Establishes limits on zoning restrictions for certain electric battery storage equipment installation.
The proposed amendments to the Municipal Land Use Law (MLUL) simplify the permitting process significantly. Homeowners will not require a variance for the installation of battery storage systems, while commercial installations will bypass site plan reviews unless they violate existing zoning bulk requirements. Notably, this makes small battery storage more accessible, removing barriers that previously deterred individuals and businesses from adopting such technologies. The bill aims to support state goals for increasing energy independence and reducing reliance on nonrenewable energy sources.
Senate Bill S1173 establishes new limits on the zoning regulations applicable to the installation of small electric battery storage equipment across New Jersey. The bill specifies that such equipment, defined as having a capacity of up to 25 kilowatts, will be considered a permitted accessory use in both residential and commercial districts. This legislation allows for a streamlined application process for developers or homeowners wishing to install these systems, facilitating energy efficiency initiatives and encouraging the adoption of renewable energy technologies.
There are points of contention surrounding the bill related to local control versus state authority. Although the bill is intended to promote energy storage solutions, some local governments argue that the ability to regulate these installations is essential for ensuring safety, aesthetics, and community standards. Critics emphasize that while the intended goal is commendable, it may decrease municipalities' ability to address unique local concerns such as noise, aesthetics, and land-use compatibility, thus creating potential conflicts in community planning.
Furthermore, the bill directs the Commissioner of Community Affairs to publish a model land use ordinance to standardize installation requirements across municipalities, which is set to enhance the consistency of implementation. The model ordinance includes health and safety specifications and allows municipalities to adopt their ordinances if they outline reasonable standards. This component of the bill ensures the regulations can evolve alongside advancing battery storage technologies, maintaining relevance and safety in the face of innovation.