Bill > S3173

Introduced Session

This bill would permit the Department of Environmental Protection to enter into a solar energy redevelopment agreement with the owner or operator of a sanitary landfill facility when the total expenses projected for the closure of a sanitary landfill facility exceed the amount of funds in the account established pursuant to the "Sanitary Landfill Closure and Contingency Fund Act," and other mandatory escrow accounts. The bill defines a solar energy redevelopment agreement as an agreement with the State where the owner or operator uses anticipated revenues from a solar electric power generating facility located on a sanitary landfill facility to assist in financing the closure of the site. The Commissioner of Environmental Protection would negotiate the agreement in consultation with the Board of Public Utilities, considering (1) the economic feasibility of the solar electric power generating facility; (2) the degree to which the solar electric power generating facility will advance State greenhouse gas emissions goals; (3) the likelihood that sufficient revenue from the solar electric power generating facility will, upon completion, offset the cost of post-closure monitoring activities at the sanitary landfill facility; and (4) whether to require the owner or operator of the sanitary landfill facility to establish any additional financial assurance to finance the proper closure of the sanitary landfill facility. The department would also evaluate the environmental and public health viability and safety of the proposed project, and the commissioner would have sole discretion in to enter, or decline to enter into a solar energy agreement based upon the environmental and public health safety of the proposed project. The solar energy redevelopment agreement would be required to specify the amount of revenue from the solar electric power generating facility to be dedicated to costs of closure of the sanitary landfill facility, the amount of financial assurance the owner or operator shall provide, the timetable for the proper closure of the sanitary landfill facility and subsequent installation of a solar electric power generating facility, and that the owner or operator of the sanitary landfill facility shall agree to perform any closure activity or remediation as may be required by the department. If an owner or operator of a sanitary landfill facility has not established an account pursuant to the "Sanitary Landfill Closure and Contingency Fund Act," then the agreement shall also specify that such a fund shall be established with the amount of money to be deposited into the fund determined by the commissioner. The bill also provides that the State may not enter into a solar energy redevelopment agreement unless the owner or operator of the sanitary landfill facility is licensed pursuant to P.L.1983, c.392 (C.13:1E-126 et seq.). The bill also provides that the commissioner would provide a copy of the solar energy redevelopment agreement to the municipality in which the sanitary landfill facility is located, and to the Board of Public Utilities. Furthermore the owner or operator would be required to revise and re-certify the closure costs and solar energy revenues every two years. The owner or operator is responsible for providing financial assurance in the event of a cost increase or revenue decrease, and the department may decrease the financial assurance required if costs decrease or revenue increases. The act would also require the department to adopt rules and regulation to implement the bill pursuant to the "Administrative Procedure Act."

AI Summary

Committee Categories

Robert Andrews (D)*,  Chris Brown (R)*,  Jeff Van Drew (R)*,  Dawn Addiego (D), 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 11/26/2018)