Assembly Commerce, Economic Development and Agriculture Committee Statement to Assembly, No. 5901 (2025)

Summary

An Assembly Commerce, Economic Development and Agriculture Committee statement to Assembly, No. 5901, State of New Jersey, dated November 24, 2025, reporting the bill favorably. The bill would authorize, in limited circumstances, energy project transmission and distribution components, facilities and improvements on preserved farmland. Conditions include the landowner's approval, no generating facilities on the farm, and a right-of-way not to exceed fifty feet in width near the edge of the preserved portion. Uses consistent with the bill would be allowed without approval from the State Agricultural Development Committee; other energy uses would need an application, which the committee would approve, disapprove or approve with conditions within 90 days of receipt.

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Full text

ASSEMBLY COMMERCE, ECONOMIC DEVELOPMENT AND AGRICULTURE
COMMITTEE

STATEMENT TO

ASSEMBLY,
No. 5901

STATE
OF NEW JERSEY

DATED: NOVEMBER
24, 2025

The Assembly Commerce, Economic Development and
Agriculture Committee reports favorably Assembly Bill No. 5901.

This
bill would amend current law to authorize, in limited circumstances, the
construction, installation, and operation of energy project transmission and
distribution components, facilities, structures, equipment, and improvements on
preserved farmland.

Under
the bill, a person or entity would be authorized to construct, install, or
operate energy project transmission and distribution components, facilities,
structures, equipment, and improvements on preserved farmland, so long as: (1)
the owner of the preserved farmland has granted rights or otherwise approved
such components, facilities, equipment and improvements; (2) generating
facilities are not located on the farm and the facilities are to be limited to
those associated with the transmission and distribution of energy, along with
access to such facilities; (3) the components, facilities, structures, and
equipment for any single project are located within a right-of-way not to
exceed fifty feet in width located as close as reasonably practical, based on
applicable constraints, to the edge of the preserved portion of the farm and
are installed in a manner subject to the limitations outlined in the bill; and
(4) any improvements or use, including roadway improvements, that require
access outside of the right-of-way are limited to an additional right-of-way
not to exceed fifty feet in width and are allowed only when no other access
route is reasonably practical.

Any
use of preserved farmland that is consistent with the bill’s provisions would
be automatically allowed without approval required from the State Agricultural
Development Committee (committee). However, for any use of preserved farmland
that is associated with energy project transmission or distribution, but that
is not consistent with the bill’s provisions, the person or entity would be
required to submit an application to the committee to seek approval before
constructing, installing, and operating any energy project components,
facilities, structures, or equipment on the farm.

The
committee would be required to provide the holder of any development easement
on the farm with a copy of the application, and the holder of the development
easement would have 30 days to provide comments to the committee on the
application. The committee would be required, within 90 days of receipt, to
approve, disapprove, or approve with conditions the application. The committee
may suspend or revoke an approval issued for a violation of any term or
condition of the approval or any of the bill’s provisions.

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