STATEMENT TO

ASSEMBLY, No. 5901

with Assembly Floor Amendments

(Proposed by Assemblyman BAILEY)

ADOPTED: DECEMBER 8, 2025

      The amendments would:

      (1) add definitions for the terms “board”, “secretary”, and “transmission and distribution wires;”

      (2) remove the bill’s existing provisions concerning requirements for the construction, installation, and operation of energy project transmission and distribution components, facilities, structures, equipment, and improvements on preserved farmland and the application and approval process for those projects;

      (3) provide that if transmission and distribution wires are required to be connected to, or from, an energy generation facility located in the State to allow the facility to interconnect to an electric distribution or transmission system, such that the wires would cross preserved farmland, the owner of the facility may submit an application to the State Agriculture Development Committee (committee) for approval of a proposed project to install the transmission and distribution wires and establish requirements for what information the application is required to contain;

      (4) provide that for applications submitted pursuant to the bill’s provisions, the committee, in consultation with the County Agriculture Development Board or organization that retains the development rights pursuant to the easement in place on each parcel of preserved farmland impacted by the proposed project, would be required to render a decision on the application within 60 days;

      (5) provide that if the Board of Public Utilities (board) determines that the proposed project is necessary to serve the State’s energy needs, the board may file a letter with the committee explaining the public need for the project;

      (6) require the Secretary of Agriculture (secretary), in consultation with the committee, to grant approval of an application for a proposed project within 30 days of receiving a letter by the board;

      (7) provide that if the secretary finds that there will be a substantial disruption to preserved farmland resulting from a proposed project, the secretary, in consultation with the committee, would be required to require modifications to the proposed project as a condition of granting approval of an application for the proposed project to allow the proposed project to proceed with undue disruption to the preserved farmland; and

      (8) revise the bill’s title and synopsis.