New Jersey Zoning Watch

A law blog on New Jersey land use issues

Archive for April, 2010

Solar Panels Do Not Constitute Impervious Cover Under New Law

Posted by Phil Morin on April 22, 2010

 On Thursday, legislation designed to make it easier for both homeowners and businesses to install clean-energy producing solar panels was signed into law by Governor Chris Christie.  Specifically, S-921 amends a number of laws, including the the Municipal Land Use Law, Highland Act, Pinelands Act, and legislation relating to various NJDEP approvals, including coastal development permits, to exempt solar panels from being considered as “impervious cover” or “impervious surface.”  This legislative change is significant as local zoning laws typically set maximum impervious surface or coverage percentages and municipal and state agencies have been inconsistent in determining whether solar panels should constitute an impervious surface. 

According to a release from two of the primary sponsors, Senator Bob Smith (D-Middlesex, Somerset) and Senator James Beach (D-Camden):

Currently, there are numerous state laws and regulations that prohibit what is known as “impervious cover” or “impervious surface” from covering large expanses of a given property. Impervious surfaces or cover can be anything such as driveways, homes, pavement or any other cover that prevents water from being absorbed into the ground, thereby preventing aquifers from being replenished and causing run-off, soil erosion, flooding and other environmental hazards.

The new law (S-921) will exempt solar panels from being considered “impervious cover” because they are elevated panels that do not completely cap the ground and prevent water absorption. The exemption will allow for the development of solar panels in various protected areas where they are currently prohibited such as the Pinelands, the Highlands, coastal and waterfront areas, and other areas protected by the Municipal Land Use Law.

Following the bill signing, Governor Chris Christie commented on the new law: “There is a balance to be struck between responsible land-use law and well-intended but burdensome restrictions that do more harm than good,” Governor Christie said. “This legislation removes the regulatory burden, serves our environment by expanding renewable energy assets and serves the economy by creating demand for solar panel production.” 

Other Republicans also eagerly supported the legislation:

“Most people don’t realize that New Jersey is one of the largest and fastest growing solar energy producers in the country,” said primary sponsor State Senator Jennifer Beck (R-Monmouth). “While there is a growing demand from homeowners, farmers and the business community to install solar panels on their properties, many have found a patchwork of conflicting laws and regulations that have prevented clean energy installations. This legislation removes a major obstacle that has prevented our state’s growth in solar energy.”

Municipalities and environmental regulators have been inconsistent in their determination of how ground-level solar panel arrays should be considered for zoning purposes and compliance with environmental regulations, with some designating the structures as impervious surfaces. This designation has prevented some proposed solar energy installations from being built.  The legislation, S-921, specifically exempts solar panel installations from being considered an impervious surface cover.

“This legislation will ensure that solar panels are considered in a uniform manner for zoning and environmental purposes, which will eliminate confusion and speed the adoption of clean energy in New Jersey,” said Assemblyman Declan O’Scanlon (R-Monmouth), a co-sponsor of the legislation.

“There’s no reason the Garden State cannot become the biggest producer of clean solar energy in the nation,” added Assemblywoman Caroline Casagrande (R-Monmouth).

In addition to signing this legislation on Earth Day, Governor Christie has been promoting his energy policy all week, as noted in a release from the Governor’s Office regarding a recent Board of Public Utilities conference on sustainability.  For the release, click HERE.

Posted in Alternative Energy, Environmental Issues, Green Legislation, Highlands, Pinelands | Leave a Comment »

Governor’s Red Tape Review Commission Report Released

Posted by Phil Morin on April 19, 2010

The Governor’s Office released the report of the Red Tape Review Group today.  The following is the text of the press release announcing the public dissemination of the report: 

The Red Tape Review Group, chaired by Lt. Governor Kim Guadagno, today presented its final report to Governor Chris Christie and released it to the public. 

Created by Executive Order 3, the Red Tape Review Group, a bipartisan body with representatives from both the Legislative and Executive Branches of State government, was empowered to “review all pending and proposed rules and regulations” frozen under Executive Order 1, as well as all operative Executive Orders from previous administrations. 

“I want to thank Lt. Governor Guadagno and the members of the Red Tape Review Group for undertaking this important work to begin unraveling the layers of burdensome rules and regulations that make it difficult and expensive for New Jersey’s businesses to succeed,” said Governor Christie. “The work of this bipartisan group, done with transparency and considerable dialogue with the public, has resulted in a wide-ranging list of recommendations for my consideration.  I look forward to continuing to work with the Lt. Governor, the members of the Group and the Legislature to act on these recommendations and achieve additional reforms to improve New Jersey’s climate for economic growth and job creation.” 

In submitting the final report, Lt. Governor Guadagno said, “This process clearly demonstrated that there is bipartisan agreement on the poor condition of New Jersey’s regulatory climate and the need for action to cut through the red tape while maintaining a strong commitment to public health and safety.  What we do here in Trenton affects job creators and families throughout the State and we have a clear opportunity to act to change that reality in a positive way.  I want to thank the other members of the Red Tape Review Group and their staffs for their work as well as the various stakeholders who added there perspective.” 

In addition to Lt. Gov. Guadagno, the Red Tape Review Group included Senator Steve Oroho, Assemblyman John Burzichelli, Assemblyman Scott Rumana, Senator Barbara Buono, Acting Commissioner of the Department of Community Affairs Lori Grifa, Commissioner of the Department of Environmental Protection Bob Martin, and Chief Counsel to the Governor Jeff Chiesa. 

Assemblyman John J. Burzichelli said, “New Jerseyans have been waiting for too long for us to find ways to reduce the mountains of regulation affecting their daily lives, while still honoring our responsibility to protect the environment and citizens.  From the hours of public hearings and working alongside the Lt. Governor, it was clear that she and this committee were serious about making this process fair and bipartisan.  The Assembly has already taken steps to ease burdensome regulations, and now this report gives us a blueprint for how to get more reform done in Trenton.”  Said Assemblyman Scott Rumana: ”This process gave us a glimpse into the more than 25,000 pages of New Jersey regulations that currently exist.  Regulators forget that the volumes of rules have had a tremendous effect on everyone in New Jersey, from the young entrepreneur who wants to open a business, to the new family trying to build a home.  We’ve got to get a handle on this process and the Red Tape Review Group’s work has given us a good start. 

“At a time like this in our economy, we cannot afford to block economic development through onerous and often ridiculous regulation, said Senator Steve Oroho. “We can and must find ways to restore common sense to the regulatory process and make State government more accountable and responsive to the people we serve.”

In its first 90 days, The Red Tape Review Group conducted a transparent and bipartisan review to provide tangible and realistic recommendations that will lead to economic growth and job creation.  The Group has recommended the withdrawal or modification of 16 of the 128 rules (12.5 percent) that were frozen by Executive Order 1.  If 12.5 percent of the remaining 26,000 pages of rules were to be withdrawn or modified, continuing the Red Tape Review process could result in the elimination of over 3,000 pages of rules.  This is the equivalent of approximately 111 chapters from the administrative code.   

While the first 90 days required agencies and departments to review frozen proposed rules and regulations, Executive Order No. 2 also called for the review of existing regulations for compliance with the common sense principles and were given 180 days to complete the task. 

Long-Term Legislative, Regulatory and Policy Recommendations. 

The Red Tape Review Group also provided long-term legislative, regulatory and policy recommendations to ensure New Jersey government continues to streamline and more effectively coordinate services that impact economic growth and job creation.

Improving and Expediting the Rulemaking Process.  The testimony received by the Red Tape Review Group made clear that it is overly difficult for a State agency to alter a rule proposal based upon reasonable and justifiable public comment.  The “Administrative Procedure Act” should be revised to permit State agencies to adopt substantive changes to proposed rules based on public comment without needing to undergo the entire rule-making process anew, provided that an additional public comment period is provided prior to the altered rule taking effect.

Giving Entities the Ability to Combat Unfunded Mandates.  Provide for new and expanded powers to combat unfunded mandates, including permitting the Council on Local Mandates to proactively seek out mandates, enlarging the number of groups who can bring complaints to the Council, and enlisting the assistance of the State’s law schools to undertake a review of all mandates presently contained in the statutory law and administrative code.

Following “Common Sense Principles.”    State agencies should adopt the “Common Sense Principles” for rule-making.

Creating Consistent and Timely Review of Regulation and Rule Effectiveness.  Establish a Red Tape Review Group to succeed the 90-day Red Tape Review Group.

For a copy of the report, click HERE.

Posted in Legislation, New Jersey Government | Leave a Comment »

 
Follow

Get every new post delivered to your Inbox.