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S3958
SENATE, No. 3958
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED MARCH 19, 2026
Sponsored by:
Senator� JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
���� Excludes biomass, solar, and wind energy systems
located on rooftops, unpreserved farmland, or exception areas from certain size
restrictions applicable to preserved farmland.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning biomass, solar, and wind energy systems on
preserved farmland and amending P.L.2009, c.213.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.� Section 1 of P.L.2009,
c.213 (C.4:1C-32.4) is amended to read as follows:
���� 1.� a.� Notwithstanding any
law, rule or regulation to the contrary, a person who owns preserved farmland
may construct, install, and operate biomass, solar, or wind energy generation
facilities, structures, and equipment on the farm, whether on the preserved
portion of the farm or on any portion excluded from preservation, for the
purpose of generating power or heat, and may make improvements to any
agricultural, horticultural, residential, or other building or structure on the
land for that purpose, provided that the biomass, solar, or wind energy
generation facilities, structures, and equipment:
���� (1)�� do not interfere
significantly with the use of the land for agricultural or horticultural
production, as determined by the committee;
���� (2)�� are owned by the
landowner, or will be owned by the landowner upon the conclusion of the term of
an agreement with the installer of the biomass, solar, or wind energy
generation facilities, structures, or equipment by which the landowner uses the
income or credits realized from the biomass, solar, or wind energy generation
to purchase the facilities, structures, or equipment;
���� (3)�� are used to provide
power or heat to the farm, either directly or indirectly, or to reduce, through
net metering or similar programs and systems, energy costs on the farm; and
���� (4) are limited (a) in annual
energy generation capacity to the previous calendar year�s energy demand plus
10 percent, in addition to what is allowed under subsection b. of this section,
or alternatively at the option of the landowner (b) to occupying no more than
one percent of the area of the entire farm including both the preserved portion
and any portion excluded from preservation
, except as provided in subsection
b. of this section
.
���� The person who owns the farm
and the energy generation facilities, structures, and equipment may only sell
energy through net metering or as otherwise permitted under an agreement
allowed pursuant to paragraph (2) of this subsection.�
���� b.��� The
[
limit
]
limits
on the annual energy generation capacity established pursuant to
[
subparagraph
(a) of
]
paragraph (4) of subsection a. of this section shall not include energy
generated from facilities, structures, or equipment
[
existing
]
located
on the roofs of buildings or other structures on the farm
[
as of the date
of enactment of P.L.2009, c.213 (C.4:1C-32.4 et al.)
]
, on unpreserved farmland, or
in an exception area.
�
���� c.���� A landowner shall seek
and obtain the approval of the committee before constructing, installing, and
operating biomass, solar, or wind energy generation facilities, structures, and
equipment on the farm as allowed pursuant to subsection a. of this section.�
The committee shall provide the holder of any development easement on the farm
with a copy of the application submitted for the purposes of subsection a. of
this section, and the holder of the development easement shall have 30 days
within which to provide comments to the committee on the application.� The
committee shall, within 90 days of receipt, approve, disapprove, or approve
with conditions an application submitted for the purposes of subsection a. of
this section.� The decision of the committee on the application shall be based
solely upon the criteria listed in subsection a. of this section and comments
received from the holder of the development easement.
���� d.��� No fee shall be charged
of the landowner for review of an application submitted to, or issuance of a
decision by, the committee pursuant to this section.
���� e.���� The committee may
suspend or revoke an approval issued pursuant to this section for a violation
of any term or condition of the approval or any provision of this section.
���� f.���� The committee, in
consultation with the Department of Environmental Protection and the Department
of Agriculture, shall adopt, pursuant to the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the
implementation of this section, including provisions prescribing standards
concerning impervious cover which may be permitted in connection with biomass,
solar, or wind energy generation facilities, structures, and equipment
authorized to be constructed, installed, and operated on lands pursuant to this
section.
���� g.��� In the case of biomass
energy generation facilities, structures, or equipment, the landowner shall
also seek and obtain the approval of the Department of Agriculture as required
pursuant to section 5 of P.L.2009, c.213 (C.4:1C-32.5) if the land is valued,
assessed and taxed pursuant to the �Farmland Assessment Act of 1964,� P.L.1964,
c.48 (C.54:4-23.1 et seq.).
���� h.��� Notwithstanding any
provision of this section to the contrary, the construction, installation, or
operation of any biomass, solar, or wind energy generation facility, structure,
or equipment in the pinelands area, as defined and regulated by the �Pinelands
Protection Act,� P.L.1979, c.111 (C.13:18A-1 et seq.), shall comply with the
standards of P.L.1979, c.111 and the comprehensive management plan for the
pinelands area adopted pursuant to P.L.1979, c.111.
���� i.���� For the purposes of
this section:
���� �Biomass� means an
agricultural crop, crop residue, or agricultural byproduct that is cultivated,
harvested, or produced on the farm and which can be used to generate energy in
a sustainable manner.
���� �Net metering� means the same
as that term is used for purposes of subsection e. of section 38 of P.L.1999,
c.23 (C.48:3-87).
���� �Preserved farmland� means
land on which a development easement was conveyed to, or retained by, the
committee, a board, or a qualifying tax exempt nonprofit organization pursuant
to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of
P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1
of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152
(C.13:8C-37 through C.13:8C-40), or any other State law enacted for farmland
preservation purposes.
(cf:� P.L.2009, c.213, s.1)
���� 2.� The State Agriculture
Development Committee shall, in accordance with the �Administrative Procedure
Act,� P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations to
implement the provisions of this act.
���� 3. �This act shall take effect
immediately.
STATEMENT
���� This bill would amend section
1 of P.L.2009, c.213 (C.4:1C-32.4), which authorizes the construction of
biomass, solar, and wind energy facilities, structures, and equipment on
preserved farmland, in order to exempt facilities, structures, and equipment
that are located on rooftops, unpreserved land, or exception areas from the
requirement that they be limited: (1) in annual energy generation capacity to
the previous calendar year�s energy demand plus 10 percent; or (2) to occupying
no more than one percent of the area of the entire farm.� Under this bill,
biomass, solar, and wind energy facilities, structures, and equipment that are
located on a rooftop, on unpreserved farmland, or in an exception area would
not be subject to these statutory size restrictions.