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S 3958

Excludes biomass, solar, and wind energy systems located on rooftops, unpreserved farmland, or exception areas from certain size restrictions applicable to preserved farmland.

2026-2027 Regular Session Introduced by John Burzichelli

Exempts rooftop, unpreserved farmland, or exception-area energy facilities from existing size limits, allowing larger projects without the 10%/1% caps for preserved farmland.

Introduced in the Senate, Referred to Senate Environment and Energy Committee
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WeVote Research Nonpartisan
Bill Summary · S 3958

Summary of Bill S 3958 (Session 222) – New Jersey

Purpose and Intent

S 3958 seeks to amend the 2009 farmland preservation framework (P.L.2009, c.213) by excluding certain biomass, solar, and wind energy facilities from the size restrictions that currently apply to preserved farmland. Specifically, it would exempt facilities located on rooftops, on unpreserved farmland, or in exception areas from the statutory limits on annual energy generation capacity and land area usage currently required for energy projects on preserved farmland. The aim appears to facilitate more flexible siting for on-farm renewable energy projects in areas not subject to preservation constraints.

Key Provisions and Changes

  • Current law (for preserved farmland): Under P.L.2009, c.213, energy generation facilities on preserved farmland must satisfy:

    • Annual energy generation capacity limited to the previous year’s demand plus 10 percent (or the alternative floor of up to 1% of the entire farm area, depending on the option chosen by the landowner).
    • These facilities must not significantly interfere with agricultural use.
    • Ownership, net metering arrangements, and approval processes are defined, including committee review and development easement considerations.

  • Proposed change (S 3958):

    • The bill retains the general framework but excludes facilities located on rooftops, on unpreserved farmland, or within an exception area from the stated size restrictions:
    • The 10% annual generation cap over the prior year’s demand.
    • The 1% of total farm area cap.
    • In effect, rooftop installations, unpreserved farmland installations, and installations in exception areas would be subject to none of these specific capacity/area limits, while still requiring alignment with other provisions (e.g., compliance with committee approval, development easement comments, and local regs).

  • Other provisions maintained or clarified:

    • Landowners must obtain approval from the committee before construction/installation (with a 30-day comment window for development easement holders and a 90-day decision window for the committee).
    • No fee for committee review.
    • Committee can suspend or revoke approvals for violations.
    • Regulations would be developed by the State Agriculture Development Committee in coordination with DEP and Agriculture, under the Administrative Procedure Act.
    • For biomass facilities on land under farmland assessment, Agriculture Department approval remains required.
    • Pinelands area projects must comply with its special standards.

  • Definitions provided:

    • Biomass: agricultural crops, residues, or byproducts used to generate energy in a sustainable manner.
    • Net metering: as defined in state law.
    • Preserved farmland: land protected by development easement under state farmland preservation programs.

Who and What Is Affected

  • Affected party: Landowners with preserved farmland seeking to install biomass, solar, or wind facilities on their land.
  • Geographic/land area implications: Projects on rooftops, unpreserved land, or in exception areas would bypass the existing size restrictions; other preserved farmland energy projects would remain subject to current limits.
  • Regulatory bodies involved: State Agriculture Development Committee (SADC), Department of Environmental Protection (DEP), Department of Agriculture; development easement holders have a defined commenting role.

Procedural and Timeline Details

  • The bill requires SADC to adopt implementing rules under the Administrative Procedure Act.
  • Approval process timelines: committee decision within 90 days of application receipt; 30-day window for comments from development easement holders.
  • Effective date: immediate upon enactment.

Potential Impacts

  • May enable larger or rooftop/on-nonpreserved-area renewable energy installations without the prior farm-area or annual-cap constraints.
  • Could affect preservation land values and agricultural land use planning by expanding on-site energy generation options in non-preserved contexts.
  • Maintains a structured approval framework to oversee projects, including stakeholder input and regulatory oversight.

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

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