January 9, 2011 ASSEMBLY COMMITTEE SUBSTITUTE FOR ASSEMBLY BILL No.

3992

To the General Assembly: Pursuant to Article V, Section I, Paragraph 14 of the New Jersey Constitution, I am returning Assembly Committee Substitute for Assembly Bill No. 3992 with my recommendations. This bill creates a new category of utility-scale wind

development on farmland that would be exempt from any meaningful local or state regulatory review. The bill appropriately

recognizes that clean, renewable wind energy is important to the States energy and environmental goals and can contribute to the success of the agriculture industry in New Jersey. its current form, the bills provisions would However, in undermine and the

States

existing

Farmland

Preservation

Program

emasculate

ongoing efforts to authorize responsible farm-based wind energy development that would not disrupt agricultural purposes. Although establishing responsible wind energy generation on farmland is an important goal, this bill is too broad and may have the unintended consequence of undermining the Farmland

Preservation Program by opening preserved farms to large, utilityscale development. certain requirements Under current law, preserved farms must meet to ensure their energy installations can

satisfy the energy demands of the farm without interfering with agricultural operations, so as to not preempt agriculture as the primary use of the land. farmland Major is non-agricultural to voter use of

permanently approving

preserved Farmland

contrary Program

referenda As such,

Preservation

funding.

including preserved farmland in the exempt category of wind-energy development Farmland support. created by this Program bill and could directly its undermine future the

Preservation

threaten

funding

In

addition,

the

bill

would

circumvent

the

States

development of regulations regarding responsible farm-scale wind energy projects pursuant to the 2010 renewable energy farming law and evade reasonable local review of wind energy facilities. The

State Agriculture Development Committee (SADC) expects to adopt final regulations with respect to responsible farm-scale wind

energy projects consistent with existing law in 2012. I cannot approve the provisions of this bill that would interfere with that ongoing effort and would eliminate appropriate local review when applicable. Finally, under the new category of utility-scale wind

generation on farms, the bill sets a high noise standard (65dB) for the daytime use of wind turbines. Rural areas of New Jersey

often have ambient sound levels near 30 dBA, and an increase in 10 dBA is perceived as a doubling in loudness. noise level permitted in the bill -even As a result, the for non-preserved

farmland -- could be disruptive to nearby properties and should not be automatically exempt from review. the Rutgers Noise on Technical sound Assistance The SADC is working with Center wind to research as the it

latest

science

emissions

from

turbines

develops regulations pursuant to the 2010 renewable energy farming law. consider that This such bill would interfere in crafting wind with SADCs flexibility noise to

research

appropriate turbine

standards with

will

balance

farm-scale

development

community impacts. Accordingly, I recommend that the bill be amended to remove preserved farmland from the new category of utility-scale wind development, administrative to maintain to the integrity of both the ongoing wind-

process

approve

responsible

farm-scale

energy development on all non-preserved farmland and appropriate local review of wind energy facilities, and to preserve the SADCs ability to craft reasonable noise standards that will balance wind turbine development with community impacts. Therefore, I herewith return Assembly Committee Substitute for Assembly Bill No. 3992 and recommend that it be amended as follows: Page 2, Section 2, Lines 23-44: Page 3, Section 2, Lines 1-37: Page 3, Section 3, Line 39: Page 3, Section 3, Lines 39-40: Delete Lines their entirety 23-44 in

Delete Lines 1-37 in their entirety Delete 2. 3. and insert

Delete Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, wind and insert Wind Delete may to and insert exempt insert

Page 3, Section 3, Line 41: Page 4, Section 3, Line 3:

Delete shall be from any and subject to

Page 4, Section 3, Lines 5-6:

Delete except as may apply pursuant to Paragraph b. of this section and insert as set forth in applicable law Delete Lines their entirety Delete (4) Delete (5) Delete (6) Delete (7) Delete (8) (5) (6) (7) (8) (9) 18-22 and and and and and in

Page 4, Section 3, Lines 18-22: Page 4, Section 3, Line 23: Page 4, Section 3, Line 28: Page 4, Section 3, Line 31: Page 4, Section 3, Line 33: Page 4, Section 3, Line 36: Page 4, Section 3, Lines 41-47:

insert insert insert insert insert in

Delete Lines their entirety

41-47

Page 5, Section 3, Lines 1-2: Page 5, Section 3, Line 3: Page 5, Section 4, Lines 13-47: Page 6, Section 4, Lines 1-46: Page 7, Section 4, Lines 1-26: Page 7, Section 5, Line 28: Page 8, Section 6, Line 10:

Delete Lines 1-2 in their entirety Delete b. c. and insert in

Delete Lines their entirety

13-47

Delete Lines 1-46 in their entirety Delete Lines 1-26 in their entirety Delete 3. Delete 4. 5. 6. and and insert insert

Respectfully, [seal] /s/ Chris Christie Governor

Attest: /s/ Kevin M. ODowd Deputy Chief Counsel to the Governor