A bill amending the Municipal Land Use Law which permits the location of renewable energy facilities in areas zoned for industrial use has passed the Assembly by a 62-14-2 vote, and will now move on to the Governor’s desk. The bill passed the Senate in February by a 36-3-1 vote.

The bill defines a “renewable energy facility” as “a facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.” The bill does not define “industrial district.” However, to be considered a permitted use, the renewable energy facility must be sited on a parcel or parcels of land comprising 20 or more contiguous acres.

Initial questions that come to mind, which will undoubtedly be decided in the courts down the road if this measure is signed by Governor Corzine, are:

1. What exactly is the definition of an “industrial district”? and

2. How strictly will zoning officers, land use boards and courts interpret the phrase “owned by the same person or entity” with respect to the 20 acre minimum requirement where an applicant is a contract purchaser of multiple contiguous parcels?

Here is the full language of A-2550:

1. A renewable energy facility on a parcel or parcels of land comprising 20 or more contiguous acres that are owned by the same person or entity shall be a permitted use within every industrial district of a municipality. For the purposes of this section: “renewable energy facility” means a facility that engages in the production of electric energy from solar technologies, photovoltaic technologies, or wind energy.

2. This act shall take effect immediately.

For a copy of A-2550, click here.