Bill > S4607

Introduced Session

This bill would allow an owner of a solar energy generator to construct, install, and operate a roadside right-of-way solar energy project on the right-of-way area, subject to certain conditions set forth in the bill. The bill defines "roadside right-of-way energy project" as energy generation facilities, structures, and equipment for the production of less than 10 megawatts of electric power from solar photovoltaic panels located on land in roadside right-of-way areas that allow the uninterrupted traffic patterns of roadways and highway systems below or adjacent to the panels. To be eligible under the bill, the owner or developer of the right-of-way solar development would be required to obtain approval of the Board of Public Utilities (BPU), the Department of Transportation (DOT), and other approvals that may be required pursuant to federal, State or local regulations, prior to the construction of the roadside right-of-way solar energy project. Prior to constructing, installing, and operating a roadside right-of-way solar energy facility, the owner or developer would be required to apply to the BPU for approval. The BPU, in consultation with the DOT, would be required to review and, within 180 days after receipt, approve, disapprove, or approve with conditions the application. The bill directs the BPU, in consultation with the DOT, to adopt rules and regulations, including, but not limited to: the process by which an owner may apply for the approval required by the bill; the establishment of reasonable application fees to pay for the cost of review of the application; and provisions prescribing standards concerning impervious cover which may be permitted in connection with roadside right-of-way solar energy projects. The bill also establishes criteria by which the BPU and DOT would review these applications, including proposals for monitoring traffic volume, the size of the project, accident count, and driver safety, incentives available to applicants, geographic location, interconnection planning, negative impacts to roadways, decommissioning processes, proposals to address stormwater runoff, emissions reduction, and other environmental issues, technical feasibility and innovation, the quality of research committed during the evaluation period, and any other criteria as deemed advisable by the BPU.

AI Summary

Committee Categories

Nilsa Cruz-Perez (D)*, 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 06/19/2025)

Official Document