N.J. Admin. Code § 14:8-12.8

Current through Register Vol. 56, No. 21, November 4, 2024

Section 14:8-12.8 - Construction requirements for competitive solar incentive-eligible (CSI-eligible) facilities

(a) All CSI-eligible facilities, other than those located on the built environment, shall comply with the requirements for soil erosion and sediment control in accordance with the New Jersey Soil Erosion and Sediment Control Act (N.J.S.A. 4:24-39 et seq.) and the implementing rules at N.J.A.C. 2:90.

(b) All CSI-eligible facilities, other than those located on the built environment, shall, as part of the development of a comprehensive siting plan, assess existing drainage conditions, and identify any areas where surface runoff currently exists or where proposed grades will create surface runoff concentration. All such areas shall be designed to prevent onsite erosion, as well as protect offsite areas from erosion and flooding.

(c) All CSI-eligible facilities shall comply with the NJDEP's Stormwater Management Rules, N.J.A.C. 7:8.

(d) All CSI-eligible facility panel drip lines shall be protected against scour.

(e) CSI-eligible facilities proposed to be located on land in agricultural use, other than those proposed to be located on the built environment, shall be submitted to the Soil Conservation District for compliance with requirements in this section and any applicable Soil Conservation District guidelines for stormwater runoff quantity and erosion control.

(f) CSI-eligible facilities, other than those mounted on the built environment, shall comply with the NJDEP's "Standards for the Use of Pollinator-Friendly Native Plant Species and Seed Mixes in Grid Supply and Select Net Metered Solar Facilities." CSI-eligible facilities that meet the requirements for qualification in the Contaminated Sites and Landfills tranche of the Competitive Solar Incentive Program, pursuant to N.J.A.C. 14:8-11.10(b)3 are exempted from mandatory compliance with the pollinator standards.

1. Entities proposing CSI-eligible facilities that require compliance with the NJDEP's "Standards for the Use of Pollinator-Friendly Native Plant Species and Seed Mixes in Grid Supply and Select Net Metered Solar Facilities" (Standards) shall demonstrate said compliance by submitting to the Board or program administrator duly retained by the Board, a vegetation management plan consistent with the requirements outlined in the referenced standards as part of the post-construction certification package.

i. CSI-eligible facilities shall successfully implement and maintain the site in accordance with the vegetative management plan. Successful implementation is determined by a minimum 80 percent survival rate of vegetation planted.

ii. CSI-eligible facilities shall comply with monitoring requirements.

(1) The Board may audit CSI-eligible facilities for compliance with the vegetative management plan. The Board, or its designee shall, within 60 days of the audit:

(A) Certify that the facility is in compliance with its vegetation management plan, with no additional actions required; or

(B) Notify the facility that it is in noncompliance with the required vegetation management plan.

(2) If the Board finds that the facility is in noncompliance with the required vegetation management plan, the Board, or its designee, shall:

(A) Specify the areas of noncompliance;

(B) Identify corrective actions required; and

(C) Identify the timeframe within which noncompliance must be addressed to avoid suspension of incentives pursuant to the CSI Program.

iii. Approved CSI facilities that are found to be in non-compliance with the NJDEP's "Standards for the Use of Pollinator-Friendly Native Plant Species and Seed Mixes in Grid Supply and Select Net Metered Solar Facilities," and that have failed to take the corrective actions identified at (f)1ii(2) above within the timeframes specified, shall be notified by the Board or a program administrator duly retained by the Board of their suspension of incentives pursuant to the CSI Program, and conditions for restoration of the incentive.

(g) All CSI-eligible facilities located on covered agricultural lands, other than those mounted on the built environment, shall:

1. Prepare a plan identifying the following:

i. The location of proposed above- and below-ground facility infrastructure;

ii. The sequence for facility infrastructure removal and site restoration to prior agricultural conditions in the event that solar installations will be removed; and

iii. Pre-construction soil quality characteristics across the site on a 100-foot by 100-foot grid by a qualified soil scientist or geotechnical engineer, including:

(1) Soil map unit;

(2) Soil textural classification;

(3) Hydrologic soil group;

(4) Organic matter content;

(5) Salinity; and

(6) Macro nutrient content (N, P, K);

iv. Tabulate and correlate to the grid, mapped characteristics to enable potential future restoration of pre-grid installation conditions;

2. Indicate what party is responsible for removal and restoration back to prior agricultural conditions in the event that solar installations will be removed;

3. Have an assigned "environmental inspector," with experience in solar construction methods on land in agricultural use and agricultural production methods common to the area, who shall be responsible for ensuring compliance with all applicable mitigation, construction, and restoration procedures identified in Federal, State, and county permits, State rules, and the project plan;

4. Be installed by a screw, piling, or similar system that does not require a concrete footing or other permanent mounting. In the event these methods of mounting are not practicable, written justification shall be required by a licensed professional engineer responsible for designing the installation, that permanent ground mounting is necessary to conform with Federal or State laws, rules, or regulations and that the permanent mounting requires footings, concrete, or other permanent methods;

5. Retain stripped topsoil onsite for potential future return to agricultural use. All retained topsoil shall be permanently stabilized in accordance with the Standards for Soil Erosion and Sediment Control in New Jersey, N.J.A.C. 2:90-1.3; and

6. Prevent topsoil within inter-panel row travel lanes from becoming compacted or otherwise comingled with subsoil layers by construction traffic.

N.J. Admin. Code § 14:8-12.8

Adopted by 55 N.J.R. 2015(a), effective 9/18/2023