Bill Text: NJ A1256 | 2014-2015 | Regular Session | Introduced
Bill Title: Creates the "Meadowlands Responsible Development Program."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Tourism, Gaming and the Arts Committee [A1256 Detail]
Download: New_Jersey-2014-A1256-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
SYNOPSIS
Creates the "Meadowlands Responsible Development Program."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning responsible economic development in the New Jersey Meadowlands, and amending and supplementing P.L.1968, c.404.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Sections 1 through 13 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "Hackensack Meadowlands Responsible Development Act."
2. (New section) The Legislature finds and declares that:
The New Jersey Meadowlands Commission is the zoning and planning agency for a 30.4-square-mile area along the Hackensack River covering parts of 14 municipalities in Bergen and Hudson Counties in New Jersey. The New Jersey Meadowlands Commission was created in 1969 to develop, and redevelop, the Hackensack Meadowlands in an orderly and comprehensive fashion, with special consideration to the ecological factors constituting the environment of the Hackensack Meadowlands.
A vital component of the comprehensive plan for the development of the Hackensack Meadowlands was an intermunicipal tax-sharing program. The intermunicipal tax sharing program was established to create a fair and equitable method of distributing the benefits and costs of economic development and land use decisions made by the New Jersey Meadowlands Commission among the 14 municipalities located in the Meadowlands District.
During the past 43 years the New Jersey Meadowlands Commission has been successful in providing orderly and comprehensive development, solid waste management, and environmental protection in the Hackensack Meadowlands District, as well as providing for the investment of many millions of dollars in development, municipal services, and significant infrastructure projects, among other things.
It is fitting and proper, after 43 years of operation of the New Jersey Meadowlands Commission, to establish a new program to facilitate the future of the Hackensack Meadowlands District as a vibrant area of economic growth in the State of New Jersey, as well as a tourism destination and an area of continued environmental significance and improvement.
It is also appropriate and necessary to recognize the consistent impact on the Hackensack Meadowlands District of tourist-related activities and development, including sports and entertainment activities and construction at the New Jersey Sports and Exposition Authority properties located in the heart of the district.
3. (New section) As used in this act:
"Commission" means the New Jersey Meadowlands Commission.
"District" means the Hackensack Meadowlands District, the area within the jurisdiction of the New Jersey Meadowlands Commission delineated in section 4 of P.L.1968, c.404 (C.13:17-4).
"Hotel" means a building, or portion of it, which is regularly used and kept open as such for the lodging of guests and is subject to taxation pursuant to subsection (d) of section 3 of P.L.1966, c.30 (C.54:32B-3).
"Program" means the "Meadowlands Responsible Development Program" created in section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Public venue" means any place located within the district that is owned or leased by the New Jersey Sports and Exposition Authority, where any facilities for entertainment, amusement, or sports are provided; and
"Public event" means any spectator sporting event, trade show, exposition, concert, amusement, or other event open to the public that takes place at a public venue.
4. (New section) There is established the "Meadowlands Responsible Development Program" that shall be administered by the commission. The purposes of the program are to contribute to intermunicipal tax sharing; to provide funding for insfrastructure improvements in the areas of flood control, traffic and energy; to provide funds for the acquisition and preservation of open space as well as the creation of parks and recreation areas; and to promote tourism in the district; in an effort to responsibly mitigate the impacts of development on the 14 municipalities that comprise the district.
5. (New section) There is created a dedicated, nonlapsing fund, to be held and administered by the commission, designated the "Meadowlands Responsible Development Project Fund." The fund shall be the repository for all monies required to be deposited therein under sections 6 through 8 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any monies appropriated or otherwise made available to the fund.
6. (New section) The commission may, by resolution, impose a Meadowlands regional hotel use assessment on every hotel located in the district. The assessment permitted to be imposed under this section shall be 1% of revenues received from every occupancy of a room or rooms in a hotel, and shall be paid to the commission by each hotel located in the district not later than the 5th day of each month based on the occupancy of rooms in that hotel during the previous calendar month. Assessment revenues shall be deposited by the commission upon receipt thereof into the Meadowlands Responsible Development Project Fund and used by the commission for the purposes authorized in section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. (New section) The commission may, by resolution, impose a public event parking surcharge of $1.00 on fees for the parking, garaging, or storing of motor vehicles at, or for, public events held at public venues.
All public event parking surcharges imposed by a resolution adopted pursuant to this section shall be collected on behalf of the commission by the person providing parking services to customers attending public events.
Every person required to collect the surcharge imposed by resolution pursuant to this section shall be personally liable for the surcharge imposed, collected or required to be collected hereunder. Any such person shall have the same right in respect to collecting the surcharge from his customer or in respect to nonpayment of the surcharge by the customer as if the surcharge were a part of the service charge and payable at the same time; provided, however, that the chief fiscal officer of the commission shall be joined as a party in any action or proceeding brought to collect the surcharge.
No person required to collect any surcharge, hereunder shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the surcharge is not considered as an element in the charge payable by the customer, that he will pay the surcharge, that the surcharge will not be separately charged and stated to the customer or that the surcharge will be refunded to the customer.
All surcharges collected pursuant to this section shall be deposited into the Meadowlands Responsible Development Project Fund established by section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall be used for the purposes set forth in section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill).
8. (New section) a. The commission, by resolution, may impose a surcharge in the amount of 5% of each admission charge to a public event that is subject to the New Jersey sales tax pursuant to paragraph (1) of subsection (e) of section 3 of P.L.1966, c.30 (C.54:32B-3), and that is not otherwise exempt from that tax, collected by each public venue in the district for admission thereto, which surcharge shall be paid by the customer from whom the sales tax is due pursuant to section 3 of P.L.1966, c.30 (C.54:32B-3). A surcharge imposed under a resolution adopted pursuant to this section shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the admission charge. A surcharge imposed under a resolution adopted pursuant to this section shall be separately stated on any bill, receipt, invoice or similar document provided to the patron, but shall not be considered part of the sale price for purpose of determining tax pursuant to P.L.1966, c.30 (C.54:32B-1 et seq.).
b. A copy of a resolution adopted by the commission pursuant to this section shall be transmitted upon adoption to the State Treasurer, along with a list of the names and locations of public venues in the district. A resolution so adopted shall provide that the surcharge shall take effect on the first day of the first full month occurring 30 days after the date of transmittal of the resolution to the State Treasurer. Any resolution enacted pursuant to this section shall contain the following provisions:
(1) A vendor shall not assume or absorb the surcharge imposed by the ordinance;
(2) A vendor shall not in any manner advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the surcharge will be assumed or absorbed by the vendor, that the surcharge will not be separately charged and stated to the customer, or that the surcharge will be refunded to the customer;
(3) Each assumption or absorption by a vendor of the surcharge shall be deemed a separate offense and each representation or advertisement by a vendor for each day the representation or advertisement continues shall be deemed a separate offense; and
(4) Penalties as fixed in the resolution, for violation of the foregoing provisions.
c. (1) A surcharge imposed pursuant to a resolution adopted by the commission under the provisions of this section shall be collected on behalf of the commission by the person collecting the admission charge from the customer.
(2) Each person required to collect a surcharge imposed by the resolution shall be personally liable for the surcharge imposed, collected or required to be collected hereunder. Any such person shall have the same right in respect to collecting the surcharge from a customer as if the surcharge were a part of the admission charge and payable at the same time; provided, however, that the chief fiscal officer of the commission shall be joined as a party in any action or proceeding brought to collect the surcharge.
d. (1) A person required to collect a surcharge imposed pursuant to the provisions of this section shall, on or before the dates required pursuant to section 17 of P.L.1966, c.30 (C.54:32B-17), forward to the Director of the Division of Taxation in the Department of the Treasury the surcharge collected in the preceding month, and make and file a return for the preceding month with the director on any form and containing any information as the director shall prescribe as necessary to determine liability for the surcharge in the preceding month during which the person was required to collect the surcharge.
(2) The director may permit or require returns to be made covering other periods and upon any dates as the director may specify. In addition, the director may require payments of surcharge liability at any intervals and based upon any classifications as the director may designate. In prescribing any other periods to be covered by the return or intervals or classifications for payment of surcharge liability, the director may take into account the dollar volume of surcharge involved as well as the need for ensuring the prompt and orderly collection of the surcharge imposed.
(3) The director may require amended returns to be filed within 20 days after notice and to contain the information specified in the notice.
e. (1) The director shall collect and administer the surcharge; in so doing, the director shall have all the powers granted pursuant to P.L.1966, c.30 (C.54:32B-1 et seq.). A surcharge imposed pursuant to the provisions of this section shall be governed by the provisions of the "State Uniform Tax Procedure Law," R.S.54:48-1 et seq.
(2) The director shall determine and certify to the State Treasurer on a quarterly or more frequent basis, as prescribed by the State Treasurer, the amount of revenues collected in the district pursuant to this section.
(3) The State Treasurer, upon the certification of the director and upon the warrant of the State Comptroller, shall pay and distribute on a quarterly or more frequent basis, as prescribed by the State Treasurer, to the commission the amount of revenues determined and certified under this subsection.
(4) The revenue, if any, received by the commission shall be deposited into the Meadowlands Responsible Development Project Fund established by section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) and shall be used for the purposes set forth in section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill).
f. The director may, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), make, adopt, amend, or repeal such rules and regulations as the director finds necessary to carry out the provisions of this section.
9. (New section) All monies deposited in the fund shall be held and disbursed, subject to the requirements of subsection f. of this section, as follows:
a. The commission shall, as a first priority, disburse monies from the Meadowlands Responsible Development Project Fund on behalf of constituent municipalities that are required to pay into the intermunicipal tax-sharing account. In the event sufficient funds are unavailable to meet the aforementioned requirements, all constituent municipalities that are required to pay shall have their respective payments reduced equally in proportion to the funds that are available.
b. The commission may perform projects in the areas of flood control, traffic, renewable energy or other infrastructure improvement projects and utilize monies from the project fund for property acquisition, demolition, clearance, removal, relocation, renovation, alteration, construction, reconstruction, installation or repair of a structure or improvement, and the costs associated therewith including the costs of appraisal, economic and environmental analyses or engineering planning, design, architectural, surveying or other professional services.
c. The commission may expend funds towards the promotion of the Hackensack Meadowlands District as a tourism destination.
d. The commission may fund the acquisition of property for the purpose of open space preservation and the costs associated therewith including the costs of appraisal, economic and environmental analyses or engineering, surveying of other professional services.
e. The commission may fund the creation of parks and other recreational facilities and the costs associated therewith, including the costs of appraisal, economic and environmental analyses or engineering planning, design, architectural, surveying or other professional services.
f. Prior to the funding of any project set forth in subsections b. through e. of this section, the commission shall adopt a resolution indicating that the project is consistent with the purpose of the "Hackensack Meadowlands Responsible Development Act," P.L. , c. (C. ) (pending before the Legislature as this bill), and with criteria established by the commission and adopted by resolution pursuant to section 13 of P.L. , c. (C. ) (pending before the Legislature as this bill).
10. Section 6 of P.L.1968, c.404 (C.13:17-6) is amended to read as follows:
6. The commission shall have perpetual succession and shall have the following powers:
(a) To adopt and from time to time amend and repeal suitable by-laws for the management of its affairs;
(b) To adopt and use an official seal and alter the same at its pleasure;
(c) To maintain an office at such place or places within the State as it may designate;
(d) To sue and be sued in its own name;
(e) To issue bonds or notes of the commission and to provide for the rights of the holders thereof as provided in this act; provided, however, that prior to the issuance of any bonds or notes and prior to incurring any financial obligation in excess of $1,000,000, the commission shall employ a registered municipal accountant of New Jersey or a certified public accountant of New Jersey to inspect its accounts and certify to the State Treasurer that such bonds or such obligations may be issued or incurred by the commission without prejudice to any bonds or obligations of the commission outstanding, and that such bonds or obligations are, or may reasonably be expected to be, within the ability of the commission to meet.
(f) To enter upon any building or property in order to conduct investigations, examinations, surveys, soundings, or test borings necessary to carry out the purposes of this act, all in accordance with due process of law.
(g) To acquire in the name of the commission by purchase, lease as lessee, or otherwise, on such terms and conditions and in such manner as it may deem proper, or by the exercise of the power of eminent domain, any land or interest therein and other property, including land under water and riparian lands, land or highways held by any municipality or other governmental subdivision of the State, or any fee simple absolute in, easements upon, or the benefit of restrictions upon abutting property, that it may determine is reasonably necessary for the performance of any of its duties under this act; provided that the power of eminent domain shall not be exercised by the commission to acquire any property owned or used by a public utility, as defined in section 48:2-13 of the Revised Statutes, in furnishing any commodity or service which by law it is authorized to furnish;
(h) To receive and accept, from any Federal or other public agency or governmental entity, grants or loans for or in aid of the planning or construction of any project or improvement, or the acquisition of any property, and to receive and accept aid or contributions from any other source, of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants, loans and contributions may be made, and to enter into co-operative agreements with the Federal Government or any other public or governmental agency for the performance of such acts as may be necessary and proper for the reclamation of the meadowlands and to comply with other requirements for such participation;
(i) To prepare, adopt and implement a master plan for the physical development of all lands, or a portion thereof, lying within the district; and to adopt and enforce codes and standards for the effectuation of such plan;
(j) By contract or contracts with a redeveloper or by its own employees to undertake any development or other project or improvement as it finds necessary to reclaim, develop, redevelop and improve the land within the district;
(k) To establish engineering standards for land reclamation, including the type of fill, drainage and grading, and to promulgate a building code specifying the maximum weight, size and density of all buildings and structures to be placed on any land within its jurisdiction according to the method of reclamation employed and the load-bearing quality of the reclaimed land;
(l) To recover by special assessments the cost of improvements from the increase of property values attributable to such improvements;
(m) Generally to fix and revise from time to time and to charge and collect rates, fees and other charges for the use of any facilities operated and maintained by the commission;
(n) To make such legal arrangements for the use of the property of the school fund so as to increase the capital of such fund as may be necessary or desirable;
(o) To enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the commission or to carry out any power expressly given in this act;
(p) To conduct examinations and investigations, hear testimony and take proof under oath at public or private hearings, of any material matter, require attendance of witnesses and the production of books and papers and issue commissions for the examination of witnesses who are out of State, unable to attend, or excused from attendance;
(q) To publish and disseminate information and to make known to potential users, by advertisement, solicitation or other means, the availability for development of lands in the district;
(r) To review and regulate plans for any subdivision or development within the district;
(s) To subordinate, waive, sell, assign, or release any right, title, claim, lien, or demand however acquired, including any equity or right or redemption; to foreclose, sell, or assign any mortgage held by it, or any interest in real or personal property; and to purchase at any sale upon such terms and at such prices as it determines to be reasonable and to take title to property, real, personal, or mixed, so acquired, and to sell, exchange, assign, convey, lease, mortgage, or otherwise dispose of any such property, subject to such conditions and restrictions as it deems necessary to carry out the purposes of this act;
(t) To cause to be prepared plans, specifications, designs and estimates of costs for the construction of projects and improvements under the provisions of this act, and from time to time to modify such plans, specifications, designs or estimates;
(u) To determine the existence of renewal areas, and to undertake redevelopment projects therein;
(v) To exercise all authorized powers of the commission which shall be deemed to be for a public purpose and to acquire any property which shall be deemed for public use, which use shall be deemed superior to the public use of any municipality, county, school district, or other local or regional district, authority or agency;
(w) To provide solid waste disposal facilities for the treatment and disposal of solid waste, as hereinafter provided.
(x) To impose the assessment authorized in section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the surcharges set forth in sections 7 and 8 of P.L. , c. (C. ) (pending before the Legislature as this bill) to fund the purposes set forth in section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1968, c.404, s.6)
11. Section 65 of P.L.1968, c.404 (C.13:17-67) is amended to read as follows:
65. (a) As used in this section, except as otherwise specifically provided:
(1) The increase or decrease in aggregate true value of taxable real property for any adjustment year shall be the difference between:
(i) The aggregate true value of that portion of taxable real property, exclusive of Class II railroad property, in the municipality located within the district in the comparison year, and
(ii) The aggregate true value of said property in the base year.
(2) Aggregate true value of all taxable real property shall be determined by aggregating the assessed value of all real property within the district boundaries in each constituent municipality, and dividing said total by the average assessment ratio as promulgated by the Director of the Division of Taxation in the Department of the Treasury for State school aid purposes on October 1 of the respective years for which aggregate true value is to be determined, pursuant to P.L.1954, c.86 (C.54:1.35.1 et seq.), as amended, as the same may have been modified by the tax court.
(3) For the purpose of calculating aggregate true value, the assessed value of taxable real property for any given year shall comprise:
(i) The assessed value shown on the assessment duplicate for such year, as certified by the county board of taxation and reflected in the county table of aggregates prepared pursuant to R.S. 54:4-52, as the same may be modified by the county board of taxation upon appeal, plus
(ii) The prorated assessed values pertaining to such year, as certified by the county board of taxation on or before October 10, with respect to the assessor's added assessment list for such year, as the same may be modified by the county board of taxation upon appeal, plus
(iii) The assessed values pertaining to such year, as certified by the county board of taxation on or about October 10, with respect to the assessor's omitted property assessment list for such year, as the same may be modified by the county board of taxation upon appeal.
(b) The amount payable to the intermunicipal account by each constituent municipality in any adjustment year shall be determined in the following manner: the apportionment rates calculated for the comparison year shall be multiplied by the increase, if any, in aggregate true value of taxable real property for such year; provided, however, that the amount payable to the intermunicipal account shall be limited to 10% of the amount so calculated in the adjustment year 1973 and shall increase 4 percentage points a year until 50% of the amount so calculated is paid into the intermunicipal account in the adjustment year 1983 through adjustment year 1988. Beginning in adjustment year 1989 the amount payable into the intermunicipal account shall be reduced by 2 percentage points a year until 40% of the amount calculated pursuant to this subsection is paid into the intermunicipal account in the adjustment year 1993 and thereafter. The amount payable to the intermunicipal account by each constituent municipality that receives a payment in lieu of real estate taxes located within the district shall be determined without a deduction for county taxes.
(c) If, during any comparison year, a constituent municipality has received a payment in lieu of real estate taxes on property located within the district, then, for the purpose of calculating the increase or decrease in the municipality's aggregate true value under subsection (a)(1) of this section, there shall be added to the aggregate true value otherwise determined for such comparison year an amount determined by dividing the amount of said in lieu payment by the municipal tax rate for the comparison year and dividing the result by the average assessment ratio for school aid purposes as promulgated by the Director of the Division of Taxation, as same may have been modified by the tax court.
(cf: P.L.1989, c.26, s.3)
12. Section 2 of P.L1999, c.178 (C.13:17-74.1) is repealed.
13. (New section) Not later than the first day of the third month next following the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill) and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the commission shall adopt any rules and regulations necessary to effectuate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill), and shall also adopt, by resolution, standards for the disbursement of funds from the Meadowlands Responsible Development Project Fund for projects and uses set forth in section 9 of P.L. , c. (C. ) (pending before the Legislature as this bill).
14. This act shall take effect immediately.
STATEMENT
This bill, designated the "Hackensack Meadowlands Responsible Development Act," would establish a new program to facilitate the future of the Hackensack Meadowlands District as a vibrant area of economic growth in the State of New Jersey, as well as a tourism destination and an area of continued environmental significance and improvement, while recognizing the consistent impact on the Hackensack Meadowlands District of tourist-related activities and development, including sports and entertainment activities and construction at the New Jersey Sports and Exposition Authority properties located in the heart of the district.
The bill would establish the "Meadowlands Responsible Development Program." The purposes of the program are to contribute to intermunicipal tax sharing; to provide funding for insfrastructure improvements in the areas of flood control, traffic and energy; to provide funds for the acquisition and preservation of open space as well as the creation of parks and recreation areas; and to promote tourism in the district, in an effort to responsibly mitigate the impacts of development on the 14 municipalities that comprise the Hackensack Meadowlands.
The purposes of the "Meadowlands Responsible Development Program" would be funded through revenue received from three sources: a meadowlands regional hotel use assessment on every hotel located in the district in the amount of 1% of revenues received from every hotel room occupancy; a public event parking surcharge of $1.00 on fees for the parking, garaging, or storing of motor vehicles at, or for, public events held at public venues owned or leased by the New Jersey Sports and Exposition Authority; and a surcharge in the amount of 5% of each admission charge to a public event within the district at a public venue that is owned or leased by the New Jersey Sports and Exposition Authority, where any facilities for entertainment, amusement, or sports are provided.
The monies collected from these three revenue sources are to be deposited into a "Meadowlands Responsible Development Project Fund" created by the bill and disbursed by the New Jersey Meadowlands Commission for several purposes. The first priority for the use of these funds is the disbursal of monies on behalf of constituent municipalities that are required to pay into the intermunicipal tax-sharing account. In the event sufficient funds are unavailable to meet this requirement, the bill provides that all constituent municipalities that are required to pay into the intermunicipal tax sharing account shall have their respective payments reduced equally in proportion to the funds that are available.
After meeting this first priority, the bill authorizes the commission to use the monies in the fund within the district to perform projects in the areas of: flood control, traffic, renewable energy, or other infrastructure improvement projects; the promotion of the Hackensack Meadowlands District as a tourism destination; the acquisition of property for the purpose of open space preservation; and the creation of parks and other recreational facilities.
