New Jersey-2020-A2602-Introduced

An Act concerning certain utility lines crossing municipally-owned preserved open space, and supplementing Title 13 of the Revised Statutes and P.L.1999, c.152 (C.13:8C-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. Notwithstanding the provisions of section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419 (C.13:8A-31), section 13 of P.L.1975, c.155 (C.13:8A-47), or any rule or regulation adopted pursuant thereto to the contrary, requiring approval by the commissioner or State House Commission, utility lines integral to a solar electric power generation facility approved by the Board of Public Utilities pursuant to subsection s. of section 38 of P.L.1999, c.23 (C.48:3-87) shall not be deemed to constitute a disposal or diversion of lands pursuant to section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419 (C.13:8A-31), or section 13 of P.L.1975, c.155 (C.13:8A-47), or any rule or regulation adopted pursuant thereto. Such utility lines shall be allowed to cross lands acquired for recreation and conservation purposes by a local unit with financial assistance from the State in the form of a grant or loan of Green Acres bond funds, subject to the following conditions:

(1) the land was acquired for recreation and conservation purposes by the local unit prior to the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) the solar electric power generation facility will not be located on such land;

(3) the installation of the utility lines will not interfere with the use of the land for recreation and conservation purposes, as determined by the local unit;

(4) the utility lines will be located underground, and any land or vegetation disturbed by the installation of the underground lines will be restored to the satisfaction of the local unit;

(5) the owner of the proposed solar electric power generation facility provides a report to the Board of Public Utilities, the commissioner, and the local unit demonstrating that there are no other available lands that could be traversed in order for the solar electric power generation facility to be "connected to the distribution system";

(6) the owner of the solar electric power generation facility obtains the written approval of the local unit for the use of the land for the purpose of the utility lines; and

(7) the owner of the solar electric power generation facility provides compensation as required pursuant to the provisions of section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419 (C.13:8A-31), or section 13 of P.L.1975, c.155 (C.13:8A-47), as applicable, and any rule or regulation adopted pursuant thereto.

b. (1) At least 60 days prior to the construction of a solar electric power generation facility approved by the Board of Public Utilities pursuant to subsection s. of section 38 of P.L.1999, c.23 (C.48:3-87), the owner of the facility shall notify the local unit and the commissioner of the proposed construction and the need for utility lines to cross land acquired by a local unit for recreation and conservation purposes in order for the facility to be "connected to the distribution system."

The notice required pursuant to this paragraph shall include: the location and a description, including photographs, of the lands where the solar electric power generation facility is proposed and the lands to be crossed by the utility lines; and documentation demonstrating that the construction complies with the conditions set forth in subsection a. of this section.

(2) If the local unit finds that the proposed construction and the associated utility lines do not comply with the conditions set forth in subsection a. of this section, the local unit shall notify, in writing, the Board of Public Utilities, the commissioner, and the owner of the solar electric power generation facility of this finding and the reasoning therefor. The construction of the solar electric power generation facility and associated utility lines shall not proceed until the concerns of the local unit have been satisfied and the project complies with the conditions set forth in subsection a. of this section.

c. As used in this section:

"Commissioner" means the Commissioner of Environmental Protection.

"Connected to the distribution system" means the same as that term is defined pursuant to section 3 of P.L.1999, c.23 (C.48:3-51).

"Green Acres bond funds" means proceeds from the sale of bonds pursuant to: P.L.1961, c.46; P.L.1971, c.165; P.L.1974, c.102; P.L.1978, c.118; P.L.1983, c.354; P.L.1987, c.265; P.L.1989, c.183; P.L.1992, c.88; P.L.1995, c.204; P.L.2007, c.119; or P.L.2009, c.117, for the purpose of providing State grants or loans to assist local units to meet the cost of acquiring or developing lands for recreation and conservation purposes.

"Land" or "lands" means real property, including improvements thereof or thereon, rights-of-way, water, lakes, riparian and other rights, easements, privileges and all other rights or interests of any kind or description in, relating to, or connected with real property.

"Local unit" means the same as that term is defined pursuant to section 3 of P.L.1961, c.45 (C.13:8A-3), section 3 of P.L.1971, c.419 (C.13:8A-21), or section 3 of P.L.1975, c.155 (C.13:8A-37).

"Recreation and conservation purposes" means the same as that term is defined pursuant to section 3 of P.L.1961, c.45 (C.13:8A-3), section 3 of P.L.1971, c.419 (C.13:8A-21), or section 3 of P.L.1975, c.155 (C.13:8A-37).

2. a. Notwithstanding the provisions of sections 32 and 33 of the "Garden State Preservation Trust Act," P.L.1999, c.152 (C.13:8C-32 and C.13:8C-33), or any rule or regulation adopted pursuant thereto to the contrary, utility lines integral to a solar electric power generation facility approved by the Board of Public Utilities pursuant to subsection s. of section 38 of P.L.1999, c.23 (C.48:3-87) shall not be deemed to constitute a disposal or diversion of those lands pursuant to sections 32 and 33 of the "Garden State Preservation Trust Act," P.L.1999, c.152 (C.13:8C-32 and C.13:8C-33), or any rule or regulation adopted pursuant thereto to. Such utility lines shall be allowed to cross land on lands acquired, prior to the date of enactment of this act, by the local government unit for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part, or lands that were neither acquired or developed for recreation and conservation purposes by the local government unit with financial assistance from the State for those purposes but which lands have been included in an inventory of lands prepared for the purposes of section 32 of P.L.1999, c.152 (C.13:8C-32), subject to the following conditions:

(1) the land was acquired for recreation and conservation purposes by the local unit prior to the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill);

(2) the solar electric power generation facility will not be located on such land;

(3) the installation of the utility lines will not interfere with the use of the land for recreation and conservation purposes, as determined by the local unit;

(4) the utility lines will be located underground, and any land or vegetation disturbed by the installation of the underground lines will be restored to the satisfaction of the local unit;

(6) the owner of the solar electric power generation facility obtains the written approval of the local unit for the use of the land for the purpose of the utility lines; and

(7) the owner of the solar electric power generation facility provides compensation as required pursuant to the provisions of section 32 of P.L.1999, c.152 (C.13:8C-32) and any rule or regulation adopted pursuant thereto.

c. As used in this section:

"Connected to the distribution system" means the same as that term is defined pursuant to section 3 of P.L.1999, c.23 (C.48:3-51).

3. This act shall take effect immediately.

STATEMENT

This bill would allow the utility lines associated with certain solar electric power generation facilities to cross municipally-owned preserved open space subject to certain conditions. The bill contains two parallel sections to supplement (1) the statutes concerning lands acquired for recreation and conservation purposes by a local unit with financial assistance from the State in the form of a grant or loan of Green Acres bond funds, and (2) the "Garden State Preservation Trust Act," P.L.1999, c.152 (C.13:8C-1 et seq.).

The bill provides that utility lines integral to a solar electric power generation facility approved by the Board of Public Utilities pursuant to subsection s. of section 38 of P.L.1999, c.23 (C.48:3-87) would not be deemed to constitute a disposal or diversion of lands preserved for recreation and conservation purposes, provided that: (1) the land was acquired for recreation and conservation purposes by the local unit prior to the date the bill is enacted into law; (2) the solar electric power generation facility will not be located on such land; (3) the installation of the utility lines will not interfere with the use of the land for recreation and conservation purposes, as determined by the local unit; (4) the utility lines will be located underground, and any land and vegetation disturbed by the installation of the underground lines will be restored to the satisfaction of the local unit; (5) the owner of the proposed solar electric power generation facility provides a report to the Board of Public Utilities, the commissioner, and the local unit demonstrating that there are no other available lands that could be traversed for the solar electric power generation facility to be "connected to the distribution system"; (6) the owner of the solar electric power generation facility obtains the written approval of the local unit for the use of the land for the purpose of the utility lines, and (7) the owner of the solar electric power generation facility provides compensation for the use of the municipally-owned preserved open space as required pursuant to law.

Prior to the installation of the solar electric power generation facility and the utility lines across the municipally-owned preserved open space, the owner of the facility would be required to notify the local unit and the commissioner of the proposed construction and the need for utility lines to cross municipally-owned preserved open space in order for the facility to be "connected to the distribution system."

The notice would include: the location and a description, including photographs, of the lands where the solar electric power generation facility is proposed and the lands to be crossed by the utility lines; and documentation demonstrating that the construction complies with the conditions set forth in the bill. If the local unit finds that the proposed construction and the associated utility lines does not comply with the conditions set forth in the bill, the local unit would notify, in writing, the Board of Public Utilities, the commissioner, and the owner of the solar electric power generation facility of this finding and the reasoning therefor. The construction of the solar electric power generation facility and associated utility lines could not proceed until the concerns of the local unit have been satisfied and the project complies with the conditions set forth in the bill.