Hires attorney to challenge BPU control of right of way
OCEAN CITY — The governing body has taken yet another step in its fight against proposed wind farms off the coast.
City Council on Oct. 26 authorized a contract with Princeton-based attorney Bruce Afran for consultation and representation regarding a constitutional challenge to N.J.S.A. 48:3-87.1, which gives the state Board of Public Utilities control over rights of way in municipalities where wind farm firms plan to build.
“City Council last night voted to award a contract to an attorney who will challenge the state law that strips Ocean City and other local municipalities of the power to review offshore wind transmission line proposals within their borders,” Mayor Jay Gillian stated in his weekly newsletter. “He will argue that it’s not constitutional for the state to single out shore towns targeted by offshore wind companies. That’s not the way laws are supposed to work. The hastily approved statute sets a dangerous precedent for all towns in New Jersey.”
Ocean City Council members decried legislation that whizzed through the state Legislature in June 2021, eliminating what they said was their “home rule” over Ørsted’s Ocean Wind project that is proposing as many as 99 turbines off the coast of Atlantic and Cape May counties to create 1,100 megawatts of electricity.
Bill S3926 was approved in the Senate on June 24 and the Assembly approved its companion legislation, A5894, the same day.
The bills were proposed and made it out of committee in less than two weeks and Gov. Phil Murphy signed it into law.
The legislation takes away Ocean City’s ability to deny Ørsted under-the-street and under-the-beach rights of way for its transmission cables from a wind farm off the coast to connect to the southern New Jersey power grid at the former B.L. England Generating Station in Beesleys Point.
Under the legislation, the state Board of Public Utilities (BPU) can “supersede certain local governmental powers upon petition from offshore wind project.”
City Council President Peter Madden said the city is not opposed to green energy but is opposed to the state or federal government “coming through without any regard for what the residents and community of Ocean City wants.”
“We are very much opposed to the state or federal government dictating to us what they are going to do in our community,” Madden said.
The contract with Afran is not to exceed $85,0000.
Klause property
A jury has ruled Oct. 17 in favor of Klause Enterprises in a dispute over the value of the property bordered by 16th and 17th streets and Haven and Simpson avenues that the city had taken by eminent domain.
Jerry Klause said a jury unanimously decided to grant Klause Enterprises $17,860,000 for the lot.
In his newsletter, Gillian stated that litigation over the former car dealership lot next to the Ocean City Community Center would continue.
“The final cost of this acquisition will not be determined until that is complete. Environmental remediation on one part of the site is under way,” Gillian stated.
Route 52 causeway
Gillian stated that the bridge lights along the Route 52 causeway are nearing the end of their useful life.
“The system is owned and maintained by the state Department of Transportation, which plans to replace all of the lights, equipment and software. Because so many of the lights are currently out, I have requested that the system be turned off until it can be repaired or replaced,” he stated.
By CRAIG D. SCHENCK/Sentinel staff
