Bill Text: NJ A4122 | 2010-2011 | Regular Session | Introduced
Bill Title: Authorizes local governments to license the use of, or sell in fee simple or as an easement interest, public roads within a municipality to connect a non-contiguous solar, wind, combined heat and power, or biomass generation facility with an end-use customer; requires public utility to provide for the connection.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2011-06-16 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A4122 Detail]
Download: New_Jersey-2010-A4122-Introduced.html
Sponsored by:
Assemblyman GILBERT "WHIP" L. WILSON
District 5 (Camden and Gloucester)
SYNOPSIS
Authorizes local governments to license the use of, or sell in fee simple or as an easement interest, public roads within a municipality to connect a non-contiguous solar, wind, combined heat and power, or biomass generation facility with an end-use customer; requires public utility to provide for the connection.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning sales of certain real property and supplementing Title 40A of the New Jersey Statutes and P.L.1999, c.23 (C.48:3-49 et al.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of section 13 of P.L.1971, c.199 (C.40A:12-13) or of any other law, rule, regulation, or order to the contrary, the governing body of any municipality or county may, by ordinance or resolution, respectively, authorize the license of, sale in fee simple of, or sale of an easement interest in, public streets or roads for the purpose of connecting a solar, wind, combined heat and power, or biomass generation facility with an end use customer of that power located on a non-contiguous parcel of land within the same municipality as the generator, provided that in the event of a sale in fee simple, the municipality or county, as the case may be, retains an easement interest in the streets or roads for the purpose of maintenance and repair of the streets or roads and any public utilities that may be located on or adjacent to the streets or roads.
2. Upon application of the owner of a solar, wind, combined heat and power, or biomass generation facility that enters into a license for the use of, or purchases in fee simple or an easement interest in, a public street or road within a municipality for the purpose of connecting a solar, wind, combined heat and power, or biomass generation facility with an end use customer of that power located on a non-contiguous parcel of land as provided pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), the electric public utility that serves that service territory in which that parcel of land is located shall install and maintain the distribution lines between the generation facility and the end use customer of the power. The electric public utility may charge the owner an amount that covers the costs of installation and maintenance and that includes a rate of return on the assets installed that is equal to the rate of return on prudently incurred capital investment in the public utility's rate base.
3. This act shall take effect immediately.
STATEMENT
This bill would authorize the governing body of any municipality or county to adopt an ordinance or resolution, respectively, to license, or to sell in fee simple, or as an easement, public streets or roads to connect a solar, wind, combined heat and power, or biomass generation facility with an end use customer of that power that is located on a non-contiguous parcel of land within the same municipality as the generator, provided that in the event of a sale in fee simple, the municipality or county retains an easement interest to maintain and repair the streets or roads or any public utilities on or adjacent to the streets or roads. The bill would require the public utility, upon application by the generator, to install the distribution lines to connect the generator and the end use customer.
Under section 13 of P.L.1971, c.199 (C.40A:12-13), municipalities and counties may only sell real property, capital improvements or personal property, or interests therein, that are not needed for public use. This bill would provide for an exception from current law by allowing a municipality or county to sell either fee simple ownership of, or an easement interest in, or to license the use of, public streets or roads to enable additional solar, wind, combined heat and power or biomass generation facilities to be "on-site generation facilities" under the provisions of the "Electric Discount and Energy Competition Act."
The bill would require that, upon application of the owner of a facility that enters into a license to use, or purchases in fee simple, or an easement in, or public streets or roads to connect a solar, wind, combined heat and power, or biomass generation facility with an end use customer of that power located on a non-contiguous parcel of land, the electric public utility that serves the service territory in which the facilities are located would be required to install and maintain the distribution lines between the generation facility and the end use customer of the power. The bill would further provide that the electric public utility that installs the connecting lines may charge the owner an amount that covers the costs of installation and maintenance of the lines and that includes a rate of return on the assets installed that is equal to the rate of return on prudently incurred capital investment in the public utility's rate base.
