Posts Tagged ‘Solar’

Was 2009 the year for renewables in NJ?

Written by Mike Pisauro on February 10th, 2010 in Green Building, land use, legislation, Renewable Energy, Solar, Uncategorized, Wind | No Comments »

A lot has happen since I wrote Renewables and Land Use Law in 2008.  2009 may be one of the best years for renewable energy in New Jersey.  Several laws were passed 2009-2010 in NJ that help move the acceptance and adoption of renewable energy in NJ.

There were two very significant bills.  The first modifies NJ land use laws.  P.L. 2009 C. 146 adds the definition of inherently beneficial to the land use statutes.  Up to now what was inherently beneficial was determined on a case by case basis and only after litigation.  The recently enacted law defines inherently beneficial (for the first time) to include “wind, solar or photovoltaic energy facility or structure.”  Being inherently beneficial is very useful for land use applicants who are seeking a D variance from their local land use board.  D variances are the toughest to get and require the applicant to show that the positive aspects of the project outweigh the negatives.  If your proposed project is inherently beneficial you automatically meet the positive requirements of a D variance.  What is left is showing that the proposal does not create a substantial detriment to the public good and will not substantially impact the zone plan and township ordinances.

Another law that will have far ranging implications is P.L. 2009 c. 244.  This law goes even farther than P.L. 2009 c. 146.  In essence this bill requires municipalities to allow small wind turbines within their borders.  The bill provides that municipalities “shall not unreasonably limit such limitations or unreasonably hinder the performance of such installations.”  Under the bill municipalities cannot enact ordinances that unduly restrict the installation of renewable energy.  A small wind energy system or turbine is one which is primarily for onsite consumption of electricity.  It is considered an unreasonable for a municipality to:

  • Prohibit small energy systems in all districts within the municipality
  • Restricting tower height by applying generic height ordinances that does not make allowance for tower heights.
  • Requiring setbacks more than 150 percent of the system height.
  • Setting noise level lower than 55 decibels.
  • Setting electrical or structural criteria that exceed the applicable UCC standards

This is a very important step forward for wind turbines in NJ.  It will not remove all barriers to the installation of wind turbines as a town could require a setback of 150% which many property owners may not meet.  Given that the towers for small wind energy systems are rated for hurricane winds, the setbacks really are overly restrictive.

P.L. 2009 c. 35 provides that on industrial property of 20 or more acres solar and wind systems are permitted uses.  This would prevent municipalities from requiring variances for the installation of these systems.  An applicant would only need a construction permit to install these kinds of systems.

P.L. 2009 c. 33 requires developers of new residential housing to offer as an option to their purchaser’s solar energy systems.  This requirement applies developments of 25 units or more.  The systems also must be covered under the New Home Warranty and Builder’s Registration Act.  Interesting the Legislature set out a section of findings prefacing this law.  The State has declared that, “[t]hat the installation of even small scale solar energy systems will combat global warming and reduce the nation’s dependence on foreign energy sources, resulting in a significant environment benefit.”  I would suggest a similar finding can be found for wind in the State of NJ.

P.L. 2009 c. 289 revises our electricity generation laws.  In particular it increases the amount of electricity that utilities selling power in NJ have to get from solar sources.  The law also changes the requirement from a percentage of total electricity generation to absolute numbers.  Under this law the State of NJ is requiring that utilities supply either directly or purchase from other generators the following gigawatt hours of electricity generated from solar systems:

2011 306 Gwhrs 2019 1,858 Gwhrs
2012 442 Gwhrs 2020 2,164 Gwhrs
2013 596 Gwhrs 2021 2,518 Gwhrs
2014 772 Gwhrs 2022 2,928 Gwhrs
2015 965 Gwhrs 2023 3,433 Gwhrs
2016 1,150 Gwhrs 2024 3,989 Gwhrs
2017 1,357 Gwhrs 2025 4,160 Gwhrs
2018 1,591 Gwhrs 2026 5,316 Gwhrs

After 2026 the State will still require at least 5,316 Gwhrs of electricity from solar sources.  The law allows for the number of Gwhrs to be increased.

The law also permits that the above schedule can be increased by 20% if in the three preceding years there were enough or excess SRECs to meet the requirements and the average price of SRECs in the same three years decreased.

The State changed the system from requiring a percentage of energy to absolute numbers because of the intent in the Energy Master Plan to reduce overall all energy demand.  If the RPS requirements remained as a percentage the State would start generating less electricity from renewable energy sources the more successful the EMP was.

The next two are not renewable energy bills but also fairly significant for the energy usage of NJ.

P.L. 2009 c. 106 requires the Department of Community Affairs to develop new enhanced energy codes.  These codes are based upon the projected energy costs for the next tens years.  The enhanced energy codes shall be designed to increase energy conservation for buildings.  In 2006 buildings accounted for 39% of the energy use in the United States.  So by enhancing the energy efficiency of new or renovated buildings will go a long way to reducing greenhouse gas emissions and overall energy usage.  The new codes are to be set so any increased in cost to meet the new codes will be paid back within seven years from the reduced energy usage.

Lastly, P.L. 2009 c. 33 allows BPU to give grant money to install energy efficiency, renewable energy, reduction in peak demand, and reduction in energy usage for commercial and industrial business with high peak demand.  As industry is one of the largest users of energy in NJ some have argued that more money should be spent to help them reduce their energy demands and thus help NJ reduce its consumption of fossil fuels.  I am frankly not that convinced that industry should be given this kind of hand out given that many of these energy efficiency, renewable energy systems will pay the company back in a relatively short time frame.

All of these new laws move renewable energy in NJ forward. They make it less expensive to buy, obtain permits and install.  The laws improve the market for renewable energy by creating a greater demand.  While NJ has moved forward we still have some road to travel.  There are several bills being considered for the 2010-2011 legislative session that will again impact NJ’s energy and environmental future.  I will look at these bills in a future post.

Other related posts:

NJ declares wind and solar energy as inherently beneficial
NJ Governor Canditates promote renewable energy, NJ needs more than rhetoric
Governor takes small steps for renewable energy, more needed.
Wind and Solar are ahead of coal in more than ways than one.
Federal RPS has been introduced

NJ Governor Canditates promote renewable energy, NJ needs more than rhetoric

Written by Mike Pisauro on July 18th, 2009 in land use, legislation, Politics, Renewable Energy | No Comments »

Recently the Republican and the Democratic candidates for NJ governor addressed renewable energy. NJ needs renewable energy. The Country and the World needs the switch to renewable energy. Christie’s website indicates we have one of the strongest renewable energy portfolio standard (RPS), but rank 48th in the country for renewable energy generation. Why? Well according to the EIA a vast majority of the renewable energy capacity and generation in the country is hydro power. NJ does not have a lot of hydro possibilities. So, if you take out hydro from the calculations, I am not so sure that NJ is doing so badly. For example, NJ is second only to California in solar generation. Granted NJ is a long way down from California but it is still ahead of 48 other states. Take a look at NJ is #2 in Solar and seeking to increase.

After hearing and reading about Chris Christie’s stump for renewable energy, I took at look at his website for more information on how he plans on getting us to the promised land of more renewable energy. With two exceptions the plan was a little sparse. Lots of rhetoric and not a lot of detail. Mr. Christie indicates that one of his methods encourage manufacturers of renewable energy systems to build plants here is to offer a credit of up to 100% corporate business tax or the insurance premium tax. I am not going to delve into the murky depths of whether a 100% tax credit is good or bad. I do wonder how a tax credit encourages the installation of renewable energy in NJ. The plan may or may not encourage companies to locate here, but it does not affect the actually installation of systems in NJ.

Christie also pledges to make solar farms a permitted use under our land use laws. He also pledges to require all landfills to install renewable energy systems on their properties. Lastly, he would allow up to 20% of a preserved farm to be used for solar farms instead of traditional farming products, i.e. vegetables, fruits, etc. There is no mention in his plan on how he will encourage and grow the use of wind energy in the State.

On the other hand, Gov. Corzine’s campaign website has no mention of a renewable energy plan. I presume he will point to the Energy Master Plan released late last year. That plan calls for 1000 megawatts of offshore wind by 2012 (that time frame looks to be way off, please see my post on MMS leases), and an increase in renewable energy generation to 30% by 2020 from the current goals of 22.5%. Those are good goals. But like the Christie plan goals without real concrete steps on how to reach them are not useful. The EMP is short on implementation. As noted above, NJ is not going to have 1000 megawatts of offshore wind by 2012.

Christies plan for solar farms on preserved farmlands is in one shape or form already in the works. S1538 was introduced in the Senate on March 17, 2008. It would allow wind, solar and biomass generation on up to 1% of the farmland including preserved farmland. The bill was passed in the Senate in June 25, 2009 and referred to the Assembly appropriations committee. An Assembly version was heard and reported out of committee, but it has not been considered by the full Assembly yet. With the upcoming elections in the Assembly, it may not be voted on by the full house until after the November elections.

There is also a bill (S1303) that would define wind and solar generation systems as inherently beneficial for land use purposes. This bill has passed out of both houses and is waiting for the Governor’s signature. That bill took almost a year and half to get where it is now. Hopefully the governor signs it into law. This bill is not the full measure that Christie calls for, but is a very small step in the right direction.

Last year the State did enact a law last year that prohibits municipalities from considering the value of renewable energy systems when calculating a properties value. That is a good step in encouraging people and businesses to install renewable energy systems. The law removes a perverse disincentive to renewable energy.

While it is good that both the Democratic and the Republican candidates have made renewable energy a part of their campaign, the State, its citizens and the environment needs more than rhetoric. The State needs to take the goals of the EMP and to implement them in an effective and efficient manner. The State will have to move several pieces of legislation in order to meet the 30% RPS goals some of which are noted above.

One of the most important steps to bringing renewable energy jobs and renewable energy to NJ is the removal of State and local impediments to renewable energy installation even the 22.5% goals by 2021 that are currently in place are unreachable. I have also called for the passage of a state law that would prohibit municipalities from restricting the installation of renewable energy systems. I have published an article discussing the conflicts between renewable energy and land use law. So far no legislator has been willing to introduce that legislation to would truly move the State to a renewable energy future. I do not believe that such legislation should not be earth shattering but would be a change in emphasis. We would be putting teeth in our current land use laws that require:

NJSA 40:55D-2.   It is the intent and purpose of this act:

a. To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare;

j. To promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through improper use of land;

n. To promote utilization of renewable energy resources . . .

Proposed legislation would elevate the goals of the land use laws to requirements for municipalities to meet. Municipal restrictions on renewable energy should be prohibited by state law unless there is a true public health and safety issue. This proposed legislation would be in line with laws already in places like California and Wisconsin. Such legislation would put teeth into the goals of NJ’s land use laws and to coordinate the States strong goals of promoting renewable energy. Hopefully, who ever the next Governor of NJ is, that person keeps their commitment to renewable energy and puts in place measures to really meet those commitments.

Wind and Solar are ahead of coal in more than ways than one.

Written by Mike Pisauro on February 17th, 2009 in Business, Renewable Energy, Solar, Sustainability, Wind | No Comments »

Everyone is talking about renewable energy.  Renewable energy is part of the Obama administration’s plan  and part of the stimulus plan.  Renewable energy is front and center to the State’s energy master plan and its Global Warming Response Act.  Well, wind and solar energy is also a major employer and economic driver.    I saw a couple of days ago over at Renewable + Law that wind and solar employees more people than the coal industry.

That is fairly amazing considering on how little electricity the country generates from renewables compared to the almost 50% from coal.  It does mean that by investing in renewables government will be driving employment.  I hope this also means that are at a tipping point away from fossil fuels and moving towards a more sustainable manner for generating energy.

NJ is #2 in solar and seeking to increase

Written by Mike Pisauro on December 14th, 2008 in Renewable Energy, Solar | 1 Comment »

As I have previously noted the State of New Jersey has finalized its long over due Energy Master Plan (here).  As part of that plan, the State is looking to increase the State’s use of renewable energy from 22.5% by 2020 to 30% by 2020.  This is called the Renewable Energy Portfolio Standard or RPS.   The RPS is split into Class 1 and Class 2 renewables.  Class 1 renewable is solar, wind, biomass, geothermal, wave, tidal, landfill gas, fuel cells, anaerobic digestion.   Under current regulations 20% of our electricity is required to come from Class 1 renewables by 2020.

The State as part of its RPS the State carves out 2.12% of the total renewable energy for solar installation.  This means that of the 20% of Class 1 renewable, 2.12% must come from solar energy.  The carve out is credited on making New Jersey the second highest State for solar generation behind California.

The Energy Master Plan proposes to increase the use of solar from 2.12% to a total of 2,120 GWh of solar.  The State is changing from percentage to actual amounts because if the State is successful in reducing energy consumption than the overall amount of solar energy under the old percentages would be lower.

In essence the EMP is a reaffirmation of the State’s commitment to renewable energy.  While this is good news and even though the State has stated a commitment to solar and renewable energy and the State has the second highest level of solar installation, 2008 was not a good year for solar.  Below is a graph from New Jersey’s Clean Energy Program on solar installations from 2001 to the end of June 2008.  (website)

2001 to June 2008 Solar Installation

2001 to June 2008 Solar Installation

There was a significant drop off in the installation of solar energy this year.  This may be the result of the freezing of the State’s rebate program.  The State stopped accepting new rebate applications for all but government entities for 2008.  Maybe as PSE&G’s loan program takes hold the numbers will reserve themselves.  What is clear is that if the State is serious on achieving increased adoption of solar energy it must makes sure the incentives are in place to achieve its goal.