Bill > S219

Introduced Session

This bill would amend and supplement the "Municipal Land Use Law," ("MLUL") P.L.1975, c.291 (C.40:55D-1 et seq.) to establish limits on how local zoning codes may restrict the installation of small electric battery storage equipment. The bill defines "small electric battery storage equipment" as the equipment, of up to 25 kilowatts in capacity, including the cables, cords, conductors, connectors, couplers, enclosures, attachment plugs, power outlets, power electronics, transformer, switchgear, switches and controls, network interfaces, and point of sale equipment and associated apparatus designed and used for the purpose of transferring energy from the grid or wind, solar or photovoltaic energy facility or structure to the residential, commercial, or industrial end use. At a residential property, the bill would require small electric battery storage equipment to be considered a permitted accessory use and permitted accessory structure in all zoning or use districts of a municipality. Under the bill, the small electric battery storage equipment installation component of an application for development at a residential property would not require a use variance, also known as a "d." variance. Additionally, the bill adjusts the "inherently beneficial use" definition in the MLUL to include small electric battery storage equipment, thereby enhancing the ease of obtaining a variance when needed for certain development. The bill defines "residential property" as any building being used, or to be used or held for use, entirely or partially as a home or residence, together with the land upon which it is situated, including, but not limited to, a single family dwelling, or a multiple dwelling as defined under subsection (k) of section 3 of the "Hotel and Multiple Dwelling Law," P.L.1967, c.76 (C.55:13A-3). Under the bill, an application for development submitted solely for the installation of small electric battery storage equipment at a commercial or industrial property would not be subject to site plan or other land use board review, and would not require variance relief. These development applications would be approved through the issuance of a zoning permit, provided: (1) the proposed installation would not violate bulk requirements of the property, or conditions of the original final approval of the site plan or subsequent approvals for the property; (2) all other conditions of prior approvals for the property continue to be met; and (3) the proposed installation complies with the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.), any safety standards concerning the installation, and any State rule or regulation concerning small electric battery storage equipment. The bill also expressly establishes standards for when an application for development solely for the installation of small electric battery storage equipment at a commercial or industrial property would be deemed complete. Specifically, the application would be deemed complete if: (1) the application, including the permit fee and all necessary documentation, is determined to be complete; (2) a notice of incompleteness is not provided within 20 days after the filing of the application; or (3) a one-time written correction notice is not issued by the jurisdiction within 20 days after filing of the application detailing all deficiencies and identifying any additional information necessary. The bill also directs a power company when connecting certain small electric battery storage equipment, to collaborate with developers and owners, with consultation from the Board of Public Utilities, in implementing the requirements of the bill. The bill directs the Commissioner of Community Affairs, within 30 days of the bill's enactment, to publish a model land use ordinance to address installation, sightline, and setback requirements and other health- and safety-related specifications for small electric battery storage equipment. The model land use ordinance would not require the rulemaking process pursuant to the "Administrative Procedure Act." The bill authorizes the commissioner to periodically update the model land use ordinance through the "Administrative Procedure Act" process. The model land use ordinance would be effective in all municipalities., however, the bill authorizes By ordinance, a municipality would be authorized to adopt an ordinance deviating from the model land use ordinance through adoption of if it sets forth reasonable standards to address installation, sightline, and setback requirements or other health- and safety-related specifications for small electric battery storage equipment. However, the bill would not authorize a municipality to require site plan review by a municipal agency solely for the installation of small electric battery storage equipment. The bill would take effect on the first day of the fifth month next following enactment, except that the Commissioner of Community Affairs is directed may to take any necessary anticipatory actions necessary prior to that date for implementation.

Committee Categories

Bob Smith (D)*,  Patrick Diegnan (D), 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 01/09/2024)

Official Document