Bill Text: NJ A4397 | 2020-2021 | Regular Session | Amended
Bill Title: Allows installation of residential solar energy systems prior to obtaining construction permit or interconnection approval during COVID-19 emergency.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2021-03-01 - Substituted by S2606 (1R) [A4397 Detail]
Download: New_Jersey-2020-A4397-Amended.html
Sponsored by:
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington)
SYNOPSIS
Allows installation of residential solar energy systems prior to obtaining construction permit or interconnection approval during COVID-19 emergency.
CURRENT VERSION OF TEXT
As reported by the Assembly Environment and Solid Waste Committee on December 7, 2020, with amendments.
An Act concerning certain permitting and interconnection requirements for solar energy systems.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Commissioner" means the Commissioner of Community Affairs.
"Construction official" means a qualified person appointed by the municipal appointing authority or the commissioner pursuant to P.L.1975, c.217; (C.52:27D-119 et seq.) to enforce and administer the State Uniform Construction Code within the jurisdiction of the enforcing agency.
"Department" means the Department of Community Affairs.
"Electrical subcode official" means a qualified person appointed by the municipal appointing authority or the commissioner pursuant to P.L.1975, c.217; (C.52:27D-119 et seq.) to enforce and administer the provisions of the electrical subcode within the jurisdiction of the enforcing agency.
"Enforcing agency" means the enforcing agency in any municipality designated to administer and enforce the "State Uniform Construction Code Act" pursuant to section 8 of P.L.1975, c.217 (C.52:27D-126), and regulations promulgated thereunder.
"Residential solar energy system" means any system which uses solar energy to provide all or a portion of the heating, cooling, or general energy needs of a single-family home, including, but not limited to, nocturnal heat radiation, flat plate or focusing solar collectors, or photovoltaic solar cells.
"Subcode" means any of the national model codes, parts thereof, or other codes or standards as adopted by reference in rules and regulations adopted by the department pursuant to P.L.1975, c.217; (C.52:27D-119 et seq.).
2. Notwithstanding the provisions of P.L.1975, c.217; (C.52:27D-119 et seq.), any rule or regulation adopted pursuant thereto, or any local ordinance to the contrary, a person may construct or install a residential solar energy system prior to filing an application with a construction official or electrical subcode official, or obtaining the required permit therefor, provided that:
a. the person obtains the required permit for the construction of the residential solar energy system prior to the connection of the system to any device that stores or utilizes electrical power, including the interconnection of the system to the electric grid; 1[and]1
b. the construction project is carried out in accordance with all other applicable State laws and local ordinances 1; and
c. the costs associated with any modification required by the construction official or electrical subcode official after installation in order to obtain the required permit shall be the responsibility of the installer of the residential solar energy system1.
3. Notwithstanding any provisions of P.L.1999, c.23 (C.48:3-49 et seq.) or any rule or regulation adopted pursuant thereto to the contrary, a person may construct or install a residential solar energy system prior to applying, or receiving approval, for interconnection to the electric grid from an electric public utility, provided that the person receives approval from the utility prior to interconnecting the system to the electric grid.
1The costs associated with any modification required to receive approval from the utility for the interconnection of the system to the electric grid shall be the responsibility of the installer of the residential solar energy system.1
4. This act shall take effect immediately and shall expire 90 days after the expiration of the public health emergency related to COVID-19, which was declared by the Governor pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.) in March 2020.
