Energy projects on qualifying land get allowed-use zoning treatment

A judge may order a receiver to sell a building and its land after a hearing. This applies to buildings and land in a court receivership over a public nuisance. The receiver must report that the nuisance has been abated, and the judge must confirm it, or the early-sale conditions must be met. The owner and other interested parties must receive hearing notice. Anyone objecting must prove that keeping the property unsold would bring greater benefits. For a sale after cleanup, the receiver must report that the nuisance has been abated before the judge confirms it.

A court may allow a receiver to sell an empty nuisance property before cleanup. This applies to a building and its land in a court receivership over a public nuisance. The court must approve a cleanup plan, the building must be unoccupied, and the receiver must recommend the sale. The sale order and deed must require the property to return if the buyer does not complete the plan on time. The buyer pays the cleanup costs. The sale may happen before cleanup; the approved plan sets the cleanup deadline.

Qualifying energy and storage projects are treated as allowed uses under local zoning. The rules cover energy storage systems on qualifying abandoned property, and renewable energy projects or storage systems on previously contaminated property. On abandoned property, the court must have made the findings required by the receivership law. The storage system may not exceed five megawatts and must follow local planning procedures and fire, safety, and health rules. On previously contaminated property, the applicant must establish that status. Government designation, an environmental assessment showing contamination, or brownfield status creates a presumption; local planning procedures still apply, with a 75% maximum lot coverage. The act takes effect upon passage.