Directs BPU to adopt rules and regulations incentivizing solar energy generation in roadside rights-of-way.*
What changed between versions
The bill no longer establishes a 'pilot program.' Instead it directs BPU to adopt rules incorporating roadside right-of-way solar projects into its existing solar incentive programs. The 36-month pilot duration, two 12-month extension periods, and the requirement to convert to a permanent program within 36-60 months are all removed.
New requirement that rules include provisions to reduce or offset emissions from New Jersey road systems and provisions to protect driver safety, adding an explicit environmental and safety mandate not present in the original.
The fixed 10 MW per-project capacity limit is now subject to BPU increasing it by up to 50 MW each 12-month period. The 200 MW total capacity cap is similarly adjustable by up to 50 MW per 12-month period, removing the hard statutory ceiling.
The original bill mandated BPU act 'in consultation with' the Commissioner of Transportation for all decisions. The ACS makes consultation with DOT and DEP merely authorized (not required) during rulemaking, shifting from a mandatory joint process to a unilateral BPU rulemaking with optional input.
New requirement that rules include standards to limit land use impact as required under C.48:3-87 subsection r, covering installation/decommissioning techniques, impervious coverage minimization, and emissions/stormwater management.
The original provision allowing the Commissioner of Transportation to request that BPU suspend or revoke an approval is removed. In its place, BPU itself is authorized to include provisions in its rules for suspending or revoking incentives.
The definitions of 'Commissioner' and 'Pilot program' are removed. The definition of 'roadside right-of-way' is retained unchanged (30-100 feet from road centerline).
The rulemaking deadline trigger changes from 'date of enactment' to 'effective date of this section,' and the 180-day window for BPU to adopt rules is retained but now applies to a broader rulemaking task rather than establishing a specific pilot program.
