A 2403 — Directs BPU to adopt rules and regulations incentivizing solar energy generation in roadside rights-of-way.*

A2403 ACS ASSEMBLY COMMITTEE SUBSTITUTE FOR ASSEMBLY, No.

2403 STATE OF NEW JERSEY 222nd LEGISLATURE   PRE-FILEDADOPTED FORJUNE INTRODUCTION4, IN THE 2026 SESSION     Sponsored by:

AssemblymanAssemblyman  WILLIAM F.

District 5 (Camden and Gloucester) AssemblymanAssemblyman  CLINTON CALABRESE District 36 (Bergen and Passaic)    Co-Sponsored  by:   SYNOPSIS      Establishes pilot program for solar energy generation on roadside rights-of-way.

 Assemblymen CURRENTBhalla VERSIONand OFMacurdy TEXT    SYNOPSIS      IntroducedDirects PendingBPU Technicalto Reviewadopt byrules Legislativeand Counsel.regulations incentivizing solar energy generation in roadside rights-of-way.

    AnCURRENT ActVERSION concerningOF theTEXT use     ofSubstitute roadsideas rights-of-wayadopted forby solarthe energyAssembly generationTelecommunications and supplementingUtilities TitleCommittee. 48 of the Revised Statutes.

       An Act concerning the use of roadside rights-of-way for solar energy generation and supplementing Title 48 of the Revised Statutes.

            1.    1.   a.  As used in this section:            “Board” means the Board of Public Utilities.

          “Commissioner”“Electric public utility” means thea Commissionerpublic ofutility, Transportation.as that term is defined in R.S.48:2-13, that transmits and distributes electricity to end users within the State.

          “Electric“Owner” public utility” means athe publicowner utility,of asa thatroadside termright-of-way issolar definedenergy inproject R.S.48:2-13,or thata transmitsrepresentative andduly distributesauthorized electricity to endact userson withinthe thisowner's State.behalf.

          “Owner”“Roadside right-of-way” means theland owneron either side of a roadway, including the shoulder and surrounding vegetation, reserved for road maintenance, future expansion, stormwater drainage, and vehicle safety.  The roadside right-of-way solarshall energybe projectwithin or a representativeboundary dulybetween authorized30 toand act100 onfeet from the owner’sroad behalf.centerline, within the range of State control over land adjacent to the public road system, and within such an area that ensures that public safety, road maintenance, and future expansions are not impaired.

          “Pilot“Roadside program”right-of-way solar energy project” or “project” means energy generation facilities, structures, and equipment used to produce electric power from solar photovoltaic panels located on roadside rights-of-way that allow for the “Roadsidecontinued Right-of-Waysimultaneous Solaruse Energyof Pilotthe Program”roads establishedbelow pursuantand adjacent to subsectionthe b.panels.

     b.    No later than 180 days after the effective date of this section.section, the board shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to incorporate roadside right-of-way solar energy projects within its solar incentive programs.  The rules and regulations adopted pursuant to this section shall incentivize the construction, installation, and operation of projects that are:       (1)   connected to the distribution or transmission system owned or operated by an electric public utility;

     and “Roadside     right-of-way”(2)   meanslocated land on either side of a roadway, including the shoulder and surrounding vegetation, reserved for road maintenance, future expansion, stormwater drainage, and vehicle safety.  The roadside right-of-wayrights-of-way shallowned beby within a boundary between 30 and 100 feet from the road centerline, within the range of State controlor overlocal landgovernment adjacentunits. to the public road system, and within such an area that ensures that public safety, road maintenance, and future expansions are not impaired.

          “Roadsidec.     right-of-wayIn solardeveloping energyrules project” or “project” means energy generation facilities, structures, and equipmentregulations usedpursuant to producesubsection electricb. power from solar photovoltaic panels located on roadside rights-of-way that allow for the continued simultaneous use of the roads below and adjacent to the panels.

      b.   No later than 180 days after the date of enactment of P.L.    , c.    (C.        ) (pending before the Legislature as this bill),section, the board,board inis consultationauthorized with the commissioner, shall adopt, pursuant to theconsult “Administrativewith Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing a “Roadside Right-of-Way Solar Energy Pilot Program” to permit the construction,Commissioner installation, and operation of roadsideTransportation right-of-way solar energy projects that are connected to the distribution or transmission system owned or operated by an electric public utility and locatedCommissioner onof roadsideEnvironmental rights-of-wayProtection. owned by State or local government units.

          c.  d.    TheTo rulesthe andextent regulationspossible, adopted by the board,rules inand consultationregulations withadopted the commissioner, pursuant to subsection b.

of this section,section shall establish: include:            (1) (1)   a 10 megawatt, as measured in direct current, capacity limit for each individual project;project, which amount the board may increase by no more than 50 megawatts, as measured in direct current, each 12-month period;

          (2) (2)   annual capacity targets, such that the total capacity of all all projects approved under the pilot program shall not exceed 200 megawatts, as measured in direct current, exceptwhich amount the board may increase by no more than 50 megawatts, as otherwisemeasured providedin pursuantdirect tocurrent, subsectioneach f.12-month period;

     (3)   a prohibition on siting a project on private or federally-owned roadside rights-of-way, unless the board grants a waiver based on unique factors that make the project consistent with the character of thisthe section;specific parcel;

          (3) (4)   financiala incentivesrequirement availablethat to the projectsproject approveddoes pursuantnot impair traffic patterns and does not prohibit access to the pilotroad program;beyond the interstate lanes themselves;

          (4) (5)   aprovisions prohibitionto onreduce sitingor aoffset projectemissions onfrom privateNew or Jersey’s federally-ownedroad roadsidesystems rights-of-way, unless the board and commissionerprovisions grantto aprotect waiverdriver basedsafety; on unique factors that make the project consistent with the character of the specific parcel;

          (5) (6)   a requirement that the location of the project does not impairobstruct traffictravel patternssafety or an ongoing maintenance operation on the highway and does not prohibitotherwise accesscompromise to the roadfunctional beyondintegrity of the interstatehighway lanesor themselves;create a hazard to the public;

          (6) (7)   astandards requirementto thatlimit the locationland ofuse theimpact project does not obstruct travel safety or an ongoing maintenance operation on the highway and does not otherwise compromise the functional integrity of thea highwayproject oras createrequired ain hazardsubsection tor. the public;

     of (7) section a38 requirementof thatP.L.1999, thec.23 project(C.48:3-87), compliesincluding withstandards allfor: applicable federal, State, or local laws, rules, regulations, or ordinances;

      installation (8) and andecommissioning applicationtechniques processthat forminimize ownersnegative whoimpacts wish to solicittraffic, bidswhich formay a include projectthe asposting part of thea pilotperformance program,bond includingfor suchdecommissioning; fees or deposits as shall be determined by the board;

andminimizing      impervious (9) coverage; criteria, consistent with the provisions of paragraph (1) of subsection d.

of this section, for evaluating and scoringmanaging proposedemissions projects to determine which projects should be allowed to participate in the pilot program and bestormwater awardedrunoff; incentives pursuant to paragraph (3) of this subsection.

          d.  (8)   (1) An owner proposing a roadsiderequirement right-of-waythat solarthe energy project shallcomplies apply to the board before constructing, installing, or operating the project.  The board shall consult with the commissioner in the review and approval of all projectsapplicable underfederal, theState, pilotor program. local Inlaws, reviewingrules, andregulations, makingor decisionsordinances; on  projects, the board and the commissioner shall  consider certain criteria , including, but not limited to:        (a)  proposals for monitoring the traffic volume, accident count, and safety of the adjacent roadway;

          (b) (9)   siting criteria and restrictions, to the incentiveextent levelnecessary soughtto byaccomplish the applicant;purposes of the board’s solar incentive programs;

          (c) (10)  geographiccriteria location;for evaluating and scoring a proposed project to determine which projects should be awarded incentives pursuant to the rules and regulations adopted pursuant to subsection b.

     of (d)this interconnectionsubsection; planning;

          (e) (11) proposals authorizations forto minimizingsuspend negativeor impactsrevoke an incentive offered to roadways;a project for a violation of any term or condition of the approval or any provision of this section;

          (f) (12) proposals an toapplication addressprocess, decommissioning;including any fees, escrows, or deposits as shall be determined by the board;

     and (g)      proposals(13)  criteria for addressingroadside stormwaterright-of-way runoff,solar greenhouseenergy gasprojects, emissionsincluding, reduction,but andnot otherlimited environmentalto: issues;

       (h)      technical(a)   feasibility;proposals for monitoring the traffic volume, accident count, and safety of the adjacent roadway;

          (i)  (b)   technicalthe innovation;incentive level sought by the applicant;

          (j)  (c)   thegeographic qualitylocation; of any research committed to during the evaluation period;

and          (d)   (k) interconnection anyplanning; other criteria as may be deemed advisable by the board.

          The(e)   reviewproposals shallfor alsominimizing considernegative whetherimpacts the selected projects are of varying sizes.  The board, in consultation with the commissioner, shall, within 180 days after receipt, approve, disapprove, or approve with conditions, an application submitted pursuant to thisroadways; subsection.