Bill > A2935

Introduced Session

This bill establishes the Energy Facilities Siting Commission (Commission), in but not of the Department of the Treasury. The purpose of the commission is to prepare and publish to its Internet website criteria for the siting of new or expanded energy facilities; propose and adopt site designations for the number, location, and type of new or expanded energy facilities needed in the State; deny or grant applications to construct energy facilities at designated sites and promote energy production in New Jersey by minimizing the amount of restrictions placed on where energy facilities can be located throughout the State. The commission will consist of five members, with at least one member that resides in each of the northern, central, and southern regions of the State. Three will be experts in the energy industry, one will have experience in engineering, and one will have experience in commercial land use and planning. The bill authorizes the commission, amongst other things, to: hold public meetings or hearings within this State on any matter related to the location and operation of an energy facility; to adopt rules and regulations necessary to implement the provisions of the bill; and to authorize energy facilities to be constructed and operated in a manner that is exempt from State and local land-use regulations. The bill directs the commission, within one year of the effective date of the bill, to prepare and publish to its Internet website criteria for the siting of new energy facilities. The bill directs the commission to design the criteria to promote energy production throughout the State by reducing the limitations on where energy facilities are sited. The bill directs the commission, by various dates established in the bill, to: (1) prepare and make available to all interested persons preliminary criteria for the siting of new energy facilities; (2) conduct public meetings on the preliminary criteria in the several geographic areas of the State; (3) consider and evaluate any comments made at the public meetings, make revisions to the preliminary criteria as it deems necessary or appropriate, and schedule a public hearing on the revised criteria and hold public hearing on the revised criteria; (4) evaluate comments made at the public hearing, make such changes to the revised criteria as it deems necessary or appropriate, and adopt and publish to its Internet website final criteria for the siting of new energy facilities. Additionally, the bill directs the commission to propose and adopt site designations for the location, number and type of new energy facilities. The bill outlines the process by which sites are to be proposed and adopted and guidelines for how the commission will determine suitable proposed sites. Under the bill, all new or expanded energy facilities cannot commence construction without site certification. The commission is to review all applications for site certification which will be prescribed by commission. The bill establishes the review process by which all applications for site certification are to occur. Furthermore, the bill allows for the commission to construct and operate an energy facility at a site designated by the commission, in the event there are no applications for site construction by a private owner or operator of an energy facility. The bill exempts construction and operation of the facility on a site designated by the commission from all State and local land-use laws, ordinances, rules, or regulations. The bill allows an owner or operator of an energy facility which has received site certification to construct and operate that facility without regard to any local zoning ordinance or approval of a local zoning board. Under the bill, the commission may designate additional or alternative sites by request of anyone in the energy industry and at the request of an affected municipality or on its own, repeal or withdraw any adopted site for a new energy facility. The bill is to supersede and preempt any municipal or county rule, regulation, code, or ordinance concerning the regulation of siting energy facilities. The bill allows the commission to adopt rules and regulations as may be necessary for the performance of their respective responsibilities. Under the bill, the owner or operator of an energy facility located at a site which was adopted by the commission pursuant this bill is be eligible for any applicable State funding or grant programs. Finally, the bill amends State law regarding the siting of any energy facility in any part of New Jersey to reflect the board's control over siting along with the process of siting energy facilities as established by this bill.

AI Summary

Committee Categories

Alex Sauickie (R)*, 

Introduced, Referred to Assembly Telecommunications and Utilities Committee (on 01/13/2026)

Official Document