In general, “dual-use” refers to agricultural production and electricity production from solar photovoltaic (PV)
panels occurring together on the same piece of land. It is expected that in most cases individual crop yield
(lbs/acre) or electricity output (kWh/acre) will be lower in dual-use than it would be if either activity was carried
out alone, but that the combined value of crops and electricity produced will be equal to or higher than single-use of the land for production of crops or electricity alone.
Previously in New Jersey, to be eligible for farmland assessment, the amount of acreage devoted to the solar energy generation facilities, structures, and equipment could not exceed 10 acres or two megawatts of power. This bill would eliminate these restrictions for a dual-use solar energy project on unpreserved farmland approved and constructed pursuant to the bill.
This bill establishes a dual-use solar energy pilot program in New Jersey to permit the construction, installation, and operation of dual-use solar energy projects on unpreserved farmland while maintaining the affected land in active agricultural or horticultural use. The New Jersey Board of Public Utilities, in consultation with the Secretary of Agriculture, must develop rules and regulations for the program that includes a 10 MW capacity limit for each individual dual-use solar energy project, annual capacity targets for the program must not exceed 200 MW, financial incentives available to the program, and a prohibition on siting a dual-use solar energy project on prime agricultural soils and soils of statewide importance, a requirement that the land continues to be actively devoted to agricultural use, an application process for the program, and criteria for scoring and evaluating proposed projects. This bill outlines the requirements an applicant must follow in order to receive a permit under the pilot program. The program must continue for 36 months after the adoption of rules and regulations, and the Board may extend the program by two additional 12-month periods if it determines that such extensions are necessary to make a judgment on the adequacy of the program. After completion of the pilot program, the Board, in consultation with the Secretary of Agriculture, must convert the program to a permanent program and establish standards for the program based on the results of the pilot program.