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Sunday, January 10, 2016

IN THE MATTER OF THE IMPLEMENTATION OF L. 2012, C. 24, N.J.S.A. 48:3-87(t), ETC. A-4565-13T3


IN THE MATTER OF THE IMPLEMENTATION OF L. 2012, C. 24, N.J.S.A. 48:3-87(t), ETC.
A-4565-13T3
Construing the Solar Act, N.J.S.A. 48:3-87, we affirmed a decision of the Board of Public Utilities that appellant's application could not be considered under N.J.S.A. 48:3-87(t), because it concerned a solar project to be sited on property which had been valued, assessed and taxed as farmland. Such applications are governed by N.J.S.A. 48:3-87(s). In addition, subsection (t) did not apply to the application because the property was not a contaminated industrial or commercial site within the definition of a brownfield, as set forth in N.J.S.A. 48:3-51.