Environmental & Energy bills in Trenton on Monday

Two bills that would restrict the authority of municipal governments to adopt ordinances that discourage the installation of solar panels or wind turbines on residential properties are one vote away from final passage in the New Jersey Legislature.
On Monday, the Assembly will consider A-3125  (Quijano) and S-2006 (Smith), two identical bills that would amend the state’s Municipal Land Use Law to prohibit municipalities from adopting excessively restrictive conditions on solar panel installations on a residential properties.
The bills clarify that a municipal ordinance would not be authorized to regulate the installation of photovoltaic solar energy systems when: 
  1. In the case of a roof mounted system, the panels, and all accessory equipment, extend 12 inches or less beyond the edge of the roofline or above the highest point of the roof surface or structure; or,
  2. In the case of a surface level or ground mounted system,  the system consists of 10 or less photovoltaic panels and is situated more than 50 feet from the nearest property boundary line.    

The bills also provide that a municipal ordinance regulating the installation on residential property of photovoltaic solar energy systems or small wind energy systems shall not require payment of any fee that exceeds the municipality’s processing costs for an application pertaining to the approval, installation, or operation of a system.

Also up for votes in the Assembly on Monday are:

A-861  Milam, M.W.

Requires license suspension of certain health care professionals and medical waste facilities, generators, and transporters for willful illegal or improper medical waste disposal.
A-3699  Watson Coleman, B. (D-15); Gusciora, R. (D-15); Tucker, C.G. (D-28)

Prohibits burial of Petty’s Run archaeological excavation site.
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‘Time of Application’ law effective today in New Jersey

“The long-awaited ‘time of application law,’ which locks in zoning under New Jersey’s Municipal Land Use Law at the time an application for development is filed, takes effect today.”

So advises Gibbons attorney Howard D. Geneslaw today in an alert to the firm’s clients and friends.

According to Mr. Geneslaw:

The law was intended to undo the “time of decision” rule under which the New Jersey Supreme Court, in Manalapan Realty v. Township Committee, 140 N.J. 366 (1995), decided that a municipality could change its zoning to negatively affect or even prohibit a project which was already under review by the municipal planning board. As a result, developers often were at peril if community opposition developed during the review and approval process and a change in regulations followed.

As of today, the development regulations which apply to a project will be those in effect on the date the application is filed with the municipal land use board. The new law, S-82, approved as P.L. 2010, Chapter 9 and codified at N.J.S.A. 40:55D-10.5, allowed municipalities a year to revise and update their development regulations. That year has elapsed, and municipalities are now presumed to have gotten their zoning house in order.

Beginning today, developers will be accorded the ability to rely on the development regulations which are in effect at the time they file their application, without fear of an unexpected zoning amendment if opposition develops to their proposal. The law which takes effect today follows a number of unsuccessful efforts in recent legislative sessions to enact a “time of application” rule. Finally, its time has come.

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NJDEP chief before Assembly Budget Committee today

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NJDEP chief before Assembly Budget Committee today

The New Jersey State House in Trenton is the s...

New Jersey Department of Environmental Protection Commissioner Bob Martin will appear at 10 am. today before the Assembly Budget Committee to outline his department’s FY2012 budget request.

The committee will meet in Room 11 on the Fourth Floor of the State House Annex on West State Street in Trenton.  

    You can follow the hearing live online or listen to a rebroadcast following the meeting,

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A batch of new environmental bills in New Jersey


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Construction and real estate prospects in New Jersey

What is the status and future of the construction and real estate sectors in New Jersey?

That’s the question that will be addressed today by workers and business representatives testifying before the New Jersey Assembly Commerce and Economic Development Committee.

The committee will meet at 2 p.m. in Room 9 on the Third Floor of the State House Annex on West State Street in Trenton.

You can listen to the hearing live online or catch a rebroadcast following the meeting’s completion.

Construction and real estate prospects in New Jersey Read More »

A batch of new environmental bills in New Jersey

Eleven new environmental bills, on topics ranging from development-permit extensions to license plates for striped bass enthusiasts, will be introduced in the New Jersey State Senate next Thursday (May 12). They are: 

S-2837 Stack, B.P. (D-33); Oroho, S.V. (R-24)
Requires certain State oversight of budgets of regional sewerage authorities.
   
S-2828 Stack, B.P. (D-33); Oroho, S.V. (R-24)
Requires State oversight of budgets of joint meetings.
   
S-2839 Weinberg, L. (D-37)
Extends “whistle-blower” protections to employee disclosure of governmental mismanagement, waste and abuse.
   
S-2847 Van Drew, J. (D-1)
Extends for two years expiration date of certain permits pursuant to “Permit Extension Act of 2008.”
   
S–2849 Van Drew, J. (D-1)
Provides for voluntary contributions by taxpayers on gross income tax returns for fish and wildlife management and conservation.
   
S-2850 Van Drew, J. (D-1)
Exempts  amusement parks and carnival amusement rides from noise restrictions of “Noise Control Act of 1971” during certain time periods and subject to certain conditions.
   
S-2856 Van Drew, J. (D-1)
Establishes flat digital striped bass motor vehicle license plates.
   
S-2857 Codey, R.J. (D-27); Doherty, M.J. (R-23)
Appropriates $84,495,199 from “2009 Green Acres Fund” and “Garden State Green Acres Preservation Trust Fund” for local government open space acquisition and park development projects.
   
S-2858 Greenstein, L.R. (D-14); Kean, T.H. (R-21)
Appropriates $14,818,787 from “2009 Green Acres Fund” and “Garden State Green Acres Preservation Trust Fund” for grants to certain nonprofit entities to acquire or develop lands for recreation and conservation purposes.
   
S-2859 Gordon, R.M. (D-38); Beck, J. (R-12)
Appropriates $45 million from “2009 Green Acres Fund” and $12 million from “2009 Blue Acres Fund” for State acquisition of lands for recreation and conservation purposes, including Blue Acres projects.
   
S-2865 Bucco, A.M. (R-25)
Revises certain exemptions to “Highlands Water Protection and Planning Act.”
Related Bill: A-1846 

** NOTE: Copies of  the above bills will be available for viewing or downloading from the
NJ State Legislature’s website on May 13. For no-effort tracking of these and all other
energy and environmental bills in New Jersey and Pennsylvania see offer below.

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Solar, wind energy and deer-control bills clear NJ Senate

Alternative energy legislation allowing the installation of solar panels and wind turbines on former landfills and former mining sites moved closer to enactment on Thursday (April 28) when the New Jersey Senate passed S-2126 (Whelan) on a 33-0 vote. 

This is the  second go-round for the environmental bill. It received final legislative approval on January 10, 2011, but was returned to the Legislature by Governor Chris Christie with recommended amendments affecting sites within the  jurisdiction of the NJ Pinelands Commission. The Senate approved those changes on Thursday and now sends the bill to the Assembly for final legislative approval.   


Another piece of environmental legislation had a rougher time. Senate Environment Committee Chairman Bob Smith’s S-2649 , which allows hunters to use bait to attract deer, also was approved but only by one vote more than a required 21-vote majority. The measure now moves on to the Assembly for consideration.


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Readers of our daily newsletter, EnviroPolitics, get to follow all environmental
and energy legislation in New Jersey and Pennsylvania—from introduction to enactment.  If legislation like this is important to you, your business or your organization, take advantage of our 30-day, free trial subscription.
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