meet federal and State safety standards;
(6) the construction and operation of the power line will not interfere with use of the remaining area of the preserved farmland for agricultural production;
(7) construction and operation of the power line will not have an adverse impact on the soil, water resources, air quality, or other natural resources of the preserved farmland or surrounding area;
(8) the electric public utility obtains all other necessary permits and approvals that may be required by federal, State, or local law, rule, regulation, or ordinance;
(9) upon completion of construction of the power line, the electric public utility restores all land disturbed by the construction as nearly as possible to its pre-construction condition, and returns all land not necessary for the operation of the power line to the owner for agricultural use; and
(10) the portion of preserved farmland not subject to the disposal or diversion remains an agriculturally viable parcel, in the farmland preservation program.
An electric public utility seeking to construct a power line on preserved farmland would first have to obtain a determination from PJM or the BPU that the power line would: (1) fulfill a compelling public need by mitigating a hazard to the public health, safety, or welfare; or (2) yield a significant public benefit by improving the delivery of essential services to the public. Once this determination is obtained, the person seeking to dispose of or divert a portion of preserved farmland, together with the electric power utility, would have to apply for and obtain the approval of the State Agriculture Development Committee (SADC). The SADC, in consultation with the owner of the development easement, would grant the approval if: (1) it finds that all of the requirements above have been met; and (2) after weighing all of the competing public interests presented by the proposed power line, it finds that the public benefit of the project outweighs any impacts to preserved farmland.
As a condition of its approval, the SADC could establish the compensation to be paid by the electric public utility to the owner of the development easement. Such compensation could include eligible replacement land, farmland improvements on the remaining parcel of preserved farmland or on other preserved farms, dedicated funds for the acquisition of farmland preservation development easements, or other compensation to be reasonably established by the SADC. Any compensation approved by the SADC would ensure that there is no net loss of preserved farmland in the State caused by the disposal or diversion. Owners of preserved farmland would be free to negotiate compensation for the disposal or diversion with the electric public utility. That compensation, at a minimum, must equal the fair market value of the disposal or diversion of land as if the land were not designated as preserved farmland.
The SADC, in consultation with the owner of the development easement, the Department of Environmental Protection, and the BPU, could approve the construction of a power line on a portion of preserved farmland that is not adjacent to the existing utility easement upon a demonstration of hardship by the electric public utility. The SADC may also approve the realignment of an existing power line upon a showing of hardship by the electric public utility.
