TRENTON, NJ – Assemblyman Paul Kanitra introduced a bill that would bar offshore wind developers from installing transmission lines or related infrastructure on local government property without written approval.
Named the Restore Local Offshore Wind Control Act, the measure was filed Thursday as Assembly Bill 6243.
The bill applies to qualified offshore wind projects and open access offshore wind transmission facilities seeking to use public streets, rights-of-way, or other local government property for wires, conduits, lines, and associated equipment.
If a developer seeks easements or other property interests on local government land, the bill requires the Board of Public Utilities to hold a public hearing and issue a written opinion on necessity before the local governing body votes to approve or deny.
Local approval required for streets and rights-of-way
Under A6243, no placement, construction, or maintenance of offshore wind infrastructure may occur on, under, or over local streets or rights-of-way without a written approval from the governing body.
For easements or other interests on local property, the BPU must first receive a petition, notice a public hearing, take comment, and within 90 days issue an opinion on whether the request is reasonably necessary.
The local government then has 90 days to issue a written approval or disapproval, and the project may not proceed without local approval.
Developers must pay all costs tied to installation and maintenance and reimburse the BPU and local government for reasonable review costs.
Definitions in the bill align with existing statutes governing “qualified offshore wind projects” and “open access offshore wind transmission facilities.”
Bill rolls back 2021 authorities that preempted local controls
A6243 amends P.L.2010, c.57 and repeals portions of P.L.2021, c.178 that had authorized BPU-facilitated acquisition of local easements and allowed state-level preemption of certain municipal and county approvals.
The repealed provisions had permitted approved offshore wind projects and transmission facilities to obtain property interests and proceed notwithstanding local land use requirements, subject to BPU determinations.
The new bill removes those preemptions and restores decision-making to local governing bodies for both rights-of-way use and real property interests.
The measure keeps BPU in an advisory role on necessity and public input while leaving final approval to the local government unit.
The act would take effect immediately upon enactment.
Assembly Bill 6243 would require local written approval for offshore wind transmission work on municipal property and repeal prior state preemptions, restoring local control over siting decisions.
