Bill Text: NJ A2403 | 2026-2027 | Regular Session | Comm Sub
Bill Title: Directs BPU to adopt rules and regulations incentivizing solar energy generation in roadside rights-of-way.
Sponsorship: Partisan Bill (Democrat 4)
Status: (Engrossed) 2026-09-28 - Received in the Senate, Referred to Senate Environment and Energy Committee [A2403 Detail]
Download: New_Jersey-2026-A2403-Comm_Sub.html
ASSEMBLY COMMITTEE SUBSTITUTE FOR
ASSEMBLY, No. 2403
STATE OF NEW JERSEY
222nd LEGISLATURE
ADOPTED JUNE 4, 2026
Sponsored by:
Assemblyman WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
SYNOPSIS
Directs BPU to adopt rules and regulations incentivizing solar energy generation in roadside rights-of-way.
CURRENT VERSION OF TEXT
Substitute as adopted by the Assembly Telecommunications and Utilities Committee.
An Act concerning the use of roadside rights-of-way for solar energy generation and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Board" means the Board of Public Utilities.
"Electric public utility" means a public utility, as that term is defined in R.S.48:2-13, that transmits and distributes electricity to end users within the State.
"Owner" means the owner of a roadside right-of-way solar energy project or a representative duly authorized to act on the owner's behalf.
"Roadside right-of-way" means land on either side of a roadway, including the shoulder and surrounding vegetation, reserved for road maintenance, future expansion, stormwater drainage, and vehicle safety. The roadside right-of-way shall be within a boundary between 30 and 100 feet from the road centerline, within the range of State control over land adjacent to the public road system, and within such an area that ensures that public safety, road maintenance, and future expansions are not impaired.
"Roadside right-of-way solar energy project" or "project" means energy generation facilities, structures, and equipment used to produce electric power from solar photovoltaic panels located on roadside rights-of-way that allow for the continued simultaneous use of the roads below and adjacent to the panels.
b. No later than 180 days after the effective date of this section, the board shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to incorporate roadside right-of-way solar energy projects within its solar incentive programs. The rules and regulations adopted pursuant to this section shall incentivize the construction, installation, and operation of projects that are:
(1) connected to the distribution or transmission system owned or operated by an electric public utility; and
(2) located on roadside rights-of-way owned by State or local government units.
c. In developing rules and regulations pursuant to subsection b. of this section, the board is authorized to consult with the Commissioner of Transportation and Commissioner of Environmental Protection.
d. To the extent possible, the rules and regulations adopted pursuant to subsection b. of this section shall include:
(1) a 10 megawatt, as measured in direct current, capacity limit for each individual project, which amount the board may increase by no more than 50 megawatts, as measured in direct current, each 12-month period;
(2) annual capacity targets, such that the total capacity of all projects approved shall not exceed 200 megawatts, as measured in direct current, which amount the board may increase by no more than 50 megawatts, as measured in direct current, each 12-month period;
(3) a prohibition on siting a project on private or federally-owned roadside rights-of-way, unless the board grants a waiver based on unique factors that make the project consistent with the character of the specific parcel;
(4) a requirement that the project does not impair traffic patterns and does not prohibit access to the road beyond the interstate lanes themselves;
(5) provisions to reduce or offset emissions from New Jersey's road systems and provisions to protect driver safety;
(6) a requirement that the location of the project does not obstruct travel safety or an ongoing maintenance operation on the highway and does not otherwise compromise the functional integrity of the highway or create a hazard to the public;
(7) standards to limit the land use impact of a project as required in subsection r. of section 38 of P.L.1999, c.23 (C.48:3-87), including standards for: installation and decommissioning techniques that minimize negative impacts to traffic, which may include the posting of a performance bond for decommissioning; minimizing impervious coverage; and managing emissions and stormwater runoff;
(8) a requirement that the project complies with all applicable federal, State, or local laws, rules, regulations, or ordinances;
(9) siting criteria and restrictions, to the extent necessary to accomplish the purposes of the board's solar incentive programs;
(10) criteria for evaluating and scoring a proposed project to determine which projects should be awarded incentives pursuant to the rules and regulations adopted pursuant to subsection b. of this subsection;
(11) authorizations to suspend or revoke an incentive offered to a project for a violation of any term or condition of the approval or any provision of this section;
(12) an application process, including any fees, escrows, or deposits as shall be determined by the board; and
(13) criteria for roadside right-of-way solar energy projects, including, but not limited to:
(a) proposals for monitoring the traffic volume, accident count, and safety of the adjacent roadway;
(b) the incentive level sought by the applicant;
(c) geographic location;
(d) interconnection planning;
(e) proposals for minimizing negative impacts to roadways;
(f) proposals to address decommissioning;
(g) proposals for addressing stormwater runoff, greenhouse gas emissions reduction, and other environmental issues;
(h) technical feasibility;
(i) technical innovation;
(j) the quality of any research committed to during the evaluation period; and
(k) any other criteria as may be deemed advisable by the board, Department of Transportation, or Department of Environmental Protection.
e. Notwithstanding the provisions of any law, rule, regulation, or ordinance to the contrary, a roadside right-of-way solar energy project incentivized by the board pursuant to this section shall be a permitted use within every municipality.
2. This act shall take effect immediately.
