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A1037
ASSEMBLY, No. 1037
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Co-Sponsored by:
Assemblyman Schnall
SYNOPSIS
���� Allows utility lines necessary for certain solar
energy generation facilities to cross municipally-owned preserved open space
under certain circumstances.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
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.� 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;
���� (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 32 of P.L.1999, c.152 (C.13:8C-32) 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:
���� �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.�
���� The bill provides that utility
lines integral to a solar electric power generation facility approved by the
Board of Public Utilities (BPU) pursuant State law 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 the 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
BPU, the Commissioner of Environmental Protection (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,� as defined in law; 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 is to 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 do not comply
with the conditions set forth in the bill, the local unit would notify, in
writing, the BPU, 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 is not to proceed until the concerns of the local unit have been
satisfied and the project complies with the conditions set forth in the bill.