New Jersey § 52:27f-15

§ 52:27f-15.

a. The Division of Energy Planning and Conservation is empowered and directed to intervene

in any proceedings before, and appeals from, any State department, division, commission,

authority, council, agency or board (hereinafter referred to as “State instrumentalities”)

including the Board of Public Utilities charged with the regulation, supervision or

control of any business, industry or utility engaged in the production, processing,

distribution, transmission or storage of energy in any form, when, in the discretion

of the commissioner, such intervention is necessary to insure the proper consideration

by such State instrumentalities of the State energy master plan, or any part or aspect

thereof, adopted by the department pursuant to section 12 of this act, 1 or any rule or regulation promulgated by the department pursuant to the provisions

of this act. To facilitate the intervention provisions of this section, each such State instrumentality

shall consider the department a party of interest in any proceedings before such instrumentality

with respect to energy and shall give the same notice to the department as is given

to every other party of interest in such proceedings of any meeting, public hearing

or other proceeding of such instrumentality in implementing its regulatory, supervisory

or control powers, responsibilities and duties with respect to such businesses, industries

or utilities. b. It being the intention of the Legislature that the actions, decisions, determinations

and rulings of the State Government with respect to energy shall to the maximum extent

practicable and feasible conform with the energy master plan adopted by the department

pursuant to section 12 of this act, the department shall prepare, periodically revise

and distribute to each State instrumentality charged with the regulation, supervision

or control of any business, industry or utility engaged in the production, processing,

distribution, transmission or storage of energy in any form, such guidelines as the

department determines to be relevant to assist each such instrumentality in conforming

with said energy master plan in implementing its regulatory, supervisory or control

powers, responsibilities and duties with respect to such businesses, industries or

utilities. c. With respect to the siting of any energy facility in any part of New Jersey, the

department shall, the provisions of any law to the contrary notwithstanding, have

jurisdiction coextensive with that of any other State instrumentality, and to that

end, no State instrumentality with the power to grant or deny any permit for the construction

or location of any energy facility shall exercise its powers without referring to

the Division of Energy Planning and Conservation, for its review and comments, a copy

of such application and all papers, documents and materials appurtenant thereto filed

by the applicant with such State instrumentality. Prior to making a final decision with respect to any such application, the State

instrumentality with power of approval over such application shall solicit the views

of the department thereupon. Such views shall be communicated to the State instrumentality with the power of

approval over such application in the form of a report describing the findings of

the department with respect to such application. Such report shall be prepared by the Director of the Division of Energy Planning

and Conservation and shall be signed by said director and by the commissioner. In the event that such report is not prepared and transmitted to the State instrumentality

with power of approval over such application within 90 days after the department's

receipt of such application, such State instrumentality shall act upon such application

pursuant to the law providing its power of approval thereof. In the event that the views of the department, as contained in its report, with

respect to any such application differ from the views of the State instrumentality

with the power of approval over such application, there shall be established an Energy

Facility Review Board which shall consist of the Director of the Division of Energy

Planning and Conservation, the director or chief executive officer of the State instrumentality

with the power of approval over such application, and a designee of the Governor. The decision of the Energy Facility Review Board created with respect to a specific

energy facility application shall be binding with respect to such facility and shall

be implemented forthwith by the State instrumentality with the power of approval over

such application. In implementing its responsibilities pursuant to this subsection, the department shall

have the power to adopt, by regulation, a fee schedule for reviewing applications

for the construction or location of energy facilities; provided, however, that fees

shall be charged to applicants for permits to construct or locate energy facilities

only in those instances where the nature and extent of the proposed energy facility

are such as to necessitate the employment of consultants or other expert personnel

from without the department before the department can make its determination with

respect to any such application, and that such fees shall in any event be the minimum

amount necessary to permit the department to fulfill its responsibilities under this

section. The provisions of this section shall not be regarded as to be in derogation of any

powers now existing and shall be regarded as supplemental and in addition to powers

conferred by other laws, including municipal zoning authority. 1

N.J.S.A. § 52:27F-14.