Bill Text: NJ A1527 | 2012-2013 | Regular Session | Introduced
Bill Title: Concerns Watershed Property Review Board in DEP.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Engrossed - Dead) 2012-05-31 - Received in the Senate, Referred to Senate Environment and Energy Committee [A1527 Detail]
Download: New_Jersey-2012-A1527-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
SYNOPSIS
Concerns Watershed Property Review Board in DEP.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the conservation and protection of watershed properties, and amending and supplementing P.L.1988, c.163.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.1988, c.163 is amended to read as follows:
2. a. (1) There is established in the Department of Environmental Protection a Watershed Property Review Board, which shall consist of the Commissioner of [the Department of] Environmental Protection or the commissioner's designee, the Commissioner of [the Department of] Community Affairs or the commissioner's designee, and the President of the Board of Public Utilities or the president's designee.
(2) The Watershed Property Review Board shall be authorized to exempt from the provisions of section 1 of [this act] P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19, the conveyance of watershed property if the person applying for the exemption demonstrates to the Watershed Property Review Board that there is a compelling public need for the conveyance of the property, that the denial of the exemption would result in extraordinary hardship, or that the sale or development of the watershed property is otherwise consistent with the purposes of [this act] P.L.1988, c.163, as amended by P.L.1990, c.19. Any person applying for an exemption pursuant to [the provisions of this section] this paragraph shall submit to the board appropriate documentation addressing the issue of buffer areas surrounding public water supplies, [and shall also provide the board] with proposals for the mitigation of any adverse environmental impact which would result from an exemption applied for pursuant to the provisions of this [section] paragraph.
(3) The Watershed Property Review Board shall also be authorized at the request of the applicant to make a determination as to whether the conveyance of any particular parcel of real property is subject to the provisions of section 1 of P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19. Any person applying for a determination of non-applicability pursuant to this paragraph shall submit to the board appropriate documentation that demonstrates to the satisfaction of the board that the real property in question is not watershed property.
b. (1) A determination by the Watershed Property Review Board to grant or deny an exemption from, or issue or not issue a letter of non-applicability of, the provisions of section 1 of [this act shall constitute the final agency action on the matter, and shall] P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19, shall be made within 90 days after receipt of an application for an exemption or for a determination of non-applicability.
(2) (a) If the board denies a request for an exemption or a determination of non-applicability, the person applying for the exemption or determination of non-applicability may [be subject only to judicial review as provided in the Rules of Court] , within 15 days after issuance of the decision by the board, file a written request, as prescribed pursuant to subparagraph (b) of this paragraph, with the board for reconsideration, reargument, rehearing or further hearing of the matter. The board shall conduct the reconsideration, reargument, rehearing or further hearing of the matter within 30 days after receipt of the request.
(b) A request filed with the board pursuant to subparagraph (a) of this paragraph shall (1) state in separately numbered paragraphs the alleged errors of law or fact relied upon, (2) specify whether reconsideration, reargument, rehearing or further hearing is requested, (3) specify the ultimate relief sought, and (4) provide any additional evidence to be relied upon by the applicant.
(c) The board shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) any rules and regulations that may be necessary to implement this paragraph.
(3) A final decision by the Watershed Property Review Board to grant or deny an exemption from, or issue or not issue a letter of non-applicability of, the provisions of section 1 of P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19, shall constitute the final agency action on the matter, and shall be subject only to judicial review as provided in the Rules of Court.
c. Prior to making a final [determination] decision on an application for an exemption from, or a letter of non-applicability of, the provisions of section 1 of [this act] P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19, the Watershed Property Review Board may refer the application to the Office of Administrative Law, which shall conduct a hearing and issue recommendations based on findings of fact and conclusions of law for consideration by the Watershed Property Review Board in making its determination. Upon receipt of those recommendations, the Watershed Property Review Board shall make its final decision within the timeframes allowed for contested cases as set forth in section 10 of P.L.1968, c.410 (C.52:14B-10) and any rules or regulations adopted in accordance therewith.
d. The provisions of section 1 of P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19, shall not apply to any watershed property conveyed to a municipal or county government entity for the purposes of supporting open space, conservation or recreation or through the Green Acres program or another similar State program, as determined by the Department of Environmental Protection.
e. As used in this section:
"Conveyance" or "conveyed" means a transfer of title to watershed property through sale, grant of a permanent leasehold interest, or easement.
"Green Acres program" means the same as defined pursuant to section 1 of P.L.1983, c.324 (C.13:1L-3), and any other similar program created by law to promote the acquisition and development of land for recreation and conservation purposes.
"Watershed property" means land utilized and owned by a municipality, municipal utilities authority, or public utility for the purpose of the protection of a public water supply, but shall not include lands subject to regulation pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.) or P.L.1973, c.185 (C.13:19-1 et seq.), or lands utilized and owned by a municipality, municipal utilities authority, or public utility for purposes other than the protection of a public water supply.
(cf: P.L.1988, c.163, s.2)
2. Section 4 of P.L.1988, c.163 (C.48:2-23.1) is amended to read as follows:
4. a. (1) The Board of Public Utilities, in reviewing a request by a public utility to convey land utilized for the purpose of the protection of a public water supply to a corporation or other entity which is not subject to the jurisdiction of the board, shall request the [Department of Environmental Protection] Watershed Property Review Board to review and make recommendations on an assessment, prepared and submitted by the utility, of the impact that the conveyance, and the prospective use or uses of the land conveyed, would have on the water quality of the affected public water supply, and shall require the [department] Watershed Property Review Board to assess the impact of the conveyance on the State's open space, conservation, and recreation requirements. The [department] Watershed Property Review Board, upon receipt of a request by the [board] Board of Public Utilities for an assessment and a review pursuant to this [subsection] paragraph , shall prepare and submit to the [board] Board of Public Utilities the assessment and review within [12 months] 90 days of the request therefor.
(2) The Board of Public Utilities, in reviewing a request by a public utility to convey land utilized for the purpose of the protection of a public water supply to a government entity, such as a municipality or county, shall request the Watershed Property Review Board to review and make recommendations on an assessment, prepared and submitted by the utility, of the impact that the conveyance, and the prospective use or uses of the land conveyed, would have on the water quality of the affected public water supply, and shall require the Watershed Property Review Board to assess the impact of the conveyance on the State's open space, conservation, and recreation requirements. The Watershed Property Review Board, upon receipt of a request by the Board of Public Utilities for an assessment and a review pursuant to this paragraph, shall prepare and submit to the Board of Public Utilities the assessment and review within 30 days of the request therefor.
b. Any public utility requesting the [board] Board of Public Utilities to approve a conveyance of land utilized for the purpose of the protection of a public water supply to a corporation, government entity, or other entity which is not subject to the jurisdiction of the [board] Board of Public Utilities shall submit to the [board] Board of Public Utilities a document setting forth a detailed explanation of the prospective use or uses of the land to be conveyed. The [board] Board of Public Utilities, upon receipt of this document, may require the public utility to submit any additional information which the [board] Board of Public Utilities deems appropriate.
(cf: P.L.1988, c.163, s.4)
3. (New section) a. The Watershed Property Review Board shall be subject to the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6).
b. All decisions, determinations, and rulings by the Watershed Property Review Board, including any reasons set forth by the board in making a decision, determination, or ruling, shall be considered public records and posted on the Internet website of the Department of Environmental Protection. The website shall also provide information about the board, the watershed moratorium established pursuant to section 1 of P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19, and the process for a public utility to receive an exemption from the moratorium in order to convey land utilized for the purpose of the protection of a public water supply.
4. (New section) Within 180 days after the effective date of this act, the Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B‑1 et seq.), rules and regulations as necessary to effectuate the purposes of this act.
5. This act shall take effect immediately.
STATEMENT
This bill would make revisions to the Watershed Property Review Board (hereinafter referred to as the "board"), created by P.L.1988, c.163 as amended by P.L.1990, c.19, which has the authority to exempt the conveyance of property from the watershed moratorium established by that act. The bill would allow the board members, consisting of the Commissioner of Environmental Protection, Commissioner of Community Affairs, and President of the Board of Public Utilities (BPU), to appoint their respective designees to perform the duties required of the board.
The bill provides that a person applying for an exemption may contest the decision of the board before an Administrative Law Judge as a contested case in accordance with the "Administrative Procedure Act."
The bill would also provide that the moratorium would not apply to any watershed property conveyed to a municipal or county government entity for the purposes of supporting open space, conservation or recreation or through the Green Acres program or another similar State program as determined by the Department of Environmental Protection (DEP).
Under the bill, the Watershed Property Review Board would also be made subject to the "Senator Byron M. Baer Open Public Meetings Act," and would be required to post all rulings and determinations and reasons therefor on the website of the DEP. Any such rulings and determinations would be considered public records. The bill would also require the board to act on an application for exemption from the moratorium within 30 days.
Current law requires the BPU, in reviewing a request by a public utility to convey land utilized for the purpose of the protection of a public water supply to a corporation or other entity which is not subject to the jurisdiction of the BPU, to request the DEP to review and make recommendations on an assessment, prepared and submitted by the utility, of the impact that the conveyance, including the impact on open space, conservation, and recreation. This bill would change the requirement that DEP submit the assessment to the BPU within one year to instead be that the board submit it to the BPU within 90 days. Additionally, the bill provides that when a public utility wishes to convey land utilized for the purpose of the protection of a public water supply to a government entity, such as a municipality or county, the board would expedite its submission to the BPU within 30 days.
