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A 5662

Relates to amending the constitution to prohibit an immediate vote to be called on budget bills

2025 Regular Session Introduced by Will Barclay and 2 co-sponsors

New Jersey would create the Energy Facilities Siting Commission to designate sites and approve or deny energy facility projects under a state-controlled, criteria-based siting proc

OPINION REFERRED TO JUDICIARY
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Bill Summary · A 5662

Summary of New Jersey Bill A 5662 (Introduced May 8, 2025)

Note on title vs. content: The bill’s title references amending the constitution to prohibit an immediate vote on budget bills. However, the introduced text and version content provided focus on establishing an Energy Facilities Siting Commission and related siting procedures for energy facilities. The summary below reflects the substantive provisions in the introduced version.

Purpose and Intent

  • Establish a new state agency, the Energy Facilities Siting Commission, as a public body corporate and politic within the Department of the Treasury.
  • Create a formal, state-controlled process for siting and approving energy facilities to balance energy production needs with siting criteria and regional considerations.

Key Provisions and Changes Proposed

  • Definition and scope (new section): Establishes terms used in the siting framework, including “Applicant,” “Application,” “Associated facilities,” “Biofuel,” “Energy facility,” “Energy plant,” “Expanded energy facility,” and “Site certification.”
  • Energy Facilities Siting Commission (new section):
    • Purpose of the commission: develop siting criteria, designate sites for new/expanded facilities, grant or deny siting applications, and promote energy production with minimal unnecessary restrictions.
    • Composition: five members with regional representation (northern, central, southern New Jersey). Composition includes three energy-industry experts, one engineer, and one commercial land use/planning expert.
    • Appointments and terms: members appointed by the Senate President, the Speaker of the General Assembly, and the Governor (with Senate advice and consent). Initial terms staggered (one year, two years, three years) to ensure rotation; subsequent terms are three years.
    • Operations: chair and vice-chair appointed by the Governor; executive director appointed by the commission; majority vote required to exercise powers; meetings and governance procedures (vacancies, removal for cause, attendance rules, etc.).
    • Compensation: members serve without compensation but may be reimbursed for actual expenses.
  • Site Designation and Certification:
    • The commission will publish siting criteria, propose/adopt site designations for where energy facilities may be located, and decide to deny or grant applications to construct facilities at designated sites.
    • Site certification: defines a binding agreement between an applicant and the State that conditions must be met according to siting criteria in effect at the date of certification, prior to or concurrent with construction/operation.
  • Definitions related to energy facilities:
    • Energy plant facilities include nuclear facilities, LNG and underground gas storage facilities with large capacities, and certain large-scale petroleum products or biofuel processing facilities.
    • Expanded energy facilities trigger when reconstruction/enlargement increases capacity/dimensions beyond established thresholds.
    • Associated facilities cover infrastructure that connects energy facilities to the grid (transmission lines, storage, controls, access, etc.).

Who/What Is Affected

  • Applicants seeking to site energy facilities in New Jersey.
  • The State and local governments, as siting decisions and criteria are established at the state level.
  • The energy industry, including developers and operators of nuclear, LNG, natural gas storage, and large-scale fuel processing facilities.
  • The general public, who may be affected by siting decisions and associated facilities.

Procedural and Timeline Aspects

  • Status: Opining/review stage; referred to Judiciary with related opinions and AG opinion considerations noted in the legislative history.
  • The bill sets up a new commission with a three-year term structure and staggered initial terms for governance.
  • Pending legislative actions include committee referrals (Assembly Telecommunications and Utilities Committee) and companion work in the Senate (companion bill S 48).

Related Bills

  • Related or companion measures include A 7336, A 4808, A 5996 (prior sessions) and S 48 (companion).

If you’d like, I can compare A 5662 to its companion S 48 or provide a side-by-side of the siting criteria concepts as they would appear in rulemaking.

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

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