New Jersey S 3944: Establishes task force to study recycling streams in NJ and challenges faced by local governments in running recycling programs.

Bill Text

S3944 

SENATE, No. 3944 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

INTRODUCED MARCH 12, 2026

Sponsored by:

Senator� BOB SMITH

District 17 (Middlesex and Somerset)

Senator� LATHAM TIVER

District 8 (Atlantic and Burlington)

SYNOPSIS

���� Authorizes renewable energy systems on preserved 
farmland to provide power or heat to adjacent properties, under certain 
conditions. 

CURRENT VERSION OF TEXT 

���� As introduced.

�� 

An Act concerning renewable energy systems on preserved 
farmland and amending P.L.2009, c.213.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.� Section 1 of P.L.2009, 
c.213 (C.4:1C-32.4) is amended to read as follows:

���� 1.� a.� Notwithstanding any 
law, rule or regulation to the contrary, a person who owns preserved farmland 
may construct, install, and operate biomass, solar, or wind energy generation 
facilities, structures, and equipment on the farm, whether on the preserved 
portion of the farm or on any portion excluded from preservation, for the 
purpose of generating power or heat, and may make improvements to any 
agricultural, horticultural, residential, or other building or structure on the 
land for that purpose, provided that the biomass, solar, or wind energy 
generation facilities, structures, and equipment:

���� (1)�� do not interfere 
significantly with the use of the land for agricultural or horticultural 
production, as determined by the committee;

���� (2)�� are owned by the 
landowner, or will be owned by the landowner upon the conclusion of the term of 
an agreement with the installer of the biomass, solar, or wind energy 
generation facilities, structures, or equipment by which the landowner uses the 
income or credits realized from the biomass, solar, or wind energy generation 
to purchase the facilities, structures, or equipment; 

���� (3)�� are used to:

���� (a) provide power or 
heat to the farm, either directly or indirectly, [or to]

���� (b) reduce, through net 
metering or similar programs and systems, energy costs on the farm, or

���� (c) provide power or heat 
to a property adjacent to the farm, either directly or indirectly, so long as 
the adjacent property is the primary residence of an owner or operator of the 
farm; and

���� (4) are limited (a) in annual 
energy generation capacity to the previous calendar year's energy demand plus 
10 percent, in addition to what is allowed under subsection b. of this section, 
or alternatively at the option of the landowner (b) to occupying no more than 
one percent of the area of the entire farm including both the preserved portion 
and any portion excluded from preservation.

���� The person who owns the farm 
and the energy generation facilities, structures, and equipment may only sell 
energy through net metering or as otherwise permitted under an agreement 
allowed pursuant to paragraph (2) of this subsection.

���� b.��� The limit on the annual 
energy generation capacity established pursuant to subparagraph (a) of 
paragraph (4) of subsection a. of this section shall not include energy 
generated from facilities, structures, or equipment existing on the roofs of 
buildings or other structures on the farm as of the date of enactment of 
P.L.2009, c.213 (C.4:1C-32.4 et al.).

���� c.���� A landowner shall seek 
and obtain the approval of the committee before constructing, installing, and 
operating biomass, solar, or wind energy generation facilities, structures, and 
equipment on the farm as allowed pursuant to subsection a. of this section.� 
The committee shall provide the holder of any development easement on the farm 
with a copy of the application submitted for the purposes of subsection a. of 
this section, and the holder of the development easement shall have 30 days 
within which to provide comments to the committee on the application.� The 
committee shall, within 90 days of receipt, approve, disapprove, or approve 
with conditions an application submitted for the purposes of subsection a. of 
this section.� The decision of the committee on the application shall be based 
solely upon the criteria listed in subsection a. of this section and comments 
received from the holder of the development easement.

���� d.��� No fee shall be charged 
of the landowner for review of an application submitted to, or issuance of a 
decision by, the committee pursuant to this section.

���� e.���� The committee may 
suspend or revoke an approval issued pursuant to this section for a violation 
of any term or condition of the approval or any provision of this section.

���� f.���� The committee, in 
consultation with the Department of Environmental Protection and the Department 
of Agriculture, shall adopt, pursuant to the "Administrative Procedure 
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations 
necessary for the implementation of this section, including provisions 
prescribing standards concerning impervious cover which may be permitt