S745

An Act concerning the construction, installation, and operation of certain energy project components on preserved farmland and supplementing Title 4 of the Revised Statutes.

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

1. a. As used in this section:

“Committee” means the State Agriculture Development Committee established pursuant to section 4 of P.L.1983, c.31 (C.4:1C-4).

“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.

b. Notwithstanding the provisions of any law, rule, or regulation to the contrary, a person or entity may construct, install, and operate energy project transmission and distribution components, facilities, structures, equipment, and improvements on preserved farmland, including improvements associated with access to such components, whether on the preserved portion of the farm or on any exception area or other portion excluded from preservation and regardless of whether the energy generating from the project is used on the farm, and may make improvements to any agricultural, horticultural, residential, or other building or structure on the land for that purpose, so long as:

(1) the owner of the preserved farmland has granted rights or otherwise approved such components, facilities, equipment, and improvements;

(2) generating facilities are not located on the farm pursuant to this section and the facilities authorized by this subsection shall be limited to those associated with the transmission and distribution of energy, along with access to such facilities;

(3) the components, facilities, structures, and equipment for any single project are located within a right-of-way not to exceed fifty feet in width located as close as reasonably practical, based on applicable constraints, to the edge of the preserved portion of the farm and are installed by any of the following methods and subject to the following limitations:

(a) overhead lines shall be located within the right-of-way, with any disturbance around associated poles and in the work area to be returned as close as reasonably practical to existing conditions after completion of the work;

(b) open cut trenches shall be located within the right-of-way with the components to be installed at a depth of greater than three feet below grade, with the trench to be backfilled and with any disturbance in the work area to be returned as close as reasonably practical to existing conditions after completion of the work;

(c) the use of a cable plow to cut a narrow trench into the ground and simultaneously lay the cable shall be located within the right-of-way with the components to be installed at a depth of greater than three feet below grade, with any open areas to be backfilled and with any disturbance in the work area to be returned as close as reasonably practical to existing conditions after completion of the work; and

(d) the underground bore shall be located within the right-of-way at a depth of greater than three feet below grade; and

(4) any improvements or use, including roadway improvements, that require access outside of the right-of-way shall be limited to an additional right-of-way not to exceed fifty feet in width and shall be allowed only when no other access route is reasonably practical. The additional right-of-way shall be located either:

(a) as close as reasonably practical based on applicable constraints to the edge of the preserved portion of the farm; or

(b) in and around any existing driveway that is adjacent to, or that leads to, the energy project facilities.

c. Any use of preserved farmland that is consistent with the provisions of subsection b. of this section shall be automatically allowed without approval required from the committee.

d. For any use of preserved farmland that is associated with energy project transmission or distribution, but that is not consistent with the provisions of subsection b. of this section, the person or entity shall submit an application to the committee to seek approval before constructing, installing, and operating any energy project components, facilities, structures, or equipment on the farm, with such approval not to be unreasonably withheld, conditioned, or delayed. The committee shall provide the holder of any development easement on the farm with a copy of the application submitted pursuant to this subsection, 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 pursuant to this subsection. The committee shall base application decisions solely upon whether the proposed installations will interfere significantly with the use of the land for agricultural or horticultural production, considering comments received from the holder of the development easement, and balancing against the energy needs of the State.

e. No fee shall be charged of the applicant for review of an application submitted to, or issuance of any decision by, the committee pursuant to this section.

f. 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.

g. Notwithstanding any provision of this section to the contrary, the construction, installation, or operation of any energy project transmission or distribution component, 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 (C.13:18A-1 et seq.) and the comprehensive management plan for the pinelands area adopted pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.).

h. In making any decisions pursuant to this section, the committee shall balance the need for land for suitable agricultural or horticultural production with the energy needs of the State.

2. This act shall take effect immediately.

STATEMENT

This bill would amend current law to authorize, in limited circumstances, the construction, installation, and operation of energy project transmission and distribution components, facilities, structures, equipment, and improvements on preserved farmland.

Under the bill, a person or entity would be authorized to construct, install, or operate energy project transmission and distribution components, facilities, structures, equipment, and improvements on preserved farmland, so long as: (1) the owner of the preserved farmland has granted rights or otherwise approved such components, facilities, equipment and improvements; (2) generating facilities are not located on the farm and the facilities are to be limited to those associated with the transmission and distribution of energy, along with access to such facilities; (3) the components, facilities, structures, and equipment for any single project are located within a right-of-way not to exceed fifty feet in width located as close as reasonably practical, based on applicable constraints, to the edge of the preserved portion of the farm and are installed in a manner subject to the limitations outlined in the bill; and (4) any improvements or use, including roadway improvements, that require access outside of the right-of-way are limited to an additional right-of-way not to exceed fifty feet in width and are allowed only when no other access route is reasonably practical.

Any use of preserved farmland that is consistent with the bill’s provisions would be automatically allowed without approval required from the State Agricultural Development Committee (committee). However, for any use of preserved farmland that is associated with energy project transmission or distribution, but that is not consistent with the bill’s provisions, the person or entity would be required to submit an application to the committee to seek approval before constructing, installing, and operating any energy project components, facilities, structures, or equipment on the farm.

The committee would be required to provide the holder of any development easement on the farm with a copy of the application, and the holder of the development easement would have 30 days to provide comments to the committee on the application. The committee would be required, within 90 days of receipt, to approve, disapprove, or approve with conditions the application. The committee may suspend or revoke an approval issued for a violation of any term or condition of the approval or any of the bill’s provisions.

The intent of this bill is to serve the best interests of the citizens of New Jersey by allowing the construction, installation, and operation of energy project transmission and distribution components, facilities, structures, equipment, and improvements, including improvements associated with access to such components, on preserved farmland without materially depleting the availability of agricultural land in the State and by balancing against the State’s need for additional energy supply.