I was interested to learn from the November 25 report on Resolutions by the 2008 Conference of the NJ League of Municipalities (NJLM) that the first resolution is, “Calling for Legislative Action to Encourage the Use of Solar Power.”

At first, I scratched my head because the Legislature has already passed laws supporting solar power. I double-checked what’s on the books in NJ using the handy DSIRE database of state incentives for renewables and efficiency.

The NJLM resolution goes further than what’s on the books. The key sentence is:

• [The NJLM] urges the Legislature of the State of New Jersey to enact legislation to make it reasonably possible for residents and businesses to install solar panels on their homes and business locations regardless of deed restrictions and homeowner association regulations. [My emphasis.]

Essentially, the NJ League of Municipalities views such deed and homeowner association restrictions as a big impediment to the adoption of solar power in the state. A state law to supersede these restrictions could make it easier for far more individuals and businesses to adopt solar power. And for the people who would today have to work to get their deed / association restrictions changed, a new state law would minimize this time-consuming and potentially costly step. (Note to cynics: this is a PRO-FREE-MARKET reform -- decreases obstacles to people deciding and transacting freely.) Meanwhile, at least 12 states already have laws that limit Home Owners Associations’ ability to ban solar installations.

I learned from NJLM that the initial sponsor of the resolution was Edgewater Park, NJ, so I spoke with Township Administrator Linda Dougherty. “The purpose is to help lift some restrictions and make it easier to go green, rather than going through a planning board or zoning board process,” she said. A law could also make it easier for entire homeowner associations to go green. The driving impetus for solar power in Edgewater Park, she said, is people’s long-term energy planning, and interest in solar hasn’t waned there as a result of energy price deflation recently. Moreover, I got the sense that some members of the NJLM would like to see legislation easing restrictions go beyond solar power and include other forms of sustainable power.

THE NEXT STEP is for one or more municipalities to communicate with their state legislators with the intention of introducing bills to the Legislature that match the goals of the NJLM solar resolution. Edgewater Park’s District 7 is represented by Senator Diane Allen and Assemblymen Herb Connaway and Jack Conners.

I also had the pleasure of speaking with Michael Cerra, Senior Legislative Analyst for the NJLM, and author of the resolutions on behalf of the League’s Resolution committee. “One of the things the League does is help open the discussion with the Legislature. A resolution from the League lending itself to an initiative can go a long way,” he said. It can often take a year or more to effect changes in state law, “But we’ve accomplished some difficult items in the past, emanating from our annual resolutions,” Cerra added.

I asked him, too, about falling energy prices. “Even though energy prices have gone down recently, energy prices are certainly on everyone’s mind, and Jersey is ripe for green initiatives like this. It ties in with employment, it ties in with the State Energy Master Plan and other state goals. [The solar resolution] works hand in hand with these things.”

Cerra also reminded me of the Mayors Committee for a Green Future, which also works closely with the state on many items. If you’re not familiar with NJLM as an avenue of impacting state law, you want to look into it further. You might begin by working with your municipality to sponsor a resolution at the 2009 conference. If the solar power resolution is of particular interest to you, contact your legislator (click here to lookup) and reference support for NJLM’s Solar Resolution for 2008.

Related Articles - Most Recent (And see "Labels" at right for more).