Township Council Meeting — Packet

plan or major subdivision (cf: P.L.2013, c,106, s.12) 5. (New section) The development of a data center, as defined in section 3.1 of P.L.1975, ¢.291 (C.40:55D-4), shall not be eligible for any economic development subsidy. As used in this section: "Economic development subsidy" means the provision of an amount of funds to a recipient business by or from a State public body with a value of greater than $25,000, including, but not limited to, any bond, grant, loan, loan guarantee, matching fund, tax credit, or other tax expenditure. "Economic development subsidy" shall not mean any contract under which a State public body purchases or otherwise procures goods, services, or construction on an unsubsidized basis, including any contract solely for the construction or renovation of a facility owned by a State public body. 6. (New section) The State Planning Commission, in consultation with the Board of Public Utilities, shall, pursuant to the "Administrative Procedure Act," P.L.1968, ¢.410 (C.52:14B-1 et seq.), adopt rules and regulations, to effectuate the purposes of subsection c. of section 38 of P.L.1975, ¢.291 (C.40:55D-50). 7. This‘act shall take effect immediately and shall apply to applications for development of data centers submitted on or after the effective date of this act. STATEMENT This bill amends the "Municipal Land Use Law" to direct a planning board to submit completed preliminary site plan or major subdivision applications for the development of a data center, as defined in the bill, to the State Planning Commission (SPC) and the Board of Public Utilities (BPU). The bill also prohibits final approval of a site plan or major subdivision for development of a data center from being granted by the planning board unless the planning board has submitted the plan to the SPC and the SPC gives final approval. The SPC, in consultation with the BPU, is to have 45 days from the date of submission by the planning board to review and approve or deny the site plan or major subdivision for the development of a data center, based on the impacts and appropriateness of the proposed site plan or major subdivision. If the SPC does not issue an approval or denial within 45 days, the SPC shall be deemed to have granted final approval of the site plan or major subdivision. The bill also provides that data centers are ineligible for any economic development

nial within 45 days, the SPC shall be deemed to have granted final approval of the site plan or major subdivision. The bill also provides that data centers are ineligible for any economic development subsidies, biips:fiaub.njleg.state.nj.us/Bills/2026/S4000/2611_I1-HTM?utm_source=chatgpt.com 6/28/26, 1:40PM Page 7 of 8