SENATE, No. 921




DATED:  MARCH 18, 2010


      The Assembly Telecommunications and Utilities Committee reports favorably Senate Bill No. 921 (SCS).

      As reported, this bill would exempt solar panels from being calculated as an impervious surface or impervious cover, as it applies to the various laws relating to municipal land use, stormwater management, waterfront and coastal development, the Pinelands, and the Highlands, including agricultural development therein.

      By excluding solar panels from the calculation of an impervious surface or impervious cover, the committee substitute would eliminate certain requirements and would change calculations of impervious surfaces or covers as they apply to various development and management plans.

      Under the bill, a solar panel is defined as an elevated panel or plate, or a canopy or array thereof, that captures and converts solar radiation to produce power, and includes flat plate, focusing solar collectors, or photovoltaic solar cells and excludes the base or foundation of the panel, plate, canopy, or array.

      As reported, this bill would amend or supplement various sections of statutory law as follows:

      1)   section 1 amends the waterfront development law, R.S.12:5-3;              2)         section 2 supplements the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.);

      3)   section 3 amends the "Coastal Area Facility Review Act," ("CAFRA") P.L.1973, c.185 (C.13:19-1 et seq.);

      4)   section 4 supplements CAFRA;

      5)   sections 5, 6 and 7 amend the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et al.);

      6)   section 8 amends the law concerning county site plan reviews, P.L.1968, c.285 (C.40:27-6.1 et al.);

      7)   section 9 supplements the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.);

      8)   section 10 amends the law concerning storm water management plans, P.L.1981, c.32 (C.40:55D-93 et seq.) ; and

      9)   section 11 amends the law concerning conversion of age-restricted community developments, P.L.2009, c.82 (C.45:22A-46.3 et seq.).

      As reported by the committee, Senate Bill No. 921 (SCS) is identical to Assembly Bill No. 2289 which was also reported by the committee on this date.