Yesterday, the Senate Economic Growth committee passed three bills that will have a positive impact on the adoption of renewable energy in this State. While these bills do not put into the place the true policies that we need in order to move us from fossil fuels to renewables, it is better than nothing.
S1299 revises the State’s land use law by providing that solar and wind facilities are permitted use in all industrial zones where there are 20 acres or more. This is a step forward as prior to this bill, a town could zone its jurisdiction in such a way that wind and solar facilities were not permitted. Once these renewable systems are not permitted anyone who wanted to install the systems would have to apply to the township for a variance. Variances can very quickly become expensive, time consuming, and the outcome of the application is somewhat questionable.
S1303 adds a definiation to our land use laws. In order to obtain a “D” variance an applicant would have to show that their project is inherently beneficial, that it does not negatively impact the public good and does not substantially impair the municipality’s zone plan and zoning ordinances. Our current land use law has never defined the term -inherently beneficial. This bill codifies the term and provides that solar and wind systems are considered to be inherently beneficial. Again this is a step forward. It would be much better not to have to go for a variance, but if you do it is nice that part of your proofs are given to you by the State legislature.
S1538 would allow a farmer, who has sold his development rights to the State so that the farm is preserved under the farmland preservation program, to install solar or wind facilities for their own use. The farmer could also enter into an agreement with a third party for that third party to build the renewable energy system on the farmers property and the energy could be sold to the grid. Both scenerios are permitted as long as the renewable energy system does not substantially impact agricultural use of the property. The bill then goes one step further by stating that the right to install renewable energy systems is a agricultural activity; therefore, it is protected under the Right To Farm act.
These three bills again move us one step closer to a true policy that promotes renewable energy without the state. Hopefully we will quickly take the remaining steps.