Bill Text: NJ S347 | 2010-2011 | Regular Session | Introduced
Bill Title: Renames Dept. of Agriculture as Dept. of Agriculture and Conservation; transfers certain agencies from other depts. to Dept. of Agriculture and Conservation; clarifies authority of Fish and Game Council.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S347 Detail]
Download: New_Jersey-2010-S347-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Sussex, Hunterdon and Morris)
SYNOPSIS
Renames Dept. of Agriculture as Dept. of Agriculture and Conservation; transfers certain agencies from other depts. to Dept. of Agriculture and Conservation; clarifies authority of Fish and Game Council.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act renaming the Department of Agriculture as the Department of Agriculture and Conservation, transferring certain functions, powers, duties, agencies, divisions, and other entities from certain other principal departments to the Department of Agriculture and Conservation, clarifying the authority of the Fish and Game Council, supplementing Titles 4 and 13 of the Revised Statutes, and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. On and after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Agriculture shall be entitled and known as the Department of Agriculture and Conservation, and whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Department of Agriculture, the same shall mean and refer to the Department of Agriculture and Conservation.
b. On and after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Secretary of Agriculture shall be entitled and known as the Secretary of Agriculture and Conservation, and whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Secretary of Agriculture, the same shall mean and refer to the Secretary of Agriculture and Conservation.
2. (New section) The Legislature find and declares that:
a. Agriculture plays an integral role in the prosperity and well-being of the State, and the rich history, heritage, and importance of agriculture in New Jersey is embodied in the State's nationally known nickname and slogan, the "Garden State";
b. "Jersey Fresh," "Jersey Grown, "Jersey Seafood" and other similar marketing programs are emblematic of the very high quality of the State's agricultural, horticultural, and seafood products, and New Jersey's farmers provide a fresh and abundant supply of food to the citizens of the State and to peoples all over the nation and world;
c. Much of the farmland in the State faces the imminent threat of permanent conversion to non-farm uses, and so the retention and development of an economically viable agricultural industry is of high public priority;
d. New Jersey is blessed with an abundance of rich natural resources, including dense forests, wetlands, coastal areas, sandy beaches, unique and varied flora and fauna, open space, meadowlands, the Atlantic Ocean, lakes, rivers, bays, streams, and estuaries, the pinelands, aquifers, mountains, and historic structures and sites;
e. These resources, although vital to the recreational and environmental needs of the State and necessary to maintain the quality of life that has attracted so many people to live and work in New Jersey, are threatened by continued, accelerating and often poorly planned development that may lead to their destruction;
f. The protection and proper management of these resources is an essential governmental function which will help ensure that these resources will be enjoyed by future generations;
g. Open space preservation prevents problems such as flooding, pollution, the destruction of ecosystems, and the lack of adequate water supplies, and preserving the State's lands, biota, and historic structures and sites has not been given sufficient priority because these areas are often neglected when other immediate, life threatening environmental problems occur; and
h. It is altogether fitting and proper, and in furtherance of the public interest and to maintain the quality of life for the citizens of the State, to give priority to agriculture and to natural and historic resource protection and management by placing such matters under the purview of a single principal Department of Agriculture and Conservation, and to delegate to that department the powers to administer programs dealing with agriculture, fish and wildlife management, parks and forests, land acquisition, conservation, and management, recreation, historic preservation, dam safety, lake restoration, flood control, and shore protection.
3. (New section) The Secretary of Agriculture and Conservation shall, in conjunction with the State Board of Agriculture, and in addition to any functions, powers, and duties pertaining to agriculture assigned to the secretary or board by law prior to the date of enactment of this act or as otherwise provided by law or in this act:
a. Administer the work of the department;
b. Appoint and remove officers and other personnel employed within the department, subject to the provisions of Title 11A of the New Jersey Statutes and other applicable statutes, except as herein otherwise specifically provided;
c. Perform, exercise, and discharge the functions, powers, and duties of the department through such divisions, offices, bureaus, and other organizational units as may be established by this act or otherwise by law or as the secretary may establish for efficient and effective operation;
d. Formulate comprehensive policies for the conservation of the natural resources of the State, provided that these comprehensive policies shall not supersede or contradict the State Fish and Game Code as adopted and implemented by the Fish and Game Council pursuant to sections 31 through 41 of P.L.1948, c.448 (C.13:1B-29 et al.) or any comprehensive policies concerned therewith formulated by the council;
e. Administer or supervise programs of land and resource conservation, protection, and preservation, and encourage and aid in coordinating local land and resource conservation, protection, and preservation services;
f. Acquire title to real property for the purpose of fulfilling the duties and responsibilities of the department;
g. Establish and maintain adequate scientific expertise and laboratories to provide the department with expert assistance, and any other facilities, sites, equipment, or machinery necessary to the performance of its duties and responsibilities and for the acquisition of information on matters affecting land and resource conservation, protection, and preservation;
h. Conduct and supervise Statewide programs of environmental education, including the preparation and distribution of information relating to land and resource conservation, protection, and preservation;
i. Contract with any other public agency or corporation incorporated under the laws of this or any other state for the performance of any function under this act;
j. Cooperate with, apply for, receive, and expend funds from the federal government, the State government, or any county or municipal government, or from any public or private sources, for any of the objectives of this act, with the approval of the Governor;
k. Adopt, in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B 1 et seq.) and in the name of the department, rules and regulations as may be authorized by law and for the efficient conduct of the work and general administration of the department, its officers and employees;
l. Receive or initiate complaints and institute legal proceedings or processes as may be necessary to enforce any law under the jurisdiction of, or any rule or regulation adopted by, the department, to give effect to any of the secretary's or board's functions, powers, or duties, or to prevent violations, and seek and obtain injunctive relief and the recovery of fines and penalties in summary proceedings as provided by law;
m. Prepare and submit an annual report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature of the department's operations, and render other reports as the Governor or Legislature may from time to time request or as may be required by law; and
n. Perform any other functions as may be prescribed in this act or by any other applicable law.
4. (New section) a. The functions, powers, and duties of the divisions, subdivisions, officers, and employees of the Department of Agriculture are continued in the Department of Agriculture and Conservation.
b. This act shall not affect the rules, regulations, and orders heretofore adopted or issued by the Department of Agriculture, but such rules, regulations, and orders shall continue with full force and effect until amended or repealed by the Department of Agriculture and Conservation.
c. This act shall not affect actions or proceedings, civil or criminal, brought by or against any office or officer of the Department of Agriculture and pending on the effective date of this act, and such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the Department of Agriculture and Conservation or any appropriate office or officer thereof as if the provisions of this act had not taken effect, nor shall any of the provisions of this act affect any order or recommendation made by, or other matters or proceedings before, the Department of Agriculture or any office or officer thereof, and all such orders or recommendations made by, or other matters or proceedings pending before, that department, office or officer on the effective date of this act shall be continued by or before the Department of Agriculture and Conservation or any appropriate office or officer thereof as if the provisions of this act had not taken effect.
d. All boards, commissions, offices, or divisions created by executive order and placed within the Department of Agriculture or administered by that department shall be continued within the Department of Agriculture and Conservation.
5. (New section) Whenever the Commissioner of Environmental Protection, or any employee of that department, is designated to sit on a board or be a member of any council, division, commission, trust, authority, or any other entity being transferred pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), the designation shall mean the Secretary of Agriculture and Conservation, unless the Secretary of Agriculture and Conservation or a representative thereof is already sitting on the board or is already a member of the council, division, commission, trust, authority, or other entity.
6. (New section) The Division of Fish and Wildlife in the Department of Environmental Protection, together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Division of Fish and Wildlife in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Division of Fish and Wildlife in the Department of Environmental Protection is used, the term shall mean the Division of Fish and Wildlife in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the division, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
7. (New section) The Fish and Game Council in the Division of Fish and Wildlife in the Department of Environmental Protection, established pursuant to section 26 of P.L.1948, c.448 (C.13:1B-24), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Fish and Game Council in but not of the Division of Fish and Wildlife in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Fish and Game Council in the Division of Fish and Wildlife in the Department of Environmental Protection is used, the term shall mean the Fish and Game Council in but not of the Division of Fish and Wildlife in the Department of Agriculture and Conservation.
8. (New section) The Marine Fisheries Council in the Department of Environmental Protection, created pursuant to section 4 of P.L.1979, c.199 (C.23:2B-4), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Marine Fisheries Council in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Marine Fisheries Council in the Department of Environmental Protection is used, the term shall mean the Marine Fisheries Council in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
9. (New section) The Shellfisheries Council in the Department of Environmental Protection, established pursuant to R.S.50:1-18, together with all its functions, powers, duties, subdivisions, and other entities, including the Atlantic Coast Section and the Delaware Bay Section of the council, is continued as the Shellfisheries Council in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Shellfisheries Council in the Department of Environmental Protection is used, the term shall mean the Shellfisheries Council in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
10. (New section) The committee known as the Endangered and Nongame Species Advisory Committee, established in the Department of Environmental Protection pursuant to section 7 of P.L.1973, c.309 (C.23:2A-7), together with all its functions, powers, duties, subdivisions, and other entities, is continued in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the reference is made to the committee, or the name Endangered and Nongame Species Advisory Committee is used, the term shall mean the Endangered and Nongame Species Advisory Committee in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the committee, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
11. (New section) The New Jersey Migratory Waterfowl Advisory Committee in the Division of Fish and Wildlife in the Department of Environmental Protection, established pursuant to section 7 of P.L.1983, c.504 (C.23:3-81), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the New Jersey Migratory Waterfowl Advisory Committee in the Division of Fish and Wildlife in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term New Jersey Migratory Waterfowl Advisory Committee in the Division of Fish and Wildlife in the Department of Environmental Protection is used, the term shall mean the New Jersey Migratory Waterfowl Advisory Committee in the Division of Fish and Wildlife in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the committee, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
12. (New section) The State Mosquito Control Commission in the Department of Environmental Protection, created pursuant to section 1 of P.L.1956, c.135 (C.26:9-12.3), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the State Mosquito Control Commission in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term State Mosquito Control Commission in the Department of Environmental Protection is used, the term shall mean the State Mosquito Control Commission in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the commission, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
13. (New section) The Division of Parks and Forestry in the Department of Environmental Protection, together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Division of Forestry and Parks in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Division of Parks and Forestry in the Department of Environmental Protection is used, the term shall mean the Division of Forestry and Parks in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the division, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
14. (New section) The Natural Areas Council in the Division of Parks and Forestry in the Department of Environmental Protection, established pursuant to section 4 of P.L.1961, c.51 (C.13:1B-15.7), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Natural Areas Council in the Division of Parks and Forestry in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Natural Areas Council in the Division of Parks and Forestry in the Department of Environmental Protection is used, the term shall mean the Natural Areas Council in the Division of Parks and Forestry in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
15. (New section) The New Jersey Natural Lands Trust in but not of the Division of Parks and Forestry in the Department of Environmental Protection, created and established pursuant to section 1 of P.L.1968, c.425 (C.13:1B-15.119), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the New Jersey Natural Lands Trust in but not of the Division of Parks and Forestry in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term New Jersey Natural Lands Trust in but not of the Division of Parks and Forestry in the Department of Environmental Protection is used, the term shall mean the New Jersey Natural Lands Trust in but not of the Division of Parks and Forestry in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the trust, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
16. (New section) The Historic Sites Council in the Division of Parks and Forestry in the Department of Environmental Protection, created pursuant to section 1 of P.L.1967, c.124 (C.13:1B-15.108), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Historic Sites Council in the Division of Parks and Forestry in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Historic Sites Council in the Division of Parks and Forestry in the Department of Environmental Protection is used, the term shall mean the Historic Sites Council in the Division of Parks and Forestry in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
17. (New section) The Historic New Bridge Landing Park Commission in the Division of Parks and Forestry in the Department of Environmental Protection, created pursuant to section 1 of P.L.1995, c.260 (C.13:15B-1), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Historic New Bridge Landing Park Commission in the Division of Parks and Forestry in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Historic New Bridge Landing Park Commission in the Division of Parks and Forestry in the Department of Environmental Protection is used, the term shall mean the Historic New Bridge Landing Park Commission in the Division of Parks and Forestry in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the commission, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
18. (New section) The Community Forestry Council in the Department of Environmental Protection, established pursuant to section 5 of P.L.1996, c.135 (C.13:1L-17.5), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Community Forestry Council in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Community Forestry Council in the Department of Environmental Protection is used, the term shall mean the Community Forestry Council in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
19. (New section) The Forest Health Advisory Council in the Department of Environmental Protection, established pursuant to section 2 of P.L.2007, c.44 (C.13:1L-27), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Forest Health Advisory Council in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Forest Health Advisory Council in the Department of Environmental Protection is used, the term shall mean the Forest Health Advisory Council in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
20. (New section) The board of tree experts in the Department of Environmental Protection, established pursuant to section 3 of P.L.1940, c.100, (C.45:15C-3), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the board of tree experts in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term board of tree experts in the Department of Environmental Protection is used, the term shall mean the board of tree experts in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the board, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
21. (New section) The Delaware and Raritan Canal Commission in the Department of Environmental Protection, established pursuant to section 11 of P.L.1974, c.118 (C.13:13A-11), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Delaware and Raritan Canal Commission in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Delaware and Raritan Canal Commission in the Department of Environmental Protection is used, the term shall mean the Delaware and Raritan Canal Commission in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the commission, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
22. (New section) The Palisades Interstate Park Commission in but not of the Department of Environmental Protection, continued and allocated pursuant to section 3 of P.L.1980, c.104 (C.32:14-1.3), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Palisades Interstate Park Commission in but not of the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Palisades Interstate Park Commission in but not of the Department of Environmental Protection is used, the term shall mean the Palisades Interstate Park Commission in but not of the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the commission, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
23. (New section) The Citizens Advisory Council on the Palisades Interstate Park in the Department of Environmental Protection, created pursuant to section 9 of P.L.1980, c.104 (C.32:14-1.9), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Citizens Advisory Council on the Palisades Interstate Park in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Citizens Advisory Council on the Palisades Interstate Park in the Department of Environmental Protection is used, the term shall mean the Citizens Advisory Council on the Palisades Interstate Park in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
24. (New section) Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the Greenwood Lake Commission, created pursuant to section 3 of P.L.1999, c.402 (C.32:20A-3), that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
25. (New section) The Lake Hopatcong Commission in but not of the Department of Environmental Protection, created pursuant to section 3 of P.L.2000, c.175 (C.58:4B-3), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Lake Hopatcong Commission in but not of the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Lake Hopatcong Commission in but not of the Department of Environmental Protection is used, the term shall mean the Lake Hopatcong Commission in but not of the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the commission, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
26. (New section) The Office of Green Acres in the Department of Environmental Protection, established pursuant to section 24 of P.L.1999, c.152 (C.13:8C-24), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the Office of Green Acres in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Office of Green Acres in the Department of Environmental Protection is used, the term shall mean the Office of Green Acres in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the office, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
27. (New section) The Office of Engineering and Construction in the Department of Environmental Protection, together with all its functions, powers, duties, subdivisions, and other entities concerned with or responsible for dam safety, flood control, flood plain management, shore protection or coastal engineering, is continued as the Office of Engineering and Construction in the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term Office of Engineering and Construction in the Department of Environmental Protection is used, the term shall mean the Office of Engineering and Construction in the Department of Agriculture and Conservation. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the office, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
28. (New section) The New Jersey Historic Trust in but not of the Department of Community Affairs, created and established pursuant to section 4 of P.L.1967, c.124 (C.13:1B-15.111), together with all its functions, powers, duties, subdivisions, and other entities, is continued as the New Jersey Historic Trust in but not of the Department of Agriculture and Conservation. Whenever in any law, rule, regulation, or order the term New Jersey Historic Trust in but not of the Department of Community Affairs or in but not of another principal department is used, the term shall mean the New Jersey Historic Trust in but not of the Department of Agriculture and Conservation. Whenever any law grants the Department of Community Affairs or another principal department, or the commissioner thereof, review, control, or power over or relating to the trust, that review, control, or power shall be exercised by the Department of Agriculture and Conservation, or the secretary thereof.
29. (New section) The functions, powers, and duties exercised or performed by the Department of Environmental Protection, or the commissioner thereof, as they relate to the laws enumerated in this section, or supplements to these laws, are transferred to the Department of Agriculture and Conservation, or the secretary thereof, as appropriate. Whenever the term Department of Environmental Protection is used in any of these laws the term means the Department of Agriculture and Conservation. Whenever the term Commissioner of Environmental Protection is used in any of these laws the term means the Secretary of Agriculture and Conservation. The functions, powers, and duties exercised or performed by the Department of Environmental Protection, or the commissioner thereof, and enumerated in the following laws are to be exercised or performed by the Department of Agriculture and Conservation or the secretary thereof:
All laws in Title 13 of the Revised Statutes pertaining to fish and wildlife, the Division of Fish and Wildlife, and the Fish and Game Council;
P.L.1977, c.167 (C.13:1A-6.1 et seq.);
P.L.1961, c.51 (C.13:1B-15.4 et seq.);
The "Natural Areas System Act," P.L.1975, c.363 (C.13:1B-15.12a et seq.);
P.L.1966, c.54 (C.13:1B-15.100 et seq.);
P.L.1967, c.124 (C.13:1B-15.108 et seq.);
P.L.1968, c.425 (C.13:1B-15.119 et seq.);
P.L.1970, c.268 (C.13:1B-15.128 et seq.);
P.L.1999, c.377 (C.13:15.131a et seq.);
The "Open Lands Management Act," P.L.1983, c.560 (C.13:1B-15.133 et seq.);
P.L.1988, c.127 (C.13:1B-15.146 et seq.);
The "Endangered Plant Species List Act," P.L.1989, c.56 (C.13:1B-15.151 et seq.);
P.L.1997, c.64 (C.13:1B-15.159 et seq.);
The "State Park and Forestry Resources Act," P.L.1983, c.324 (C.13:1L-1 et seq.);
P.L.1993, 106 (C.13:1L-14.1 et seq.);
The "New Jersey Shade Tree and Community Forestry Assistance Act," P.L.1996, c.135 (C.13:1L-17.1 et seq.);
P.L.2007, c.44 (C.13:1L-26 et seq.);
R.S.13:8-23 et seq.;
P.L.1973, c.54 (C.13:8-29 et seq.);
The "New Jersey Trails System Act," P.L.1974, c.159 (C.13:8-30 et seq.);
P.L.2005, c.327 (C.13:8-44.1 et seq.);
The "New Jersey Wild and Scenic Rivers Act," P.L.1977, c.236 (C.13:8-45 et seq.);
P.L.1982, c.167 (C.13:8-64 et seq.);
The "New Jersey Green Acres Land Acquisition Act of 1961," P.L.1961, c.45 (C.13:8A-1 et seq.);
The "New Jersey Green Acres Land Acquisition Act of 1971," P.L.1971, c.419 (C.13:8A-19 et seq.);
The "New Jersey Green Acres Land Acquisition and Recreation Opportunities Act," P.L.1975, c.155 (C.13:8A-35 et seq.);
The "New Jersey Conservation Restriction and Historic Preservation Restriction Act," P.L.1979, c.378 (C.13:8B-1 et seq.);
The "Garden State Preservation Trust Act," P.L.1999, c.152 (C.13:8C-1 et seq.);
Chapter 9 of Title 13 of the Revised Statutes;
The "Forest Fire Prevention and Control Act," P.L.1981, c.369 (C.13:9-44.1 et seq.);
P.L.1948, c.11 (C.13:9-52 et seq.);
The "Delaware and Raritan Canal State Park Law of 1974," P.L.1974, c.118 (C.13:13A-1 et seq.);
P.L.1995, c.260 (C.13:15B-1);
Section 1 of P.L.1992, c.148 (C.13:19-16.1);
Section 1 of P.L.1997, c.384 (C.13:19-16.2);
Section 1 of P.L.2007, c.278 (C.13:19-16.3);
P.L.1995, c.19 (C.13:19-31 et seq.);
P.L.1981, c.148 (C.18A:64I-1 et seq.);
Title 23 of the Revised Statutes;
Chapter 9 of Title 26 of the Revised Statutes;
P.L.1980, c.104 (C.32:14-1.1 et seq.);
P.L.1941, c.169 (C.32:21-1 et seq.);
P.L.1993, c.168 (C.39:3-27.47 et seq.);
Sections 10 through 15 of P.L.1996, c.135 (C.39:3-27.79 through C.39:3-27.84);
P.L.1997, c.74 (C.39:3-27.86 et al.);
P.L.1997, c.195 (C.39:3-27.91 et seq.);
P.L.1993, c.119 (C.39:3-33.10);
P.L.1995, c.241 (C.39:3-33.11);
P.L.1973, c.307 (C.39:3C-1 et seq.);
The "County Historical Commission Act," P.L.1987, c.255 (C.40:33B-1 et seq.);
Section 66 of P.L.1975, c.291 (C.40:55D-79);
The "tree expert act," P.L.1940, c.100 (C.45:15C-1 et seq.);
Title 50 of the Revised Statutes;
P.L.1974, c.167 (C.54:4-3.63 et seq.);
P.L.1981, c.170 (C.54A:9-25.2 et seq.);
R.S.58:4-1 et seq.;
The "Safe Dam Act," P.L.1981, c.249 (C.58:4-8.1 et seq.);
P.L.2001, c.360 (C.58:4-11 et seq.);
Section 5 of P.L.2004, c.170 (C.58:4-14);
Sections 3 and 4 of P.L.1962, c.19 (C.58:16A-52 and C.58:16A-53).
30. (New section) The functions, powers, and duties exercised or performed by the Department of Environmental Protection, and the commissioner thereof, pursuant to the following provisions of the State Constitution and the following bond acts are transferred to and shall be exercised or performed by the Department of Agriculture and Conservation and the secretary thereof:
Article VIII, Section II, paragraph 6, subparagraph (e) of the State Constitution;
Article VIII, Section II, paragraph 7 of the State Constitution;
The "New Jersey Green Acres Bond Act of 1961," P.L.1961, c.46;
The "New Jersey Green Acres Bond Act of 1971," P.L.1971, c.165;
The "New Jersey Green Acres and Recreation Opportunities Bond Act of 1974," P.L.1974, c.102;
The "New Jersey Green Acres Bond Act of 1978," P.L.1978, c.118;
The "Natural Resources Bond Act of 1980," P.L.1980, c.70, with respect to dam restoration and repair, and also with respect to such other subject matter areas as may be agreed upon by the Commissioner of Environmental Protection and the Secretary of Agriculture and Conservation;
The "New Jersey Green Acres Bond Act of 1983," P.L.1983, c.354;
The "Shore Protection Bond Act of 1983," P.L.1983, c.356;
The "New Jersey Green Acres, Cultural Centers and Historic Preservation Bond Act of 1987," P.L.1987, c.265;
The "Open Space Preservation Bond Act of 1989," P.L.1989, c.183;
The "Green Acres, Farmland and Historic Preservation, and Blue Acres Bond Act of 1995," P.L.1995, c.204;
The "Port of New Jersey Revitalization, Dredging, Environmental Cleanup, Lake Restoration, and Delaware Bay Area Economic Development Bond Act of 1996," P.L.1996, c.70, with respect to lake restoration, and also with respect to such other subject matter areas as may be agreed upon by the Commissioner of Environmental Protection and the Secretary of Agriculture and Conservation;
The "Dam, Lake, Stream, Flood Control, Water Resources, and Wastewater Treatment Project Bond Act of 2003," P.L.2003, c.162, with respect to dam restoration and repair, lake dredging and restoration, stream cleaning and desnagging, and flood control, and also with respect to such other subject matter areas as may be agreed upon by the Commissioner of Environmental Protection and the Secretary of Agriculture and Conservation; and
The "Green Acres, Farmland, Blue Acres, and Historic Preservation Bond Act of 2007," P.L.2007, c.119.
31. (New section) a. The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.), and all transfers directed by P.L. , c. (C. ) (pending before the Legislature as this bill) shall be made in accordance with the "State Agency Transfer Act."
b. The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall not affect the tenure, compensation, and pension rights, if any, of the holder of a position not specifically abolished herein in office upon the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), nor alter the term of a member of a board, commission, or public body, not specifically abolished herein, in office on the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), or require the reappointment thereof. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to deprive any person of any right or protection provided to the person by Title 11A of the New Jersey Statutes, Civil Service, or under any pension law or retirement system.
c. Acts and parts of acts inconsistent with any of the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) are, to the extent of such inconsistency, superseded.
32. R.S.4:1-2 is amended to read as follows:
4:1-2. The department shall consist of:
a. A State Board of Agriculture, which shall be the head of the department;
b. A Secretary of Agriculture and Conservation, who shall be the principal executive officer of the department;
c. An [assistant] Assistant Secretary [of] for Agriculture and an Assistant Secretary for Conservation;
d. A Division of [Animal Health] Agriculture and Natural Resources;
e. A Division of [Markets] Animal Health;
f. A Division of [Plant Industry] Food and Nutrition;
g. A Division of [Dairy Industry] Marketing and Development;
h. A Division of Plant Industry;
i. A Division of Fish and Wildlife;
j. A Division of Parks and Forestry;
k. An Office of Engineering and Construction;
l. An Office of Green Acres;
m. An Office of Historic Resources;
n. Such other divisions , offices and bureaus as may be created as provided in [section 4:1-17 of this Title] R.S.4:1-17 or by any other law, rule, regulation, or executive order; and
[i.] o. The officers and employees authorized to be appointed and employed.
(cf: P.L.1968, c.358, s.1)
33. R.S.4:1-5 is amended to read as follows:
4:1-5. At a convention to be held once in each year in the State of New Jersey, delegates chosen as provided in [section 4:1-6 of this Title] R.S.4:1-6 shall assemble and elect, by a majority vote of the delegates present, two farmers to be recommended to the Governor for appointment to the board, with the advice and consent of the Senate, to fill the vacancies caused by the expiration of terms of office. The delegates to the convention may determine the validity of the selection and qualifications of a delegate, and a majority of all delegates shall constitute a quorum. The board shall determine the time and place for holding each convention, and the president of the board, or in his absence the vice-president, shall serve as the presiding officer at the convention and shall be entitled to vote in case of tie.
The delegates to the convention shall review the problems associated with the agricultural industry of the State in whatever manner they see fit, and through resolutions or other means shall recommend to the Department of Agriculture and Conservation and to other agencies of the State and nation programs to be followed for the welfare of the agricultural interests of the State.
(cf: P.L.1944, c.202, s.2)
34. R.S.4:1-11 is amended to read as follows:
4:1-11. The board may establish rules and regulations for its own proceedings and for the government and control of the [department] Department of Agriculture and Conservation , the officers and employees therein and the performance by them of their duties.
(cf: R.S.4:1-11)
35. Section 3 of P.L.1993, c.265 (C.4:1-11.1) is amended to read as follows:
3. The board may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) , such rules and regulations as may be necessary to carry out the provisions of [this Title] law under the jurisdiction or purview of the Department of Agriculture and Conservation , including the amendment of fees and penalties authorized pursuant to this Title.
(cf: P.L.2002, c.34, s.1)
36. R.S.4:1-12 is amended to read as follows:
4:1-12. The board shall assign to the various divisions, offices, bureaus, officers and employees of the Department of Agriculture and Conservation , their proper functions and duties and either directly, or through the secretary, supervise and control the performance thereof.
(cf: P.L.1950, c.293, s.1)
37. R.S.4:1-13 is amended to read as follows:
4:1-13. The board, with the
approval of the Governor, shall appoint the [secretary
of agriculture] Secretary
of Agriculture and Conservation , and in conjunction with the secretary may
appoint an [assistant
secretary of agriculture]
Assistant Secretary of Agriculture and Conservation and , except as
provided otherwise pursuant to law, shall appoint the directors of
divisions, the chiefs of the various offices and bureaus, the
inspectors, veterinarians, experts and all other officers, agents and employees
of the [department] Department of
Agriculture and Conservation , except the clerks and stenographers attached
thereto. The board, upon the advice and recommendation of the secretary, shall
fix the compensation of all officers and employees subject to the provisions of
Title [11] 11A , Civil
Service, of the New Jersey
Statutes except where otherwise provided by statute.
(cf: P.L.1950, c.293, s.2)
38. R.S.4:1-14 is amended to read as follows:
4:1-14. The secretary shall lay before the board the reports [of the directors of divisions which are required by section 4:1-19 of this Title to be presented] required by R.S.4:1-19 , and the board shall incorporate the same, or so much thereof as it shall deem pertinent and proper, together with such additional matter pertaining to the work of the [department] Department of Agriculture and Conservation and the promotion of the agricultural interests of the State as it may determine, in an annual report to be submitted by it to the following session of the Legislature and in accordance with the provisions of section 2 of P.L.1991, c.164 (C.52:14-19.1) .
(cf: P.L.1950, c.293, s.3)
39. R.S.4:1-15 is amended to read as follows:
4:1-15. The Secretary of Agriculture and Conservation shall be appointed by the board, with the approval of the Governor. He shall receive such salary as shall be provided by law. The Secretary of Agriculture and Conservation shall administer, direct and cause to be performed the functions and duties of the [department] Department of Agriculture and Conservation.
(cf: P.L.1962, c.65, s.1)
40. R.S.4:1-16 is amended to read as follows:
4:1-16. The secretary shall appoint the necessary clerks and stenographers and other employees of the [department] Department of Agriculture and Conservation, whose appointment or employment has not been vested in the board, and assign to them their proper duties and compel the efficient performance thereof. He shall act as the secretary of the board, and his signature to any executive or administrative order shall be a sufficient authority for the execution thereof.
(cf: R.S.4:1-16)
41. R.S.4:1-17 is amended to read as follows:
4:1-17. For the economic and
efficient execution and performance of its powers and duties the board may
create [a
Division of Animal Health, a Division of Markets, a Division of Plant Industry
and such other divisions]
such divisions, offices and bureaus as it may from time to time deem
necessary and proper, and may assign to each division , office and
bureau its proper functions and secure the performance thereof. Each division ,
office and
bureau shall consist of such officers and employees as the board may designate.
(cf: P.L.1967, c.175, s.2)
42. R.S.4:1-18 is amended to read as follows:
4:1-18. The director or administrator of each division or office shall be its executive and administrative head, subject to the supervision and control of the [secretary of agriculture] Secretary of Agriculture and Conservation , and the signature of each director or administrator to any executive or administrative order within the scope of his duties shall be a sufficient authority therefor; but the board may, by rule or regulation, prescribe the limits within which any division or office director or administrator may act without the sanction and approval of the secretary or the board itself.
(cf: P.L.1950, c.293, s.5)
43. R.S.4:1-19 is amended to read as follows:
4:1-19. The director of each division or office shall, on or before October first in each year, present to the secretary a report of the work of the department under his charge and supervision, together with his recommendations for the extension, improvement or more efficient performance thereof.
(cf: P.L.1950, c.293, s.6)
44. Section 5 of P.L.1948, c.448 (C.13:1B-5) is amended to read as follows:
5. a. There is hereby established in the Department of Environmental Protection, a Division of Environmental Quality, a Division of Marine Services, [a Division of Fish, Game and Shell Fisheries,] and a Division of Water Resources [, and a Division of Parks and Forestry] .
The commissioner shall have authority to organize and maintain in his offices an administrative division and to assign to employment therein such secretarial, clerical and other assistants in the department as his office and the internal operations of the department shall require, and the commissioner shall have authority to direct and coordinate the uses of all public lands under the jurisdiction of the department.
In addition, the commissioner shall have the authority to reorganize the department and the several divisions established therein, into such offices, bureaus and agencies which he deems to be necessary and desirable.
b. The commissioner may designate any officer or employee in the department to perform all of the powers, functions and duties of the commissioner during the absence or disability of the commissioner. Such designation shall be subject to the approval of the Governor, and shall be in writing and filed with the Secretary of State. In the event that the commissioner shall die, resign or be removed from office or become disqualified to execute the duties of his office or a vacancy shall occur in the office of the commissioner for any cause whatever, the person designated as aforesaid shall have and exercise the powers and perform the functions, powers and duties of the commissioner until the successor of the commissioner is appointed and shall qualify.
(cf: P.L.1971, c.133, s.1)
45. Section 1 of P.L.1966, c.54 (C.13:1B-15.100) is amended to read as follows:
1. Within the Department of [Environmental Protection] Agriculture and Conservation there shall be a Division of Parks and Forestry.
The division shall be under the immediate supervision of a director, who shall be a person qualified by academic training and at least 7 years of responsible professional experience in the management of public parks, forests, and outdoor recreation facilities to direct the work of such division.
(cf: P.L.1991, c.415, s.1)
46. Section 26 of P.L.1948, c.448 (C.13:1B-24) is amended to read as follows:
26. There shall be within , but not of, the Division of Fish [, Game] and Wildlife, a Fish and Game Council which shall consist of 11 members, each of whom shall be chosen with due regard to [his] the member's knowledge of and interest in the conservation of fish and game. Each member of the council shall be appointed by the Governor, with the advice and consent of the Senate. Three of [such] the members shall be farmers, recommended to the Governor for appointment to the council by the agricultural convention held pursuant to the provisions of article 2 of chapter 1 of Title 4 of the Revised Statutes; six of [such] the members shall be sportsmen, recommended to the Governor for appointment to the council by the New Jersey State Federation of Sportsmen's Clubs; one of [such] the members shall be the [chairman] chairperson of the committee established pursuant to section 7 of [the "Endangered] "The Endangered and Nongame Species Conservation [Act" (P.L.1973, c.309; C.23:2A-7)] Act," P.L.1973, c.309 (C.23:2A-7) , and one of [such] the members shall be a person knowledgeable in land use management and soil conservation practices. One of [such] the farmer representatives and two of [such] the sportsmen representatives in the council shall be chosen from among residents of any of the following counties--Bergen, Essex, Hudson, Morris, Passaic, Sussex and Warren; one of [such] the farmer representatives and two of [such] the sportsmen representatives in the council shall be chosen from among residents of any of the following counties--Hunterdon, Mercer, Middlesex, Monmouth, Ocean, Somerset and Union; and one of such farmer representatives and two of such sportsmen representatives shall be chosen from among residents of any of the following counties--Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester and Salem.
Each member of the council shall be appointed for a term of [4] four years and shall serve until his successor has been appointed and has qualified.
(cf: P.L.1979, c.199, s.72)
47. Section 29 of P.L.1948, c.448 (C.13:1B-27) is amended to read as follows:
29. The Division of Fish and [Game] Wildlife shall be under the immediate supervision of a director, who shall be a person with special training and experience in [wild life] wildlife management and otherwise qualified to direct the work of [such] the division. The director of [such] the division shall be appointed by the Fish and Game Council, subject to the approval of the Governor, and shall, unless sooner removed by the Governor as hereinafter provided, serve at the pleasure of [such] the council and until the director's successor is appointed and has qualified. [He] The director shall receive such salary as shall be provided by law.
The director shall administer the work of [such] the division under the direction and supervision of the [commissioner] Secretary of Agriculture and Conservation, except, with respect to implementation of the State Fish and Game Code and any comprehensive policies concerned therewith adopted or formulated by the Fish and Game Council, the director shall be under the direction of the Fish and Game Council.
(cf: P.L.1948, c.448, s.29)
48. Section 30 of P.L.1948, c.448 (C.13:1B-28) is amended to read as follows:
30. a. In addition to its powers and duties otherwise hereinafter provided in sections 31 through 41 of P.L.1948, c.448 (C.13:1B-29 et al.) , the Fish and Game Council shall, subject to the approval of the [commissioner] Secretary of Agriculture and Conservation, formulate comprehensive policies for the protection and propagation of fish, birds, and game animals and for the propagation and distribution of food fish and for the keeping up of the supply thereof in the waters of the State. No such approval of the Secretary of Agriculture and Conservation shall be required with respect to the formulation of any comprehensive policies concerning the State Fish and Game Code adopted pursuant to sections 31 through 41 of P.L.1948, c.448 (C.13:1B-29 et al.) or with respect to the implementation of the State Fish and Game Code by the Division of Fish and Wildlife, the division director, the Department of Agriculture and Conservation, and the secretary thereof as directed by the council.
b. The council shall also:
[a.] (1) Consult with and advise the [commissioner] Secretary of Agriculture and Conservation and director of the Division of Fish and [Game] Wildlife with respect to the work of such division.
[b.] (2) Study the activities of the Division of Fish and [Game] Wildlife and hold hearings with respect thereto as it may deem necessary or desirable.
[c.] (3) Report to the Governor and the Legislature annually, and at such other times as it may deem in the public interest, with respect to its findings and conclusions.
(cf: P.L.1948, c.448, s.30)
49. Section 31 of P.L.1948, c.448 (C.13:1B-29) is amended to read as follows:
31. As used in this article, unless otherwise specifically indicated:
["Division" means the Division of Fish and Game in the Department of Conservation and Economic Development.
"Council" means the Fish and Game Council in the Division of Fish and Game of the Department of Conservation and Economic Development.]
"Code" means the State Fish and Game Code [.] ;
"Council" means the Fish and Game Council in but not of the Division of Fish and Wildlife; and
"Division" means the Division of Fish and Wildlife in the Department of Agriculture and Conservation.
(cf: P.L.1948, c.448, s.31)
50. Section 32 of P.L.1948, c.448 (C.13:1B-30) is amended to read as follows:
32. For the purpose of providing an adequate and flexible system of protection, propagation, increase, control and conservation of fresh water fish, game birds, game animals, and fur-bearing animals in this State, and for their use and development for public recreation and food supply, the council is hereby authorized and empowered to determine under what circumstances, when and in what localities, by what means and in what amounts and numbers such fresh water fish, game birds, game animals, and fur-bearing animals, or any of them, may be pursued, taken, killed, or had in possession so as to maintain an adequate and proper supply thereof, and may, after first having determined the need for such action on the basis of scientific investigation and research, adopt and from time to time amend and repeal such appropriate and reasonable regulations concerning the same, or any of them, penalties for the violation of which are prescribed by certain of the sections of Title 23 of the Revised Statutes amended herein, as it deems necessary to preserve, properly utilize or maintain the best relative number of any species or variety thereof, at the times, in the manner and to the extent hereinafter provided. The regulations so established shall be called the State Fish and Game Code.
The council shall be the sole authority in determining whether or not any species of fresh water fish, game bird, game animal, or fur-bearing animal may be pursued, taken, killed, or had in possession and in determining what circumstances, when and in what localities, by what means and in what amounts and numbers those species may be pursued, taken, killed, or had in possession. As directed by the council, the division, the division director, the Department of Agriculture and Conservation, and the Secretary of Agriculture and Conservation shall implement the State Fish and Game Code as adopted by the council and any comprehensive policies concerned therewith as formulated by the council.
(cf: P.L.1948, c.448, s.32)
51. Section 12 of P.L.1970, c.33 (C.13:1D-9) is amended to read as follows:
12. The department shall formulate comprehensive policies for [the conservation of the natural resources of the State,] the promotion of environmental protection and the prevention of pollution of the environment of the State. The department shall in addition to the powers and duties vested in it by this act or by any other law have the power to:
a. Conduct and supervise research programs for the purpose of determining the causes, effects and hazards to the environment and its ecology;
b. Conduct and supervise Statewide programs of education, including the preparation and distribution of information relating to conservation, environmental protection and ecology;
c. Require the registration of persons engaged in operations which may result in pollution of the environment and the filing of reports by them containing such information as the department may prescribe to be filed relative to pollution of the environment, all in accordance with applicable codes, rules or regulations established by the department;
d. Enter and inspect any property, facility, building, premises, site or place for the purpose of investigating an actual or suspected source of pollution of the environment and conducting inspections, collecting samples, copying or photocopying documents or records, and for otherwise ascertaining compliance or noncompliance with any laws, permits, orders, codes, rules and regulations of the department. Any information relating to secret processes concerning methods of manufacture or production, obtained in the course of such inspection, investigation or determination, shall be kept confidential, except this information shall be available to the department for use, when relevant, in any administrative or judicial proceedings undertaken to administer, implement, and enforce State environmental law, but shall remain subject only to those confidentiality protections otherwise afforded by federal law and by the specific State environmental laws and regulations that the department is administering, implementing and enforcing in that particular case or instance. In addition, this information shall be available upon request to the United States Government for use in administering, implementing, and enforcing federal environmental law, but shall remain subject to the confidentiality protection afforded by federal law. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person suspected of causing pollution of the environment;
e. Receive or initiate complaints of pollution of the environment, including thermal pollution, hold hearings in connection therewith and institute legal proceedings for the prevention of pollution of the environment and abatement of nuisances in connection therewith and shall have the authority to seek and obtain injunctive relief and the recovery of fines and penalties in a court of competent jurisdiction;
f. Prepare, administer and supervise Statewide, regional and local programs of conservation and environmental protection, giving due regard for the ecology of the varied areas of the State and the relationship thereof to the environment, and in connection therewith prepare and make available to appropriate agencies in the State technical information concerning conservation and environmental protection, cooperate with the Commissioner of Health and Senior Services in the preparation and distribution of environmental protection and health bulletins for the purpose of educating the public, and cooperate with the Commissioner of Health and Senior Services in the preparation of a program of environmental protection;
g. Encourage, direct and aid in coordinating State, regional and local plans and programs concerning conservation and environmental protection in accordance with a unified Statewide plan which shall be formulated, approved and supervised by the department. In reviewing such plans and programs and in determining conditions under which such plans may be approved, the department shall give due consideration to the development of a comprehensive ecological and environmental plan in order to be assured insofar as is practicable that all proposed plans and programs shall conform to reasonably contemplated conservation and environmental protection plans for the State and the varied areas thereof;
h. Administer or supervise programs of conservation and environmental protection, prescribe the minimum qualifications of all persons engaged in official environmental protection work, and encourage and aid in coordinating local environmental protection services;
i. Establish and maintain adequate bacteriological, radiological and chemical laboratories with such expert assistance and such facilities as are necessary for routine examinations and analyses, and for original investigations and research in matters affecting the environment and ecology;
j. Administer or supervise a program of industrial planning for environmental protection; encourage industrial plants in the State to undertake environmental and ecological engineering programs; and cooperate with the State Departments of Health and Senior Services, and Labor and Workforce Development, and the New Jersey Commerce Commission in formulating rules and regulations concerning industrial sanitary conditions;
k. Supervise sanitary engineering facilities and projects within the State, authority for which is now or may hereafter be vested by law in the department, and shall, in the exercise of such supervision, make and enforce rules and regulations concerning plans and specifications, or either, for the construction, improvement, alteration or operation of all public water supplies, all public bathing places, landfill operations and of sewerage systems and disposal plants for treatment of sewage, wastes and other deleterious matter, liquid, solid or gaseous, require all such plans or specifications, or either, to be first approved by it before any work thereunder shall be commenced, inspect all such projects during the progress thereof and enforce compliance with such approved plans and specifications;
l. Undertake programs of research and development for the purpose of determining the most efficient, sanitary and economical ways of collecting, disposing, recycling or utilizing of solid waste;
m. Construct and operate, on an experimental basis, incinerators or other facilities for the disposal of solid waste, provide the various municipalities and counties of this State, and the Division of Local Government Services in the Department of Community Affairs with statistical data on costs and methods of solid waste collection, disposal and utilization;
n. Enforce the State air pollution, water pollution, conservation, environmental protection, solid and hazardous waste management laws, rules and regulations, including the making and signing of a complaint and summons for their violation by serving the summons upon the violator and thereafter filing the complaint promptly with a court having jurisdiction;
o. Acquire by purchase, grant, contract or condemnation, title to real property, for the purpose of demonstrating new methods and techniques for the collection or disposal of solid waste;
p. Purchase, operate and maintain, pursuant to the provisions of this act, any facility, site, laboratory, equipment or machinery necessary to the performance of its duties pursuant to this act;
q. Contract with any other public agency or corporation incorporated under the laws of this or any other state for the performance of any function under this act;
r. With the approval of the Governor, cooperate with, apply for, receive and expend funds from, the federal government, the State Government, or any county or municipal government or from any public or private sources for any of the objects of this act;
s. Make annual and such other reports as it may deem proper to the Governor and the Legislature, evaluating the demonstrations conducted during each calendar year;
t. Keep complete and accurate minutes of all hearings held before the commissioner or any member of the department pursuant to the provisions of this act. All such minutes shall be retained in a permanent record, and shall be available for public inspection at all times during the office hours of the department;
u. Require any person subject to a lawful order of the department, which provides for a period of time during which such person subject to the order is permitted to correct a violation, to post a performance bond or other security with the department in such form and amount as shall be determined by the department. Such bond need not be for the full amount of the estimated cost to correct the violation but may be in such amount as will tend to insure good faith compliance with said order. The department shall not require such a bond or security from any public body, agency or authority. In the event of a failure to meet the schedule prescribed by the department, the sum named in the bond or other security shall be forfeited unless the department shall find that the failure is excusable in whole or in part for good cause shown, in which case the department shall determine what amount of said bond or security, if any, is a reasonable forfeiture under the circumstances. Any amount so forfeited shall be utilized by the department for the correction of the violation or violations, or for any other action required to insure compliance with the order;
v. Encourage and aid in coordinating State, regional and local plans, efforts and programs concerning the remediation and reuse of former industrial or commercial properties that are currently underutilized or abandoned and at which there has been, or is perceived to have been, a discharge, or threat of a discharge, of a contaminant. For the purposes of this subsection, "underutilized property" shall not include properties undergoing a reasonably timely remediation or redevelopment process; and
w. Conduct research and implement plans and programs to promote ecosystem-based management.
(cf: P.L.2007, c.288, s.6)
52. Section 2 of P.L.1972, c.49 (C.13:1H-2) is amended to read as follows:
2. The following words shall have the following meanings:
a. "Department" means the Department of Environmental Protection or the Department of Agriculture and Conservation depending on the subject matter of the aid or assistance and the subject matter jurisdiction of the department .
b. "Local environmental agency" means (1) a municipal environmental commission or joint environmental commission established by two or more municipalities, (2) a county environmental commission , and (3) a soil conservation district.
(cf: P.L.1975, c.334, s.6)
53. R.S.23:1-1 is amended to read as follows:
23:1-1. As used in this title:
"Assistant protector" or "assistant fish and game protector" means the Deputy Chief of the Bureau of Law Enforcement in the division;
"Closed season" means the date and time of year when wildlife may not be captured, taken, killed, or had in possession in the field;
"Code" means the State Fish and Game Code;
"Conservation officer" means any sworn, salaried member of the Bureau of Law Enforcement in the division holding the titles of Conservation Officer I, II, or III, and includes the titles of Supervising Conservation Officer and Chief of the Bureau of Law Enforcement;
"Council" means the Fish and Game Council in but not of the Division of Fish and Wildlife in the Department of [Environmental Protection] Agriculture and Conservation ;
"Delaware river" means the waters of the Delaware river from the Pennsylvania shore to the New Jersey shore, or in the case of any tributaries or inland bays on the New Jersey side, to the mouths of those tributaries or bays;
"Deputy warden" or "deputy fish and game warden" means any commissioned deputy conservation officer of the Bureau of Law Enforcement in the division;
"Division," "Division of Fish, Game and Wildlife," "board," or "Board of Fish and Game Commissioners" means the Division of Fish and Wildlife in the Department of [Environmental Protection] Agriculture and Conservation ;
"Fishing" means the possession of an instrument used to take fish in a condition that makes the instrument readily usable, while in a place or in proximity thereto where fish may be found;
"Hunting" means the possession of an instrument used to take wildlife in a condition that makes the instrument readily usable, while in a place or in proximity thereto where wildlife may be found;
"Open season" means the date and time of year when wildlife may be captured, taken, killed, or had in possession;
"Protector" or "fish and game protector" means the Chief of the Bureau of Law Enforcement in the division;
"Warden" or "fish and game warden" means a conservation officer; and
"Wildlife" means any wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean or other wild animal or any part, product, egg or offspring or the dead body or parts thereof.
(cf: P.L.1999, c.282, s.1)
54. R.S.23:2-2 is amended to read as follows:
23:2-2. The duties of the [board] division shall be the protection and propagation of fish, birds and game animals , implementation of the State Fish and Game Code as adopted by the Fish and Game Council pursuant to sections 31 through 41 of P.L.1948, c.448 (C.13:1B-29 et al.) and of any comprehensive policies concerned therewith as formulated by the council , enforcement of the laws relating thereto, propagation and distribution of food fish and the keeping up of the supply thereof in the waters of the [state] State . The [board] division may close streams or parts of streams for [forty-eight] 48 hours immediately following the stocking [of same] thereof by the [board] division , and may revoke the license of any person who shall violate the regulation so prescribed. The [board] division may permit persons, when duly authorized by the [board] division , to carry firearms in the woods and fields at any time when necessary for the conservation of [wild life] wildlife . The [board] shall have the conduct and control of all hatching stations owned and operated by the [state] State . It may investigate any complaint made to it, at all times inspect any dam, weir, fish basket, net or other illegal apparatus for taking fish, and forthwith remove the same, and, on view or information, enforce the laws for the protection and propagation of fish, birds and game animals in [this state] the State, by arrest and prosecution of the offender, without complaint or warrant. It shall make a full report to the [legislature] Legislature annually, at its meeting, of all its official operations for the year ending on June [thirtieth] 30th preceding, with any suggestions and recommendations it deems useful.
(cf: R.S.:23:2-2)
55. Section 1 of P.L.1948, c.39 (C.23:2-2.1) is amended to read as follows:
1. Whenever pursuant to law the Governor shall, by proclamation, close any forests, woodlands or open lands to entry, and any open season for taking fish, game birds, game animals or fur-bearing animals or any of them, shall have been suspended or curtailed thereby, the Fish and Game Council, at the expiration of the period of [such] that closure, may [, subject to the approval of the State Commissioner of Conservation,] by order provide for a new open season or for an extension of [such] the open season curtailed, within the limits of the area affected by the Governor's proclamation, for a period not exceeding that during which [said] the open season was suspended or curtailed.
(cf: P.L.1948, c.39, s.1)
56. (New section) a. Notwithstanding any law, rule, or regulation to the contrary, lands under the administration, ownership, management, or control of the Division of Fish and Wildlife, the Department of Agriculture and Conservation, or the Department of Environmental Protection which were acquired in whole or in part with monies from the "hunters' and anglers' license fund" created pursuant to R.S.23:3-11 and R.S.23:3-12, from the New Jersey Waterfowl Stamp Account established pursuant to section 5 of P.L.1983, c.504 (C.23:3-79), or with federal aid for fish and wildlife purposes, shall not be closed to the taking of any species of freshwater fish or wildlife in accordance with the State Fish and Game Code by the action of any State agency or official without the approval of the Fish and Game Council.
b. For the purposes of subsection a. of this section, "federal aid for fish and wildlife purposes" means any federal grant program to the states for fish and wildlife purposes using funds derived from the assessment of federal excise taxes on sporting equipment, including but not limited to the federal aid in sport fish restoration program, 16 U.S.C. s.777 et seq., and the federal aid in wildlife restoration program, 16 U.S.C. s.669 et seq.
57. This act shall take effect on the 90th day after the date of enactment.
STATEMENT
This bill would rename and reconstitute the Department of Agriculture as the Department of Agriculture and Conservation (DAC). The DAC would be composed of (1) the current Department of Agriculture, and (2) the natural and historic resources portion of the current Department of Environmental Protection (DEP). The existing position and title of Secretary of Agriculture would continue as the Secretary of Agriculture and Conservation, who would have two deputies, the Assistant Secretary for Agriculture and the Assistant Secretary for Conservation. The State Board of Agriculture would continue with expanded functions, powers, and duties because of the expanded jurisdiction of the department. The Secretary of Agriculture and Conservation would continue to be selected in the manner currently provided by law for the Secretary of Agriculture.
The DAC would consist of at least the following divisions and offices:
(1) Division of Agriculture and Natural Resources;
(2) Division of Animal Health;
(3) Division of Food and Nutrition;
(4) Division of Marketing and Development;
(5) Division of Plant Industry;
(6) Division of Fish and Wildlife;
(7) Division of Parks and Forestry;
(8) Office of Engineering and Construction (which is concerned with or responsible for dam safety, flood control, flood plain management, shore protection, and coastal engineering);
(9) Office of Green Acres; and
(10) Office of Historic Resources.
The following entities either in or in but not of the DEP would be transferred and would be allocated in or in but not of the DAC:
Board of Tree Experts
Citizens Advisory Council on the Palisades Interstate Park
Community Forestry Council
Delaware and Raritan Canal Commission
Endangered and Nongame Species Advisory Committee
Fish and Game Council
Forest Health Advisory Council
Greenwood Lake Commission
Historic New Bridge Landing Park Commission
Historic Sites Council
Lake Hopatcong Commission
Marine Fisheries Council
Natural Areas Council
New Jersey Migratory Waterfowl Advisory Committee
New Jersey Natural Lands Trust
Palisades Interstate Park Commission
Shellfisheries Council (including the Atlantic Coast Section and
the Delaware Bay Section of the council)
State Mosquito Control Commission
In addition, the New Jersey Historic Trust, which is currently in but not of the Department of Community Affairs, would be transferred and would be allocated in but not of the DAC.
The bill also delineates and reassigns to the jurisdiction and purview of the DAC and its secretary a number of laws pertaining to natural and historic resources currently under the jurisdiction and purview of the DEP and its commissioner. All laws and entities pertaining to agriculture and under the jurisdiction and purview of the current Department of Agriculture, Secretary of Agriculture, or State Board of Agriculture would continue to be under the jurisdiction and purview of the DAC, Secretary of Agriculture and Conservation, or State Board of Agriculture, as the case may be. Any entities currently allocated in but of the Department of Agriculture, such as the State Agriculture Development Committee, would be transferred and allocated in but not of the DAC.
This bill further clarifies existing law that the Fish and Game Council is empowered as the sole State governmental entity responsible for determining whether or not any species of fresh water fish, game bird, game animal, or fur-bearing animal may be fished, hunted, or trapped, and in determining what circumstances, when and in what localities, by what means and in what amounts and numbers those species may be fished, hunted, or trapped. The bill also clarifies existing law to require the Division of Fish and Wildlife, the division director, the Department of Agriculture and Conservation, and the Secretary of Agriculture and Conservation to implement the State Fish and Game Code as adopted by the council and any comprehensive policies concerned therewith as formulated by the council, all as directed by the council. The bill further emphasizes the autonomy of the council pertaining to matters of fresh water fishing, hunting, and trapping by removing the council from the division and instead locating it in, but not of, the division and the DAC. Under the bill, the Department of Environmental Protection and the commissioner thereof would have no role whatsoever with regard to matters under the purview of the Fish and Game Council.
This clarifying provision in the bill is necessary to correct the clearly erroneous interpretation of the statutory law given recently by the New Jersey Supreme Court in the case of U.S. Sportsmen' Alliance Foundation v. New Jersey Department of Environmental Protection. In its December 2, 2004 decision in that case, the Court reversed a well-reasoned, unanimous three-judge Appellate Division opinion and thereby stopped the black bear hunt scheduled for December 2004 until certain specified conditions were met. In doing so, the Supreme Court found that the Fish and Game Council and the Commissioner of Environmental Protection (now, under this bill, the Secretary of Agriculture and Conservation) have "shared responsibility" regarding the formulation of comprehensive policies pertaining to game animals, including black bears. The effect of this decision was to give the commissioner veto authority over any action taken by the council, thereby transforming the council into a mere advisory body. This result is clearly contrary to the statutory law establishing the Fish and Game Council as a fully capable regulatory body, providing for adoption of the State Fish and Game Code by the council only, and establishing the State Fish and Game Code as the only mechanism by which fresh water fishing, hunting, and trapping is regulated in the State. The Court's decision wrongly upset an established statutory framework, over 50 years of precedent, and the designed and mutually accepted working relationship established by the council with the Division of Fish and Wildlife over that time period since the council was created by law.
Section 56 of this bill also provides that lands under the administration, ownership, management, or control of the Division of Fish and Wildlife, DAC, or DEP which were acquired in whole or in part with monies from the "hunters' and anglers' license fund," from the New Jersey Waterfowl Stamp Account, or with federal aid for fish and wildlife purposes, shall not be closed to the taking of any species of freshwater fish or wildlife in accordance with the State Fish and Game Code by the action of any State agency or official without the approval of the Fish and Game Council. This section responds in part to an Appellate Division opinion issued November 24, 2004 in the case of Safari Club International v. New Jersey Department of Environmental Protection in which the court interpreted the current statutory law in support of affirming the notice recently issued by the Commissioner of Environmental Protection closing all lands owned, managed or controlled by the DEP to bear hunting.
