Bill Text: NJ S2126 | 2010-2011 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Permits development of solar and wind facilities and structures on landfills and resource extraction operations under certain circumstances. **

Spectrum: Slight Partisan Bill (Democrat 8-4)

Status: (Passed) 2011-12-14 - Approved P.L.2011, c.141. [S2126 Detail]

Download: New_Jersey-2010-S2126-Amended.html

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[First Reprint]

SENATE, No. 2126

STATE OF NEW JERSEY

214th LEGISLATURE

 

INTRODUCED JUNE 24, 2010

 

 

Sponsored by:

Senator  JIM WHELAN

District 2 (Atlantic)

Senator  PHILIP E. HAINES

District 8 (Burlington)

 

 

 

 

SYNOPSIS

     Permits development of solar and wind facilities and structures on landfills and quarries.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Environment and Energy Committee on July 19, 2010, with amendments.

  

An Act concerning solar energy ¹and wind energy¹ and supplementing P.L.1979, c.111 (C.13:18A-1 et seq.) and P.L.1975, c.291 (C.40:55D-1 et seq.).

 

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

 

     1.  ¹a.¹  The Pinelands Commission, in reviewing any application for the development of a solar or photovoltaic energy facility or structure on the site of a closed landfill or quarry, or an existing or closed resource extraction operation, within the pinelands area, shall determine that the development is in conformance with the applicable standards of the comprehensive management plan, adopted pursuant to section 7 of P.L.1979, c.111 (C.13:18A-8), ¹[and] provided that¹:

     ¹[a.]¹   (1)  if located on a resource extraction site, the facility or structure shall be on previously disturbed lands that have not subsequently been restored and which are not subject to any restoration obligation pursuant to the comprehensive management plan;

     (2)   if located on a closed landfill, the facility or structure shall be on previously disturbed lands or adjacent lands, if required to ensure the viability of the proposed facility or structure; or

     (3)   if located on a landfill that has not been closed in accordance with a plan approved by the Pinelands Commission in consultation with the Department of Environmental Protection, the development of the facility or structure shall facilitate closure of the landfill in accordance with such a plan.  The landfill shall be closed in accordance with a plan approved by the commission, in consultation with the department, under the requirements of the comprehensive management plan prior to, or concurrent with, the installation of the solar or photovoltaic energy facility or structure¹[;] .¹

     b.    ¹[Development] In addition to the conditions set forth in subsection a. of this section, development¹ of the facility or structure shall not permanently or adversely impact: (1) any existing engineering devices or other environmental controls located on a site, except as may be approved by the Pinelands Commission in consultation with the Department of Environmental Protection; and (2) ecologically sensitive areas located on, adjacent to, or within the same sub-watershed as the site proposed for development, except as may be approved by the commission in consultation with the department.

     c.     Within one year after the termination of use of the solar or photovoltaic energy facility or structure, the facility, and all structures associated therewith, shall be removed and restoration of the site shall be completed in accordance with the comprehensive management plan, or within another time period as approved by the Pinelands Commission, in consultation with the Department of Environmental Protection and under the requirements of the comprehensive management plan.

 

     2.    ¹a.¹  Notwithstanding any law, ordinance, rule or regulation to the contrary, a solar or photovoltaic energy facility or structure   constructed and operated on the site of any closed landfill or quarry, or a legally existing or closed resource extraction operation, shall be a permitted use within every municipality.

     ¹b.  Notwithstanding any law, ordinance, rule or regulation to the contrary, a wind energy generation facility or structure constructed and operated on the site of any closed landfill or quarry, or a legally existing or closed resource extraction operation, shall be a permitted use within every municipality outside the pinelands area as defined pursuant to section 3 of P.L.1979, c.111 (C.13:18A-3).¹

 

     3.    This act shall take effect immediately.