
Daniel T. McKillop
Partner
201-896-7115 dmckillop@sh-law.comFirm Insights
Author: Daniel T. McKillop
Date: August 28, 2018

Partner
201-896-7115 dmckillop@sh-law.comCommunity solar is one way that the State of New Jersey plans to meet its clean energy goals. Under the Community Solar Pilot Program, customers of an electric public utility could participate in a shared solar energy project that is remotely located from their properties, but is within their utility service territory, and obtain a credit to the customer’s utility bill equal to the electricity generated that is attributed to the customer’s participation in the solar energy project. The program would permit each customer to participate in a solar energy project with a capacity of five megawatts or less.

More than 17 states have already established programs that allow multiple subscribers to tap into solar arrays. The goal is to allow utility customers who have shaded roofs, those living in apartments that don’t allow the installation of solar panels, and low-income individuals who can’t obtain solar equipment for financial reasons, to reap the benefits of solar power.
The Board of Public Utilities (BPU or Board) is now tasked with drafting implementing regulations. Under the law establishing the Community Solar Pilot Program (A3723/S2314), the rules and regulations developed by the board must establish:
BPU must also create standards and an application process for owners of solar energy projects who wish to be included in the Community Solar Energy Pilot Program. The standards must include, but need not be limited to, a verification process to ensure that the solar energy projects are producing an amount of energy that is greater than or equal to the amount of energy that is being credited to its participating customer’s electric utility bills pursuant to subsection b. of this section, and consumer protection measures. Projects approved by the BPU must have at least two participating customers. Under the law, BPU may also restrict qualified solar energy projects to those located on brownfields, landfills, areas designated in need of redevelopment, in underserved communities, or on commercial rooftops.
Within three years, the Community Solar Energy Pilot Program will be converted into a permanent program with a minimum annual goal of 50 megawatts. BPU staff have already started soliciting input from solar developers, utility officials, and clean energy advocates. For businesses, there are opportunities to participate in the New Jersey renewable energy program as both subscribers and solar array hosts. Given that open space is rare in many areas of the state, the rooftops of commercial buildings and similar unused outdoor areas may be prime locations for community solar arrays.
If you have any questions or if you would like to discuss the matter further, please contact me, Dan McKillop, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!