Bill Text: NJ SCR11 | 2024-2025 | Regular Session | Amended


Bill Title: Amends Constitution to prohibit construction of new fossil fuel power plants.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-03-11 - Concurrent Resolution Placed on Desk in Assembly [SCR11 Detail]

Download: New_Jersey-2024-SCR11-Amended.html

[First Reprint]

SENATE CONCURRENT RESOLUTION No. 11

STATE OF NEW JERSEY

221st LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION

 


 

Sponsored by:

Senator  BOB SMITH

District 17 (Middlesex and Somerset)

Senator  JOHN F. MCKEON

District 27 (Essex and Passaic)

 

 

 

 

SYNOPSIS

     Amends Constitution to prohibit construction of new fossil fuel power plants.

 

CURRENT VERSION OF TEXT

     As reported by the Senate Environment and Energy Committee on March 4, 2024, with amendments.

  


A Concurrent Resolution proposing to amend Article I of the New Jersey Constitution by adding a new paragraph thereto.

 

     Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

 

     1.    The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

 

PROPOSED AMENDMENT

 

     Amend Article I of the State Constitution by the addition of the following paragraph:

     24.  No person shall construct or reconstruct, and the State shall not permit or otherwise approve the construction or reconstruction of, any new electric power generation facility in the State that produces electric power, in whole or in part, from the combustion of coal, natural gas, oil, or petroleum products.  The prohibition in this paragraph shall not apply to1:  (a)1 the repair or maintenance of an electric power generation facility 1that is1 in existence1, in the State,1 prior to the adoption of this amendment1; or (b) the construction, reconstruction, repair, or maintenance of an electric power generation facility that is or will be used and operated only on an intermittent, occasional, or emergency basis, as a peaking power plant, for the sole purpose of generating and supplying the State's electric grid with surplus electric power, in excess of base load requirements, as necessary to stabilize, reinforce, and ensure the ongoing and uninterrupted functionality and reliability of, the State's electric grid during periods of peak electricity demand.

     As used in this paragraph:

     "Base load requirements" or "base load" means the minimum amount of electric power, in total, that is required to be constantly generated and supplied to the State's electric grid in order to satisfy the ordinary and expected daily societal demand for electricity in New Jersey.

     "Peaking power plant" means an electric power generation facility that is not operated or used, on a daily or other regular basis, for the purpose of generating or supplying any portion of the electric power necessary to meet the State's base load requirements, but which can be quickly placed into operation and used, on an intermittent, occasional, or emergency basis, to generate and supply the State's electric grid with surplus electric power whenever, and to the extent that, such surplus power is needed to supplement base load, and to stabilize, bolster, reinforce, and ensure the ongoing and uninterrupted functionality and reliability of, the State's electric grid, during any period of peak electricity demand.

     "Period of peak electricity demand" means any temporary period of time, in any day, during which the societal demand for electricity exceeds base load requirements, and during which surplus electric power may be generated and supplied, by peaking power plants, as necessary both to satisfy the temporary increase in electricity demand and to stabilize, bolster, reinforce, and ensure the ongoing and uninterrupted functionality and reliability of, the State's electric grid during such temporary periods of increased demand1.

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

 

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.     In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b.    In every municipality the following question:

 

 

CONSTITUTIONAL AMENDMENT TO PROHIBIT THE CONSTRUCTION OF 1CERTAIN1 NEW FOSSIL FUEL POWER PLANTS

 

YES

 

 

     Do you approve amending the State Constitution to prohibit the construction of new fossil fuel power plants in the State?  Fossil fuel power plants produce electricity by burning coal, oil, natural gas, or petroleum products.  1The prohibition would not apply to the construction of peaking power plants.1 


 

 

 

INTERPRETIVE STATEMENT

 

NO

 

     This amendment to the State Constitution would prohibit the construction of new fossil fuel power plants in the State.  Fossil fuel power plants produce electricity by burning coal, oil, natural gas, or other petroleum products.  This amendment would also prohibit the State from approving the construction of new fossil fuel power plants.  The prohibition would not apply to the repair 1[and] or1 maintenance of existing fossil fuel power plants.  1The prohibition would also not apply to the construction, repair, or maintenance of power plants used solely to provide surplus electricity at times of peak demand.1

 

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