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S 4607

Establishes pilot program for solar energy generation on roadside right-of-way areas.

2024-2025 Regular Session Introduced by Nilsa Cruz-Perez

Establishes a 3-year roadside right-of-way solar pilot (up to 200 MW total) enabling government-owned roadside areas to host solar PV projects interconnected to utilities under str

Introduced in the Senate, Referred to Senate Environment and Energy Committee
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Bill Summary · S 4607

Summary of Bill S 4607 (New Jersey)

Overview

S 4607 proposes establishing a Roadside Right-of-Way Solar Energy Pilot Program to allow solar energy projects located on roadside right-of-way areas owned by state or local government units. The program would connect projects to the public utility’s distribution or transmission system and be governed by rules developed by the Board of Public Utilities (BPU) in consultation with the Commissioner of Transportation. The bill was introduced in the Senate on February 10, 2025 and referred to the Senate Environment and Energy Committee. Primary sponsor: James Sanders Jr.

Purpose and intent

  • Expand solar energy generation by utilizing roadside right-of-way areas without impeding road operations, maintenance, or safety.
  • Create a structured pilot to evaluate feasibility, interconnection, environmental impacts, traffic effects, and programmatic incentives before moving to a permanent framework.

Key provisions and requirements

Definitions and scope

  • Roadside right-of-way: land on either side of a roadway (including shoulder and vegetation) within 30 to 100 feet from the road centerline, under state control, that does not impair safety or future road work.
  • Roadside right-of-way solar energy project: solar PV facilities on such areas that allow continued road use beneath and adjacent to panels.
  • Public Utility: a utility that transmits/distributes electricity to end users in New Jersey.
  • Owner: project owner or authorized representative.

Pilot program design (Board rules)

  • A 180-day rulemaking goal to adopt the Roadside Right-of-Way Solar Energy Pilot Program rules.
  • Projects must connect to a public utility’s system and be located on government-owned roadside right-of-way.
  • Individual project cap: 10 megawatts direct current (MWdc).
  • Pilot capacity cap: total of 200 MWdc, with potential exceptions under subsection e.

Siting, permitting, and evaluation criteria

  • Private or federally owned roadside areas may be used only with a waiver from the board and commissioner based on unique parcel factors.
  • Projects must not impair traffic patterns, road access beyond interstate lanes, or ongoing highway maintenance; must not obstruct travel safety or maintenance operations.
  • Compliance with all applicable laws and regulations.
  • Application process for bids, including fees/deposits set by the board.
  • Evaluation criteria for projects include: traffic/safety monitoring, interconnection planning, environmental impacts (stormwater, emissions), decommissioning, technical feasibility/innovation, research commitments, geographic diversity, and other advisory factors.
  • The board must act on applications within 180 days of receipt.

Post-approval requirements

  • Approved applicants must obtain all necessary federal, state, and local permits before construction.
  • Commissioner may request suspension or revocation for violations of terms.

Timeline and program duration

  • Pilot duration: 36 months after rule adoption.
  • Extensions: up to two additional 12-month extensions if needed to evaluate performance; capacity may increase by up to 50 MWdc per additional 12-month extension.
  • Long-term plan: rules to convert the pilot into a permanent program within 36–60 months after rule adoption (subject to extensions).

Government roles and legal effect

  • Permitted use: Roadside right-of-way solar projects shall be a permitted use within every municipality, notwithstanding other laws to the contrary.
  • Post-pilot conversion: Rules to convert the pilot into a permanent program as part of the state’s energy planning framework.

Administrative actions and sponsors

  • Sponsors: James Sanders Jr. (primary).
  • Legislative actions show committee referrals and progression through the 2025 session (committed to Rules, calendar milestones, etc.).

Potential impact and who is affected

  • Affects state and local government-owned roadside right-of-way areas; developers and project owners seeking to build solar on these rights-of-way; and the public utility systems that interconnect the projects.
  • Aims to expand solar capacity with defined safety, traffic, and environmental safeguards, while providing a formal process and incentives through the pilot.

Related bills include S 3850, S 3921, S 3548, and A 5742.

Compiled from official sources — confirm details with the bill’s official record.

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