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A3974 2R
[Second Reprint]
ASSEMBLY, No. 3974
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Co-Sponsored by:
Assemblywomen Brennan, Swain and Assemblyman Tully
SYNOPSIS
����
Modifies various
provisions of State's renewable energy incentive programs; requires electric
public utilities to consider interconnection applications for certain solar
projects.
CURRENT VERSION OF TEXT
���� As reported by the Assembly Budget Committee on
6/28/2026, with amendments.
��
An Act
concerning renewable energy, supplementing Title 48 of
the Revised Statutes, and amending various sections of the statutory law.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
����� 1.�� (New
section) a.� As used in this section:�
����� �Administratively
determined incentive program� means the program for the award of SREC-IIs to
small solar facilities pursuant to section 3 of P.L.2021, c.169 (C.48:3-116).
����� �Board�
means the Board of Public Utilities.
����� �Co-location�
means siting two or more SREC-II eligible solar facilities on the same property
or on contiguous properties
2
[
, such that the individual facilities are eligible
for a higher incentive value than they would be if they were combined into one
single facility.� In the case of net metered projects, SREC-II eligible solar
facilities shall
1
[
be
]
1
not be deemed co-located if they serve separate net
metering customers
]
2
.
����� �Community
solar program� means the program established by the board pursuant to section 5
of P.L.2018, c.17 (C.48:3-87.11).
����� �Competitive
solicitation incentive program� means the program for the award of SREC-IIs to
solar facilities pursuant to section 4 of P.L.2021, c.169 (C.48:3-117).
����� �Contaminated
site� means any currently contaminated portion of a property on which
industrial or commercial operations were conducted and a discharge occurred,
and its associated disturbed areas, where �discharge� means the same as the
term is defined in section 23 of P.L.1993, c.139 (C.58:10B-1).
�����
2
�Federal Energy Regulatory Commission� or �FERC�
means the same as the term is defined in section 3 of P.L.1999, c.23
(C.48:3-51).
2
����� �Garden
State Energy Storage Program� means the program established pursuant to
P.L.2025, c.136 (C.48:3-121.2 et al.).
����� �Mining
site� means a sand mine, gravel pit, or mine, or former sand mine, gravel pit,
or mine,
2
or
2
closed resource extraction facility
2
[
, or
]
on
2
land classified as �extractive mining� in Level II
of the modified Anderson classification system within the most recent Land
Use-Land Cover geographic information system data layer produced by the
Department of Environmental Protection.
����� �Remote
net metering program� means the program established by the board pursuant to
section 6 of P.L.2018, c.17 (C.48:3-87.12).
����� �Renewable
energy facility� means the same as the term is defined in section 1 of
P.L.2009, c.35 (C.40:55D-66.11).
����� �Renewable
energy incentive program� means the competitive solicitation incentive program,
remote net metering program, community solar program, administratively
determined incentive program, TREC program, SREC-II program, or any other
program administered by the board, which provides financial incentives to
renewable energy projects or facilities.
����� �Solar
renewable energy certificate� or �SREC� means the same as the term is defined
in section 3 of P.L.1999, c.23 (C.48:3-51).
����� �Solar
renewable energy certificate-II� or �SREC-II� means the same as the term is
defined in section 3 of P.L.1999, c.23 (C.48:3-51).
����� �Transition
renewable energy certificate� or �TREC� means a certificate issued by the board
or its designee under the solar energy transition incentive program, which is
designed to transition between the SREC program and the SREC-II program
established pursuant to P.L.2021, c.169 (C.48:3-114 et al.).
����� b.�� Notwithstanding
the provisions of section 38 of P.L.1999, c.23 (C.48:3-87), or any other law,
rule, regulation, order, or board order to the contrary,
2
[
there shall be no prohibition on
]
2
the co-location of solar facilities either
registered or seeking registration or participation in the administratively
determined incentive program, the competitive solicitation incentive program,
the community solar program, the remote net metering program, or any
combination thereof
2
[
.� Multiple solar facilities
]
2
may be
2
permitted by the board, upon a petition by the developer of the proposed
2
co-located
2
[
,
either on the same property, or on contiguous properties, so long as the
facilities are
]
facility, if the proposed co-located facilities
2
1
[
(1)
]
:
1
2
(1)� are
2
developed as separate projects or separate phases of the same project
1
[
,
]
;
1
2
[
and
]
2
1
[
(2)
]
1
2
(2)
2
have separate interconnection facilities
2
; (3) are being proposed for co-location as a result
of interconnection constraints; and (4) will not receive a higher incentive or
more favorable incentive treatment than would be available if the facilities
were developed as a single project, unless the board finds that there is a
unique, project-specific reason to provide a different incentive level
2
.
����� c.�
Notwithstanding the provisions of section 38 of P.L.1999, c.23 (C.48:3-87), or
any other law, rule, regulation, order, or board order to the contrary,
2
[
there shall be no size or power output restriction
for
]
up to 300
megawatts, as measured in direct current, of
2
solar facilities
2
with a capacity from five megawatts to 20 megawatts,
as measured in direct current,
2
that
are located on
2
commercial
or industrial rooftops,
2
landfills,
2
[
brownfields,
]
2
contaminated sites, or mining sites
2
[
for the purposes of eligibility for
]
shall be eligible for registration in
2
the community solar program
2
[
or the remote net metering program
]
until December 31, 2028, so long as the facility
demonstrates that it is unable to interconnect as a PJM wholesale market
participant in Transition Cycle 2 or earlier or as a Qualifying Facility
pursuant to applicable orders from FERC and the �Public Utilities Regulatory
Policies Act of 1978,� Pub.L. 95-617.� The board may establish reasonable
procedures to track and allocate such capacity consistent with this
subsection.� Projects that registered or received awards under another New
Jersey solar program prior to the effective date of
P.L. , c.
(C. ) (pending
before the legislature as this bill) shall not be eligible to register in the
community solar program pursuant to this subsection unless the board finds that
there is a unique, project-specific reason to allow the project to transfer
programs.� Projects that submitted applications in the fourth solicitation of
the board�s competitive solar incentive program shall only be eligible to
register in the community solar program pursuant to this subsection if they do
not receive awards in that program.
�����
d.�
The board may establish, via board order, differentiated incentive levels based
on project size and project type for co-located projects and projects larger
than five megawatts, as measured in direct current, in the community solar
program, and may from time to time adjust the categories and incentive levels
2
.
�����
2
[
d.
]
e.
2
��� Notwithstanding the provisions of section 38 of P.L.1999, c.23
(C.48:3-87), or any other law, rule, regulation, order, or board order to the
contrary, any project sited on a
2
commercial
or industrial rooftop,
2
landfill,
2
[
brownfield,
]
2
contaminated site, or mining site that is
participating in the community solar program, the remote net metering program,
or any combination thereof shall have no less than 33 months from the date of
registration in the applicable program to achieve commercial operation, as
evidenced by a
1
[
permission to
operate
]
permission-to-operate
1
letter from the applicable electric public utility.
2
[
The 33-month
period referenced above shall be automatically extended, on a day for day
basis, without the need for additional board order or other confirmation, in
the event of utility-caused delays regarding interconnection of the project to
the local electric transmission or distribution system.
]
Facilities that do not achieve commercial
operation by the deadline shall be allowed to re-register, regardless of
whether capacity limits for the program have been reached.
2
�
�����
2
[
e.
]
f.
2
���
1
[
A developer
that previously received an approval in the TREC program for any project that
has not achieved commercial operation as of the effective date of
P.L. , c.
(C. ) (pending
before the Legislature as this bill), shall register the project, within 90
days after the effective date of P.L. ,
c.
(C. ) (pending
before the Legislature as this bill), in the community solar program, the
remote net metering program, or both programs if the facilities are co-located,
for registrations that do not cause a decrease in the previously approved
facility size.� If the registration would cause a decrease in the previously
approved facility size, the developer may register the project in the community
solar program, the remote net metering program, or both, as the case may be.�
The registration shall be conditional until the developer�s receipt of a
conditional approval to construct from the applicable local public utility.
����� f.
]
1
� An electric public utility shall,
1
[
within 90 days of
]
upon
1
receipt of a complete application, accept, process,
and
2
[
approve
]
respond to
2
interconnection applications for community solar or
remote net metering facilities on any electric line that is sized 34.5
kilovolts or less
1
[
and shall
complete interconnection in no less than 30 days from written notification from
the developer of the project being ready for such interconnection.� These
deadlines may be extended by written consent of the developer, for no more than
30 days.� Failure by the electric public utility to meet these deadlines will
result in a penalty of $5,000 per day payable to the developer, which shall be
paid by the electric public utility and shall not be passed on to ratepayers
]
1
.
�����
1
[
g.
]
2
[
f.
1
]
g.
2
���� Any electric line maintained by an electric
public utility that is sized at 34.5 kilovolts or less shall be
2
[
considered to be
]
classified as a
2
distribution
2
[
lines,
]
line, unless the electric line in question is a
transmission facility subject to the jurisdiction of the Federal Energy
Regulatory Commission.� Any electric line that is classified as a distribution
line
2
shall be subject to the board�s jurisdiction, and
2
[
shall be eligible for interconnection by
]
2
any project participating in the community solar
program, remote net
2
[
meter
]
metering
2
program, the competitively determined incentive
program, the Garden State Energy Storage Program, or any other State-sponsored
solar electricity incentive program or battery energy storage program
2
shall be allowed to interconnect to the electric
line, subject to the provisions of subsection g. of this section
2
.
�����
1
[
h.� Notwithstanding the provisions of section 38 of
P.L.1999, c.23 (C.48:3-87) to the contrary, any renewable energy facility shall
be eligible to utilize previously awarded, but not utilized TREC incentives,
including for awarded TREC projects that either (1) did not achieve commercial
operation by the required program deadline, (2) were awarded TRECs in excess of
those actually utilized by the project, or (3) otherwise did not utilize the
awarded TRECs.� Any project utilizing such previously awarded TREC incentives
shall file a certification with the board detailing the TRECs being utilized
and providing evidence of assignment from the prior developer of any right,
title, and interest to any such previously awarded TRECs.� Any TRECs utilized
in this way shall have a qualification life of 15 years from the date of the
commercial operation of the facility at which they are utilized.
]
1
�����
2
h.� Any application for interconnection submitted
pursuant to this section shall be reviewed and processed in accordance with the
board�s interconnection rules under N.J.A.C.14:8-5, or any successor
regulations.� The applicant, developer, or owner of a solar facility or energy
storage facility seeking to interconnect to an electric public utility�s
distribution system shall pay the full cost of any required interconnection
study.� Prior to the commencement of the study, the developer shall pay the
estimated cost of the study.� An electric public utility shall not be required
to initiate or continue an interconnection study until full up-front payment
has been received.� The cost of the study shall be based on the electric public
utility�s actual cost to perform the study within the timeframe established by
the board, including costs incurred through third party contractors.� Upon
completion of the study, the electric public utility shall recover from the
applicant, developer, or owner of a solar facility any additional reasonable
costs incurred beyond the estimated amount paid.� The applicant, developer, or
owner of a solar facility or energy storage facility seeking to interconnect to
an electric public utility�s distribution system shall also be responsible for
all costs associated with the interconnection of such facilities, including,
but not limited to, study costs, engineering costs, and the costs of any system
upgrades or modifications required to accommodate the interconnection, as
determined in accordance with the board�s interconnection rules.� Such costs
shall not be borne by ratepayers and shall not be eligible for recovery through
rates, except as otherwise permitted by the board in accordance with its
interconnection rules.
2
����� 2.�� Section
1 of P.L.2009, c.35 (C.40:55D-66.11) is amended to read as follows:
����� 1.�� A
renewable energy facility on a parcel or parcels of land comprising
2
[
20
]
10
2
or more contiguous acres that are owned by the same
person or entity shall be a permitted use within every industrial
2
or commercial
2
district of a municipality.
����� For
the purposes of this section:
����� "renewable
energy facility" means a facility that engages in the production
or
storage
of electric energy from solar technologies, photovoltaic
technologies,
battery storage technology,
or wind energy.
(cf:
P.L.2009, c.35, s.1)
����� 3.�
Section 2 of P.L.2011, c.141 (C.40:55D-66.16) is amended to read as follows:
����� 2.�
a.� Notwithstanding any law, ordinance, rule or regulation to the contrary, a
solar or photovoltaic energy facility
, battery storage, or renewable energy
facility
or structure
associated with either a solar or photovoltaic
energy
2
or
battery storage
2
facility
constructed and operated on the site of any
2
rooftop,
2
landfill
, brownfield, contaminated site, mining
site,
or closed resource extraction operation, shall be a permitted use
within every municipality.
����� b.�
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 landfill 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).
����� The
Department of Environmental Protection may adopt, pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
rules and regulations as necessary to effectuate the purposes of this
subsection.
(cf:
P.L.2011, c.141, s.2)
���� 4.��� Section 5 of P.L.1971,
c.198 (C.40A:11-5) is amended to read as follows:
���� 5.��� Any contract the amount
of which exceeds the bid threshold, may be negotiated and awarded by the
governing body without public advertising for bids and bidding therefor and
shall be awarded by resolution of the governing body if:
���� (1)� The subject matter
thereof consists of:
���� (a)�� (i) Professional
services.� The governing body shall in each instance state supporting reasons
for its action in the resolution awarding each contract and shall forthwith
cause to be printed once, in the official newspaper, a brief notice stating the
nature, duration, service and amount of the contract, and that the resolution
and contract are on file and available for public inspection in the office of
the clerk of the county or municipality, or, in the case of a contracting unit
created by more than one county or municipality, of the counties or
municipalities creating the contracting unit; or (ii) Extraordinary
unspecifiable services.� The application of this exception shall be construed
narrowly in favor of open competitive bidding, whenever possible, and the
Division of Local Government Services is authorized to adopt and promulgate
rules and regulations after consultation with the Commissioner of Education
limiting the use of this exception in accordance with the intention herein
expressed.� The governing body shall in each instance state supporting reasons
for its action in the resolution awarding each contract and shall forthwith
cause to be printed, in the manner set forth in subsection (1) (a) (i) of this
section, a brief notice of the award of the contract;
���� (b)� The doing of any work by
employees of the contracting unit;
���� (c)�� The printing of legal
briefs, records, and appendices to be used in any legal proceeding in which the
contracting unit may be a party;
���� (d)� The furnishing of a tax
map or maps for the contracting unit;
���� (e)�� The purchase of
perishable foods as a subsistence supply;
���� (f)�� The supplying of any
product or the rendering of any service by a public utility, which is subject
to the jurisdiction of the Board of Public Utilities or the Federal Energy
Regulatory Commission or its successor, in accordance with tariffs and
schedules of charges made, charged or exacted, filed with the board or
commission;
���� (g)� The acquisition, subject
to prior approval of the Attorney General, of special equipment for
confidential investigation;
���� (h)� The printing of bonds and
documents necessary to the issuance and sale thereof by a contracting unit;
���� (i)�� Equipment repair service
if in the nature of an extraordinary unspecifiable service and necessary parts
furnished in connection with the service, which exception shall be in
accordance with the requirements for extraordinary unspecifiable services;
���� (j)�� The publishing of legal
notices in newspapers as required by law;
���� (k)� The acquisition of
artifacts or other items of unique intrinsic, artistic or historical character;
���� (l)�� Those goods and services
necessary or required to prepare and conduct an election;
���� (m) Insurance, including the
purchase of insurance coverage and consultant services, which exception shall
be in accordance with the requirements for extraordinary unspecifiable
services;
���� (n)� The doing of any work by
persons with disabilities employed by a sheltered workshop;
���� (o)� The provision of any
goods or services including those of a commercial nature, attendant upon the
operation of a restaurant by any nonprofit, duly incorporated, historical
society at or on any historical preservation site;
���� (p)� (Deleted by amendment,
P.L.1999, c.440.)
���� (q)� Library and educational
goods and services;
���� (r)�� (Deleted by amendment,
P.L.2005, c.212).
���� (s)�� The marketing of
recyclable materials recovered through a recycling program, or the marketing of
any product intentionally produced or derived from solid waste received at a
resource recovery facility or recovered through a resource recovery program,
including, but not limited to, refuse-derived fuel, compost materials, methane
gas, and other similar products;
���� (t)�� (Deleted by amendment,
P.L.1999, c.440.)
���� (u)� Contracting unit towing
and storage contracts, provided that all of the contracts shall be pursuant to
reasonable non-exclusionary and non-discriminatory terms and conditions, which
may include the provision of the services on a rotating basis, at the rates and
charges set by the municipality pursuant to section 1 of P.L.1979, c.101
(C.40:48-2.49).� All contracting unit towing and storage contracts for services
to be provided at rates and charges other than those established pursuant to
the terms of this paragraph shall only be awarded to the lowest responsible
bidder in accordance with the provisions of the �Local Public Contracts Law,�
P.L.1971, c.198 (C.40A:11-1 et seq.) and without regard for the value of the
contract therefor;
���� (v)� The purchase of steam or
electricity from, or the rendering of services directly related to the purchase
of steam or electricity from a qualifying small power production facility or a
qualifying cogeneration facility as defined pursuant to 16 U.S.C. s.796;
���� (w)� The purchase of
electricity or administrative or dispatching services directly related to the
transmission of purchased electricity by a contracting unit engaged in the
generation of electricity
, or the purchase of remote net metering credits,
similar renewable energy credits, or renewable energy production credits
pursuant to a program administered by the Board of Public Utilities, including
the remote net metering program established pursuant to section 6 of P.L.2018,
c.17 (C.48:3-87.12)
;
���� (x)� The printing of municipal
ordinances or other services necessarily incurred in connection with the
revision and codification of municipal ordinances;
���� (y)� An agreement for the
purchase of an equitable interest in a water supply facility or for the
provision of water supply services entered into pursuant to section 2 of
P.L.1993, c.381 (C.58:28-2), or an agreement entered into pursuant to
N.J.S.40A:31-1 et al., so long as the agreement is entered into no later than
six months after the effective date of P.L.1993, c.381;
���� (z)�� A contract for the
provision of water supply services entered into pursuant to P.L.1995, c.101
(C.58:26-19 et al.);
���� (aa) The cooperative marketing
of recyclable materials recovered through a recycling program;
���� (bb) A contract for the
provision of wastewater treatment services entered into pursuant to P.L.1995,
c.216 (C.58:27-19 et al.);
���� (cc) Expenses for travel and
conferences;
���� (dd) The provision or
performance of goods or services for the support or maintenance of proprietary
computer hardware and software, except that this provision shall not be
utilized to acquire or upgrade non-proprietary hardware or to acquire or update
non-proprietary software;
���� (ee) The management or
operation of an airport owned by the contracting unit pursuant to R.S.40:8-1 et
seq.;
���� (ff) Purchases of goods and
services at rates set by the Universal Service Fund administered by the Federal
Communications Commission;
���� (gg) A contract for the
provision of water supply services or wastewater treatment services entered
into pursuant to section 2 of P.L.2002, c.47 (C.40A:11-5.1), or the designing,
financing, construction, operation, or maintenance, or any combination thereof,
of a water supply facility as defined in subsection (16) of section 15 of
P.L.1971, c.198 (C.40A:11-15) or a wastewater treatment system as defined in
subsection (19) of section 15 of P.L.1971, c.198 (C.40A:11-15), or any
component part or parts thereof, including a water filtration system as defined
in subsection (16) of section 15 of P.L.1971, c.198 (C.40A:11-15); or
���� (hh) The purchase of
electricity generated from a power production facility that is fueled by
methane gas extracted from a landfill in the county of the contracting unit.
���� (2)� It is to be made or
entered into with the United States of America, the State of New Jersey,
county, or municipality, or any board, body, officer, agency, or authority
thereof, or any other state or subdivision thereof.
���� (3)� Bids have been advertised
pursuant to section 4 of P.L.1971, c.198 (C.40A:11-4) on two occasions and (a)
no bids have been received on both occasions in response to the advertisement,
or (b) the governing body has rejected the bids on two occasions because it has
determined that they are not reasonable as to price, on the basis of cost
estimates prepared for or by the contracting agent prior to the advertising
therefor, or have not been independently arrived at in open competition, or (c)
on one occasion no bids were received pursuant to (a) and on one occasion all
bids were rejected pursuant to (b), in whatever sequence; a contract may then
be negotiated and may be awarded upon adoption of a resolution by a two-thirds
affirmative vote of the authorized membership of the governing body authorizing
the contract; provided, however, that:
���� (i)�� A reasonable effort is
first made by the contracting agent to determine that the same or equivalent
goods or services, at a cost which is lower than the negotiated price, are not
available from an agency or authority of the United States, the State of New
Jersey or of the county in which the contracting unit is located, or any
municipality in close proximity to the contracting unit;
���� (ii) The terms, conditions,
restrictions, and specifications set forth in the negotiated contract are not
substantially different from those which were the subject of competitive
bidding pursuant to section 4 of P.L.1971, c.198 (C.40A:11-4); and
���� (iii) Any minor amendment or
modification of any of the terms, conditions, restrictions, and specifications,
which were the subject of competitive bidding pursuant to section 4 of
P.L.1971, c.198 (C.40A:11-4), shall be stated in the resolution awarding the
contract; provided further, however, that if on the second occasion the bids
received are rejected as unreasonable as to price, the contracting agent shall
notify each responsible bidder submitting bids on the second occasion of its
intention to negotiate, and afford each bidder a reasonable opportunity to
negotiate, but the governing body shall not award the contract unless the
negotiated price is lower than the lowest rejected bid price submitted on the
second occasion by a responsible bidder, is the lowest negotiated price offered
by any responsible vendor, and is a reasonable price for goods or services.
���� Whenever a contracting unit
shall determine that a bid was not arrived at independently in open competition
pursuant to subsection (3) of this section it shall thereupon notify the county
prosecutor of the county in which the contracting unit is located and the
Attorney General of the facts upon which its determination is based, and when
appropriate, it may institute appropriate proceedings in any State or federal
court of competent jurisdiction for a violation of any State or federal
antitrust law or laws relating to the unlawful restraint of trade.
���� (4)� The contracting unit has
solicited and received at least three quotations on materials, supplies, or
equipment for which a State contract has been issued pursuant to section 12 of
P.L.1971, c.198 (C.40A:11-12), and the lowest responsible quotation is at least
10 percent less than the price the contracting unit would be charged for the
identical materials, supplies, or equipment, in the same quantities, under the
State contract.� A contract entered into pursuant to this subsection may be
awarded only upon adoption of a resolution by the affirmative vote of
two-thirds of the full membership of the governing body of the contracting unit
at a meeting thereof authorizing the contract.� A copy of the purchase order
relating to the contract, the requisition for purchase order, if applicable,
and documentation identifying the price of the materials, supplies or equipment
under the State contract and the State contract number shall be filed with the
director within five working days of the award of the contract by the
contracting unit.� The director shall notify the contracting unit of receipt of
the material and shall make the material available to the State Treasurer.� The
contracting unit shall make available to the director upon request any other
documents relating to the solicitation and award of the contract, including,
but not limited to, quotations, requests for quotations, and resolutions.� The
director periodically shall review material submitted by contracting units to
determine the impact of the contracts on local contracting and shall consult
with the State Treasurer on the impact of the contracts on the State
procurement process.� The director may, after consultation with the State
Treasurer, adopt rules in accordance with the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.) to limit the use of this subsection, after
considering the impact of contracts awarded under this subsection on State and
local contracting, or after considering the extent to which the award of
contracts pursuant to this subsection is consistent with and in furtherance of
the purposes of the public contracting laws.
���� (5)� Notwithstanding any
provision of law, rule, or regulation to the contrary, the subject matter
consists of the combined collection and marketing, or the cooperative combined
collection and marketing of recycled material recovered through a recycling
program, or any product intentionally produced or derived from solid waste
received at a resource recovery facility or recovered through a resource
recovery program including, but not limited to, refuse-derived fuel, compost
materials, methane gas, and other similar products, provided that in lieu of
engaging in public advertising for bids and the bidding therefor, the
contracting unit shall, prior to commencing the procurement process, submit for
approval to the Director of the Division of Local Government Services, a
written detailed description of the process to be followed in securing the
services.� Within 30 days after receipt of the written description the director
shall, if the director finds that the process provides for fair competition and
integrity in the negotiation process, approve, in writing, the description
submitted by the contracting unit.� If the director finds that the process does
not provide for fair competition and integrity in the negotiation process, the
director shall advise the contracting unit of the deficiencies that must be
remedied.� If the director fails to respond in writing to the contracting unit
within 30 days, the procurement process as described shall be deemed approved.�
As used in this section, �collection� means the physical removal of recyclable
materials from curbside or any other location selected by the contracting unit.
���� (6)� Notwithstanding any
provision of law, rule, or regulation to the contrary, the contract is for the
provision of electricity by a contracting unit engaged in the distribution of
electricity for retail sale, for the provision of wholesale electricity by a municipal
shared services energy authority as defined pursuant to section 3 of P.L.2015,
c.129 (C.40A:66-3), or for the provision of administrative or dispatching
services related to the transmission of electricity, provided that in lieu of
engaging in public advertising for bids and the bidding therefor, the
contracting unit shall, prior to commencing the procurement process, submit for
approval to the Director of the Division of Local Government Services, a
written detailed description of the process to be followed in securing these
services.� The process shall be designed in a way that is appropriate to and
commensurate with industry practices, and the integrity of the government
contracting process.� Within 30 days after receipt of the written description,
the director shall, if the director finds that the process provides for fair
competition and integrity in the negotiation process, approve, in writing, the
description submitted by the contracting unit.� If the director finds that the
process does not provide for fair competition and integrity in the negotiation
process, the director shall advise the contracting unit of the deficiencies
that must be remedied.� If the director fails to respond in writing to the
contracting unit within 30 days, the procurement process, as submitted to the
director pursuant to this section, shall be deemed approved.
(cf: P.L.2017, c.131, s.174)
����� 5.�� Section
6 of P.L.2018, c.17 (C.48:3-87.12) is amended to read as follows:
����� 6.�
a. No later than 120 days after the date of enactment of P.L.2023, c.190, the
board shall establish an application and approval process for remote net
metered solar energy projects serving public entities as receiving customers.
����� A
remote net metered solar energy project shall:
����� (1)
have a capacity up to
[
five
]
2
[
20
]
five
2
megawatts, as measured in direct current
2
(DC)
2
;
����� (2)
exclusively serve public entities certified by the board to act as receiving
customers and located within the same electric distribution company service
territory as the project;
����� (3)
be located on any property owned, licensed, or leased by any public entity or
on any suitable private property, including, but not limited to, rooftops of
commercial
2
or
industrial
2
buildings, parking lots,
2
[
brownfields
]
2
[
for which a
final remediation document has been issued, or properly closed sanitary
landfill facilities
]
,
contaminated sites, landfills, or mining sites
2
, so long as:
�����
(a)
prior to commencing construction of the project:� (i) for a contaminated site,
a remedial action work plan has been approved by either the Department of
Environmental Protection or a licensed site remediation professional pursuant
to the regulations adopted under chapter 26C of Title 7 of the New Jersey
Administrative Code, and the regulations adopted under chapter 26E of Title 7
of the New Jersey Administrative Code; and (ii) for a landfill, a closure plan
has been approved by the Department of Environmental Protection; and
�����
(b)
after the time the solar project construction is complete:� (i) if required for
a contaminated site, an engineering control has been installed and the
Department of Environmental Protection has issued a remedial action permit; or
(ii) the Department of Environmental Protection has deemed a landfill has been
properly closed
2
;
����� (4)
not be sited on:
����� (a)
land preserved under the Green Acres Program;
����� (b)
land designated as freshwater wetlands as defined pursuant to P.L.1987, c.156
(C.13:9B-1 et seq.), or coastal wetlands as defined pursuant to P.L.1970, c.272
(C.13:9A-1 et seq.);
����� (c)
forested lands, as defined by the board in consultation with the Department of
Environmental Protection; or
�����
[
d)
]
(d)
prime agricultural soils and soils of Statewide importance, as identified by
the United States Department of Agriculture�s Natural Resources Conservation
Service, which are located in Agricultural Development Areas certified by the
State Agricultural Development Committee;
����� (5)
have a facility size calculated based upon the total aggregate electricity
usage of the receiving public entity customer utility accounts to be served by
the project, based on the total usage of each proposed customer account over
the previous twelve months; and
����� (6)
be metered separately.
����� b.�� The
board shall establish a remote net metering application process to approve
remote net metered solar energy projects and certify public entities to act as
receiving customers for remote net metering generating capacity.� The process
shall be modeled after the relevant rules and regulations adopted by the board
for the community solar energy program pursuant to section 5 of P.L.2018, c.17
(C.48:3-87.11), including, but not limited to, the calculation of the value of
the net metering credit.� An electric public utility shall be entitled to full
and timely cost recovery, including the full value of public remote net
metering credits provided to customers and billing system investments,
associated with public remote net metering consistent with the Community Solar
provisions pursuant to subsection e. of section 5 of P.L.2018, c.17
(C.48:3-87.11).
����� c.�� (Deleted
by amendment, P.L.2023, c.190)
����� d.�� The
electric distribution company that serves the location of a solar energy
project approved pursuant to this section shall be responsible for reviewing
and approving the interconnection of the solar energy project.
�����
2
e.� For the purposes of this section, a solar
facility located on a landfill, brownfield, contaminated site, or mining site
may include associated or contiguous lands developed as part of the same
project, and no limitation shall be imposed based on the proportion of such
associated or contiguous lands relative to the total project area or capacity.
2
(cf:
P.L.2023, c.190, s.1)
���� 6.� No later than 120 days
after the effective date of this act, the board shall adopt, pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
rules and regulations as necessary for implementing the provisions of this act,
which shall be based on existing rules located at N.J.A.C.14:3-8.1 et seq.
���� 7.� This act shall take effect
immediately.