Senator JEFF VAN DREW
District 1 (Cape May, Atlantic and Cumberland)
Allows construction of wind dependent energy facilities within 500 feet of mean high water line of tidal waters under certain circumstances.
CURRENT VERSION OF TEXT
An Act concerning wind dependent energy facilities in the coastal area and supplementing P.L.1973, c.185 (C.13:19-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of any rule or regulation adopted pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) to the contrary, construction of a wind dependent energy facility shall not be prohibited within 500 feet of the mean high water line of tidal waters pursuant to P.L.1973, c.185, provided that the permit application filed with the department meets all other criteria established by P.L.1973, c.185, any rules and regulations adopted pursuant thereto, and any other applicable law, rule or regulation.
b. Within 30 days after the date of enactment of this act, and notwithstanding any provision of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the department shall adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as deemed necessary to implement the provisions of this act which shall be effective for a period not to exceed 12 months and shall thereafter be amended, adopted or readopted in accordance with the provisions of P.L.1968, c.410.
2. This act shall take effect immediately.
This bill allows construction of wind dependent energy facilities within 500 feet of the mean high water line of tidal waters pursuant to the “Coastal Area Facility Review Act,” provided all other requirements of law, rule or regulation are met. Current DEP regulations permit only water dependent energy facilities to be constructed within 500 feet of the mean high water line. This bill also directs DEP to adopt rules and regulations concerning such permits within 30 days after the date of enactment of the bill into law. These rules and regulations will be effective for no more than 12 months and will be amended, adopted or readopted in accordance with the “Administrative Procedure Act.”