A5586

An Act concerning certain data center development public notice requirements and supplementing and amending P.L.1975, c.291.

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

1. (New section) The Legislature finds and declares that:

a. Data center development in this State is increasing at a rapid pace, oftentimes without the knowledge or considered evaluation of the residents of the municipality where the data centers are being built.

b. The unique operational demands of data centers frequently result in detrimental impacts to local communities, including heightened energy consumption, increased strain on public utilities, continuous noise pollution from cooling towers, and visual alterations to the surrounding landscape, affecting quality of life and the character of the community.

c. Pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), public notice requirements for preliminary site plan applications often fail to adequately inform the broader community about the unique scale and long-term environmental impacts of proposed data center developments.

d. Due to the profound and lasting effects these facilities have on local infrastructure, utility rates, and community character, enhanced transparency and expanded public notice are essential to ensure meaningful civic participation.

e. Providing enhanced notice requirements for data center development applications empowers neighboring property owners, local businesses, and municipal residents to better understand and engage with the development process.

f. The Legislature therefore finds that it is in the public interest to amend and supplement the "Municipal Land Use Law" to establish enhanced public notice standards specifically for data center developments.

2. (New section) Notwithstanding any provision of law, rule, regulation, or ordinance to the contrary, and in addition to the requirements of section 34 of P.L.1975, c.291 (C.40:55D-46), a developer who submits to a planning board an application for preliminary site plan approval of the development of a data center on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall:

a. administer at least one community information meeting to present the details of the project to the public, which shall be held at an accessible site within the proposed host municipality and be advertised at least one week prior to the meeting in appropriate publications pursuant to P.L.2025, c.72 (C.35:3-1 et al.) and on appropriate social media determined by the host municipality not less than 90 days before submitting the site plan for review;

b. coordinate standardized social media and Internet website posts with the host municipality, which the municipality may require by ordinance, concerning details of the project and the approval process, including, but not limited to:

(1) the time and date of the community information meeting required pursuant to subsection a. of this section;

(2) the time and date of the public hearing required pursuant to subsection a. of section 6 of P.L.1975, c.291 (C.40:55D-10);

(3) the public availability of maps and documents for which preliminary site plan approval is sought pursuant to subsection b. of section 6 of P.L.1975, c.291 (C.40:55D-10); and

(4) any documents detailing the scope and impact of the project, including environmental and noise impacts;

c. send direct mail with a plain-language summary of the project to the owners of properties within five miles of the proposed data center development site; and

d. provide or make available data center development information required pursuant to this section in multiple languages, including English, Spanish, and other commonly-spoken languages in the area.

3. (New section) The Department of Community Affairs shall establish and maintain on its Internet website a public portal aggregating all public notices concerning data center development published as required to be consistent with section 2 or 3, as applicable, of P.L.2025, c.72 (C.35:3-2 or C.35:3-3), and as provided is subsection a. of section 7.1 of P.L.1975, c.291 (C. 40:55D-12).

4. Section 3.1 of P.L.1975, c.291 (C.40:55D-4) is amended to read as follows:

3.1 "Data center" means a facility or facilities: (1) whose primary services are the storage, management, and processing of digital data; (2) that is used to house computer and network systems, including associated components such as servers, network equipment and appliances, telecommunications, and data storage systems, systems for monitoring and managing infrastructure performance, Internet-related equipment and services, data communications connections, environmental controls, fire protection systems, and security systems and services; and (3) has, or is projected to have, peak electrical load of at least 20 megawatts.

"Days" means calendar days.

"Density" means the permitted number of dwelling units per gross area of land that is the subject of an application for development, including noncontiguous land, if authorized by municipal ordinance or by a planned development.

"Developer" means the legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

"Development" means the division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, or of any mining excavation or landfill, and any use or change in the use of any building or other structure, or land or extension of use of land, for which permission may be required pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.).

"Development potential" means the maximum number of dwelling units or square feet of nonresidential floor area that may be constructed on a specified lot or in a specified zone under the master plan and land use regulations in effect on the date of the adoption of the development transfer ordinance or on the date of the adoption of the ordinance authorizing noncontiguous cluster, and in accordance with recognized environmental constraints.

"Development regulation" means a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto adopted and filed pursuant to P.L.1975, c.291 (C.40:55D-1 et seq.).

"Development restriction" means an agricultural restriction, a conservation restriction, or a historic preservation restriction.

"Development transfer" or "development potential transfer" means the conveyance of development potential, or the permission for development, from one or more lots to one or more other lots by deed, easement, or other means as authorized by ordinance.

"Development transfer bank" means a development transfer bank established pursuant to section 22 of P.L.2004, c.2 (C.40:55D-158) or the State TDR Bank.

"Drainage" means the removal of surface water or groundwater from land by drains, grading or other means and includes control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

"Electric vehicle supply equipment" or "electric vehicle service equipment" or "EVSE" means the equipment, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, and point of sale equipment and associated apparatus designed and used for the purpose of transferring energy from the electric supply system to a plug-in electric vehicle. "EVSE" may deliver either alternating current or, consistent with fast charging equipment standards, direct current electricity. "EVSE" is synonymous with "electric vehicle charging station."

"Environmental commission" means a municipal advisory body created pursuant to P.L.1968, c.245 (C.40:56A-1 et seq.).

"Erosion" means the detachment and movement of soil or rock fragments by water, wind, ice and gravity.

"Final approval" means the official action of the planning board taken on a preliminarily approved major subdivision or site plan, after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

"Floor area ratio" means the sum of the area of all floors of buildings or structures compared to the total area of land that is the subject of an application for development, including noncontiguous land, if authorized by municipal ordinance or by a planned development.

"General development plan" means a comprehensive plan for the development of a planned development, as provided in section 4 of P.L.1987, c.129 (C.40:55D-45.2).

"Governing body" means the chief legislative body of the municipality. In municipalities having a board of public works, "governing body" means such board.

"Historic district" means one or more historic sites and intervening or surrounding property significantly affecting or affected by the quality and character of the historic site or sites.

"Historic preservation restriction" means a "historic preservation restriction" as defined in section 2 of P.L.1979, c.378 (C.13:8B-2).

"Historic site" means any real property, man-made structure, natural object or configuration or any portion or group of the foregoing of historical, archeological, cultural, scenic or architectural significance.

"Inherently beneficial use" means a use which is universally considered of value to the community because it fundamentally serves the public good and promotes the general welfare. Such a use includes, but is not limited to, a hospital, school, child care center, group home, or a wind, solar or photovoltaic energy facility or structure.

"Instrument" means the easement, credit, or other deed restriction used to record a development transfer.

"Interested party" means: (a) in a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and (b) in the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under P.L.1975, c.291 (C.40:55D-1 et seq.), or whose rights to use, acquire, or enjoy property under P.L.1975, c.291 (C.40:55D-1 et seq.), or under any other law of this State or of the United States have been denied, violated or infringed by an action or a failure to act under P.L.1975, c.291 (C.40:55D-1 et seq.).

"Land" includes improvements and fixtures on, above or below the surface.

"Local utility" means any sewerage authority created pursuant to the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.); any utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); or any utility, authority, commission, special district or other corporate entity not regulated by the Board of Regulatory Commissioners under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water or sewer service to a municipality or the residents thereof.

"Lot" means a designated parcel, tract or area of land established by a plat or otherwise, as permitted by law and to be used, developed or built upon as a unit.

(cf: P.L.2021, c.171, s.5)

5. Section 7.1 of P.L.1975, c.291 (C.40:55D-12) is amended to read as follows:

7.1. Notice pursuant to subsections a., b., d., e., f., g., and h. of this section shall be given by the applicant unless a particular municipal officer is so designated by ordinance; provided that nothing contained herein shall prevent the applicant from giving [such] notice if [he] the applicant so desires. Notice pursuant to subsections a., b., d., e., f., g., and h. of this section shall be given at least 10 days prior to the date of the hearing. Any notice pursuant to subsections a., b., d., e., f., g., and h. of this section concerning the development of a proposed data center shall be given at least 25 days prior to the date of the hearing and include a plain-language summary of the project.

a. Public notice of a hearing shall be given for an extension of approvals for five or more years under subsection d. of section 37 of P.L.1975, c.291 (C.40:55D-49) and subsection b. of section 40 of P.L.1975, c.291 (C.40:55D-52); for modification or elimination of a significant condition or conditions in a memorializing resolution in any situation wherein the application for development for which the memorializing resolution is proposed for adoption required public notice, and for any other applications for development, with the following exceptions: (1) conventional site plan review pursuant to section 34 of P.L.1975, c.291 (C.40:55D-46), (2) minor subdivisions pursuant to section 35 of P.L.1975, c.291 (C.40:55D-47) or (3) final approval pursuant to section 38 of P.L.1975, c.291 (C.40:55D-50); notwithstanding the foregoing, the governing body may by ordinance require public notice for such categories of site plan review as may be specified by ordinance, for appeals of determinations of administrative officers pursuant to subsection a. of section 57 of P.L.1975, c.291 (C.40:55D-70), and for requests for interpretation pursuant to subsection b. of section 57 of P.L.1975, c.291 (C.40:55D-70). Public notice shall also be given in the event that relief is requested pursuant to section 47 or 63 of P.L.1975, c.291 (C.40:55D-60 or C.40:55D-76) as part of an application for development otherwise excepted herein from public notice.

In addition, public notice shall be given by a public entity seeking to erect an outdoor advertising sign on land owned or controlled by a public entity as required pursuant to section 22 of P.L.1975, c.291 (C.40:55D-31) or, if so provided by ordinance adopted pursuant to subsection g. of section 29.1 of P.L.1975, c.291 (C.40:55D-39), by a private entity seeking to erect an outdoor advertising sign on public land or on land owned by a private entity.

Public notice shall be given by publication [in the official newspaper of the municipality, if there be one, or in a newspaper of general circulation in the municipality] as required to be consistent with section 2 or 3, as applicable, of P.L.2025, c.72 (C.35:3-2 or C.35:3-3).

b. Except as provided in paragraph (2) of subsection h. of this section, notice of a hearing requiring public notice pursuant to subsection a. of this section shall be given to the owners of all real property, including the owners and landlords of rental property, as shown on the current tax duplicates, located in the State and within 200 feet in all directions of the property [which] that is the subject of [such] the hearing, and within 1,000 feet in all directions if the property that is the subject of the hearing is a proposed data center; provided that this requirement shall be deemed satisfied by the applicant or designated municipal officer by notice to the: (1) condominium association, in the case of any unit owner whose unit has a unit above or below it[,]; or (2) horizontal property regime, in the case of any co-owner whose apartment has an apartment above or below it. Notice shall be given by: (1) serving a copy thereof on the property owner as shown on the [said] current tax duplicate, or [his] the agent in charge of the property[,]; or (2) mailing a copy thereof by certified mail to the property owner at [his]the address as shown on the [said] current tax duplicate. Any notice concerning the development of a proposed data center shall include a plain-language summary of the project.

Notice to a partnership owner may be made by service upon any partner. Notice to a corporate owner may be made by service upon its president, a vice president, secretary or other person authorized by appointment or by law to accept service on behalf of the corporation. Notice to a condominium association, horizontal property regime, community trust, or homeowners' association, because of its ownership of common elements or areas located within 200 feet of the property [which] that is the subject of the hearing, or within 1,000 feet of the property if the property that is the subject of the hearing is a proposed data center, may be made in the same manner as to a corporation [without further].

Upon receiving a notification pursuant to this subsection, if the property that is the subject of the hearing is a proposed data center, a condominium association, horizontal property regime, community trust, homeowners’ association, or residential landlord shall provide notice to unit owners, co-owners, tenants, or homeowners [on account of such common elements or areas] for each individual dwelling unit that belongs to that property in a form and manner as the condominium association, horizontal property regime, community trust, homeowners’ association, or residential landlord disseminates information to individual property owners or tenants, which shall include a plain-language summary of the project, and shall provide verification to the municipal agency, in a form and manner as determined by the municipal agency, that notice was provided to each individual dwelling unit.

c. Upon the written request of an applicant, the administrative officer of a municipality shall, within seven days, make and certify a list from [said] the current tax duplicates of names and addresses of owners to whom the applicant is required to give notice pursuant to subsection b. of this section. In addition, the administrative officer shall include on the list the names, addresses, and positions of those persons who, not less than seven days prior to the date on which the applicant requested the list, have registered to receive notice pursuant to subsection h. of this section. The applicant shall be entitled to rely upon the information contained in [such] the list, and failure to give notice to any owner, to any public utility, cable television company, or local utility or to any military facility commander not on the list shall not invalidate any hearing or proceeding. A sum not to exceed $0.25 per name, or $10[.00], whichever is greater, may be charged for [such] the list.

d. Notice of hearings on applications for development involving property located within 200 feet of an adjoining municipality, or 1,000 feet in the case of a proposed data center, shall be given by personal service or certified mail to the clerk of [such] the municipality.

e. Notice shall be given by personal service or certified mail to the county planning board of a hearing on an application for development of property adjacent to an existing county road or proposed road shown on the official county map or on the county master plan, adjoining other county land or situated within 200 feet of a municipal boundary, or 1,000 feet in the case of a proposed data center.

f. Notice shall be given by personal service or certified mail to the Commissioner of Transportation of a hearing on an application for development of property adjacent to a State highway.

g. Notice shall be given by personal service or certified mail to the State Planning Commission of a hearing on an application for development of property which exceeds 150 acres or 500 dwelling units. The notice shall include a copy of any maps or documents required to be on file with the municipal clerk pursuant to subsection b. of section 6 of P.L.1975, c.291 (C.40:55D-10).

h. Notice of hearings on applications for approval of a major subdivision or a site plan not defined as a minor site plan under this act requiring public notice pursuant to subsection a. of this section shall be given: (1) in the case of a public utility, cable television company or local utility [which] that possesses a right-of-way or easement within the municipality and [which] that has registered with the municipality in accordance with section 5 of P.L.1991, c.412 (C.40:55D-12.1), by (i) serving a copy of the notice on the person whose name appears on the registration form on behalf of the public utility, cable television company or local utility or (ii) mailing a copy thereof by certified mail to the person whose name appears on the registration form at the address shown on that form; (2) in the case of a military facility [which] that has registered with the municipality and [which] that is situated within 3,000 feet in all directions of the property [which] that is the subject of the hearing, by (i) serving a copy of the notice on the military facility commander whose name appears on the registration form or (ii) mailing a copy thereof by certified mail to the military facility commander at the address shown on that form.

i. The applicant shall file an affidavit of proof of service with the municipal agency holding the hearing on the application for development in the event that the applicant is required to give notice pursuant to this section.

j. Notice pursuant to subsections d., e., f., g. and h. of this section shall not be deemed to be required, unless public notice pursuant to subsection a. and notice pursuant to subsection b. of this section are required.

(cf: P.L.2005, c.41, s.3)

6. Section 34 of P.L.1975, c.291 (C.40:55D-46) is amended to read as follows:

a. An ordinance requiring site plan review and approval shall require that the developer submit to the administrative officer a site plan and such other information as is reasonably necessary to make an informed decision as to whether the requirements necessary for preliminary site plan approval have been met. The site plan and any engineering documents to be submitted shall be required in tentative form for discussion purposes for preliminary approval. If any architectural plans are required to be submitted for site plan approval, the preliminary plans and elevations shall be sufficient.

b. If the planning board required any substantial amendment in the layout of improvements proposed by the developer that have been the subject of a hearing, an amended application for development shall be submitted and proceeded upon, as in the case of the original application for development. The planning board shall, if the proposed development complies with the ordinance and this act, grant preliminary site plan approval.

c. Upon the submission to the administrative officer of a complete application for a site plan which involves 10 acres of land or less, and 10 dwelling units or less, the planning board shall grant or deny preliminary approval within 45 days of the date of such submission or within such further time as may be consented to by the developer. Upon the submission of a complete application for a site plan which involves more than 10 acres, or more than 10 dwelling units, the planning board shall grant or deny preliminary approval within 95 days of the date of such submission or within such further time as may be consented to by the developer. Otherwise, the planning board shall be deemed to have granted preliminary approval of the site plan.

d. Notwithstanding any law, rule, or regulation to the contrary, a planning board shall not grant, or be deemed to have granted, preliminary approval for the development of a data center unless:

(1) the public has had at least 20 days from the date of the public hearing required pursuant to subsection a. of section 6 of P.L.1975, c.291 (C. 40:55D-10) to submit comments to the planning board; and

(2) the developer has complied with the requirements of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.1984, c.20, s.8)

7. This act shall take effect immediately.

STATEMENT

This bill provides that, notwithstanding any provision of law, rule, regulation, or ordinance to the contrary, and in addition to the requirements of section 34 of the "Municipal Land Use Law" (MLUL), P.L.1975, c.291 (C.40:55D-46), a developer who submits to a planning board an application for preliminary site plan approval of the development of a data center on or after the effective date of the bill is to:

(1) administer at least one community information meeting to present the details of the project to the public, which is to be held at an accessible site within the host municipality and be advertised at least one week prior to the meeting in appropriate publications and on appropriate social media, not less than 90 days before submitting the site plan for review;

(2) coordinate standardized social media and Internet website posts, which the municipality may require by ordinance, with the host municipality concerning details of the project and the approval process;

(3) send direct mail with a plain-language summary of the project to owners of properties within five miles of the data center development site; and

(4) provide data center development information in multiple languages, including English, Spanish, and other commonly-spoken languages in the area.

The bill provides that the Department of Community Affairs is to establish and maintain on its Internet website a public portal aggregating all public notices concerning data center development.

The bill also amends existing law to add a definition of "data center" to the MLUL, which includes data centers that have, or are projected to have, a peak electrical load of 20 megawatts. This 20-megawatt threshold for MLUL public notice purposes is intentionally set below the ratemaking threshold established under P.L.2026, c.32 (C.48:7-6.2), reflecting that land use and community impacts warrant public engagement at a smaller project scale than utility cost-allocation concerns. The bill further amends existing law to include the required notification of the public hearing for the proposed development of a data center to property owners and inhabitants for each individual dwelling unit within 1,000 feet of the property proposed for the data center development.

Lastly, the bill provides for an extended public comment period of 20 days from the date of a public hearing concerning the development of a data center.