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BPU adopts agrivoltaics pilot rules to pair solar with active farmland
Summary
The Board approved notice of adoption and proposed substantial changes to establish a dual‑use solar (agrivoltaics) pilot, set a first solicitation capacity target of 65 MW and proposed an application fee of $1,000 per megawatt (waiver possible for financial hardship).
The New Jersey Board of Public Utilities on Nov. 21 voted to adopt rules creating a dual‑use solar (agrivoltaics) pilot and to publish proposed substantial changes to the implementing rules.
Board staff told commissioners the pilot, established under the state’s dual‑use and solar statutes and developed with input from Rutgers and state agriculture and environmental agencies, is intended to permit solar generation to co‑exist with active farming on unpreserved farmland. Staff recommended two linked actions: (1) approve a notice of adoption (with non‑substantial edits) for publication in the New Jersey Register, and (2) approve a notice of proposed substantial changes upon adoption that will solicit further stakeholder comment. Commissioners approved both items by roll call.
Staff described key program elements: projects must be located on active unpreserved farmland and have a capacity no greater than 10 MW per project (pilot‑wide adjustments set a first solicitation target of 65 MW). The staff recommendation also included an application fee of $1,000 per megawatt intended to deter speculative applications; the fee can be waived for applicants demonstrating undue financial hardship. The evaluation committee will include the Board’s research designee, the Rutgers Agrivoltaics Program, the New Jersey Department of Agriculture, the State Agriculture Development Committee and the Department of Environmental Protection.
According to staff, the pilot will test technical and policy approaches to pairing crop or grazing production with solar generation, track outcomes and provide data to inform future program design. Staff indicated stakeholders will have an opportunity to comment on the proposed substantial changes and that final decisions will return to the board after the comment period.
The board’s action directs staff to open the first application period and implement the pre‑qualification and evaluation procedures described in the notice. No final incentive awards were decided at the Nov. 21 meeting; the item establishes the program framework and next procedural steps.
