A 2403

ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 2403
STATE OF NEW JERSEY
222nd LEGISLATURE
� ADOPTED
JUNE 4, 2026
Sponsored by:
Assemblyman� WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
Assemblyman� CLINTON CALABRESE
District 36 (Bergen and Passaic)
Co-Sponsored by:
Assemblymen Bhalla and Macurdy
SYNOPSIS
���� Directs BPU to adopt rules and regulations
incentivizing solar energy generation in roadside rights-of-way.
CURRENT VERSION OF TEXT
���� Substitute as adopted by the Assembly
Telecommunications and Utilities Committee.
��
An Act concerning the use of roadside rights-of-way for
solar energy generation and supplementing Title 48 of the Revised Statutes.
���� Be It Enacted by the Senate and General Assembly of the State of New Jersey:
���� 1.��� a.� As used in this
section:�
���� �Board� means the Board of
Public Utilities.
���� �Electric public utility�
means a public utility, as that term is defined in R.S.48:2-13, that transmits
and distributes electricity to end users within the State.
���� �Owner� means the owner of a roadside
right-of-way solar energy project or a representative duly authorized to act on
the owner's behalf.
���� �Roadside right-of-way� means
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-way shall be within a boundary
between 30 and 100 feet from the road 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.
���� �Roadside 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 continued simultaneous use
of the roads below and adjacent to the panels.
���� b.��� No later than 180 days
after the effective date of this 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
���� (2)�� located on roadside
rights-of-way owned by State or local government units.
���� c.���� In developing rules and
regulations pursuant to subsection b. of this section, the board is authorized
to consult with the Commissioner of Transportation and Commissioner of
Environmental Protection.
���� d.��� To the extent possible,
the rules and regulations adopted pursuant to subsection b. of this section
shall include:�
���� (1)�� a 10 megawatt, as
measured in direct current, capacity limit for each individual project, which
amount the board may increase by no more than 50 megawatts, as measured in
direct current, each 12-month period;
���� (2)�� annual capacity targets,
such that the total capacity of all projects approved shall not exceed 200
megawatts, as measured in direct current, which amount the board may increase
by no more than 50 megawatts, as measured in direct current, each 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 the specific parcel;
���� (4)�� a requirement that the project
does not impair traffic patterns and does not prohibit access to the road
beyond the interstate lanes themselves;
���� (5)�� provisions to reduce or
offset emissions from New Jersey�s road systems and provisions to protect
driver safety;
���� (6)�� a requirement that the
location of the project does not obstruct travel safety or an ongoing
maintenance operation on the highway and does not otherwise compromise the
functional integrity of the highway or create a hazard to the public;
���� (7)�� standards to limit the
land use impact of a project as required in subsection r. of section 38 of
P.L.1999, c.23 (C.48:3-87), including standards for: �installation and
decommissioning techniques that minimize negative impacts to traffic, which may
include the posting of a performance bond for decommissioning; minimizing impervious
coverage; and managing emissions and stormwater runoff;
���� (8)�� a requirement that the
project complies with all applicable federal, State, or local laws, rules,
regulations, or ordinances;
���� (9)�� siting criteria and
restrictions, to the extent necessary to accomplish the purposes of the board�s
solar incentive programs;
���� (10)� criteria 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 this subsection;
���� (11) �authorizations to
suspend or revoke an incentive offered to a project for a violation of any term
or condition of the approval or any provision of this section;
���� (12) �an application process,
including any fees, escrows, or deposits as shall be determined by the board;
and
���� (13) �criteria for roadside
right-of-way solar energy projects, including, but not limited to: �
���� (a)�� proposals for monitoring
the traffic volume, accident count, and safety of the adjacent roadway;
���� (b)�� the incentive level
sought by the applicant;
���� (c)�� geographic location;
���� (d)�� interconnection
planning;
���� (e)�� proposals for minimizing
negative impacts to roadways;
���� (f)�� proposals to address
decommissioning;
���� (g)�� proposals for addressing
stormwater runoff, greenhouse gas emissions reduction, and other environmental
issues;
���� (h)�� technical feasibility;
���� (i)��� technical innovation;
���� (j)��� the quality of any
research committed to during the evaluation period; and
���� (k)�� any other criteria as
may be deemed advisable by the board, Department of Transportation, or
Department of Environmental Protection.
���� e.���� Notwithstanding the
provisions of any law, rule, regulation, or ordinance to the contrary, a roadside
right-of-way solar energy project incentivized by the board pursuant to this
section shall be a permitted use within every municipality.
���� 2.��� This act shall take
effect immediately.