Bill Text: NJ A2642 | 2016-2017 | Regular Session | Introduced
Bill Title: Creates New Jersey Coastal Commission; reallocates certain funds from DEP to commission; and appropriates $20 million.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-02-08 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A2642 Detail]
Download: New_Jersey-2016-A2642-Introduced.html
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
SYNOPSIS
Creates New Jersey Coastal Commission; reallocates certain funds from DEP to commission; and appropriates $20 million.
CURRENT VERSION OF TEXT
As introduced.
An Act providing for the restoration and protection of the shore area, creating the New Jersey Coastal Commission, supplementing, amending, and repealing various parts of the statutory law, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known, and may be cited as, the "New Jersey Coastal Commission Act."
2. (New section) The Legislature finds and declares that:
a. The beaches, dunes, riverfronts, bayfronts and inlets along New Jersey's coastline and the surrounding region are sources of beauty and recreation for hundreds of thousands of residents and visitors each year, a priceless environmental resource, and a vital component of the State's economy;
b. New Jersey's dense population and expanding development, as well as a variety of natural events and phenomena, challenge and threaten the continued environmental integrity of the shore region and the coastal waters, and the economy of the coastal area is dependent upon the quality of the coastal environment;
c. A post-tropical storm commonly referred to as "Hurricane Sandy" swept through the Caribbean and up the East Coast of the United States in late October 2012, making landfall in the United States on October 29th, 2012, striking near Atlantic City, with winds of 80 miles per hour;
d. Hurricane Sandy caused a tragic loss of life, destroyed entire communities in parts of New Jersey, and inflicted incalculable harm to the economy of this State, as demonstrated by the 346,000 homes that were damaged or destroyed, the 116,000 people who were evacuated or displaced from their homes, the hundreds of buildings, vehicles, roads, and bridges that were washed away, and the nearly 1,400 vessels that were either sunken or abandoned in the State's waterways during the storm;
e. The damage caused by Hurricane Sandy left much of the State particularly vulnerable in its aftermath and the devastation was only exacerbated by another severe weather event that occurred days later;
f. New Jersey's shore area is a vital component of the economy, welfare, and cultural landscape of the State and the existing land use and environmental regulatory system cannot adequately protect the region;
g. The restoration, protection, and enhancement of the State's coastal environment are matters of highest priority and can be accomplished best through comprehensive regional planning, regulation, and coordination among all levels of government, and the most effective and appropriate instrument to carry out these functions is a regional commission with a mandate to preserve, protect, and restore that portion of the coastal area located within the counties of Atlantic, Cape May, Middlesex, Monmouth, and Ocean; and
h. To best ensure the public health, safety, and welfare while also accomplishing the desired objective of restoring, enhancing, and preserving ecosystems in much of the coastal area for the public benefit, it is in the public interest to establish a New Jersey Coastal Commission and establish a regional approach to land use planning and environmental regulation in the coastal area located in the counties of Atlantic, Cape May, Middlesex, Monmouth, and Ocean.
3. (New section) As used in this act:
"Application for development" means the application form and all accompanying documents required for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance, or direction of the issuance of a permit pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) or R.S.40:27-1 et seq., for any use, development, or construction.
"Capital improvement" means any facility for the provision of public services with a life expectancy of three or more years, owned and operated by or on behalf of the State or a political subdivision thereof.
"Coastal commission area" means that area designated pursuant to section 4 of P.L.1973, c.185 (C.13:19-4) located within the counties of Atlantic, Cape May, Middlesex, Monmouth, and Ocean.
"Coastal environmental land use permit" means a permit, approval, or other authorization for an activity, development, or project located in the coastal commission area issued pursuant to R.S.12:5-1 et seq., "The Wetlands Act of 1970," P.L.1970, c.272 (C.13:9A-1 et seq.), the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.), the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.), or the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.).
"Coastal management plan" means the "New Jersey Coastal Management Plan" developed and adopted pursuant to section 8 this act.
"Commission" means the New Jersey Coastal Commission created pursuant to section 4 of this act.
"Development" means the same as that term is defined in section 3.1 of P.L.1975, c.291 (C.40:55D-4).
"Development regulation" means the same as that term is defined in section 3.1 of P.L.1975, c.291 (C.40:55D-4).
"Ecosystem-based management" means an approach to management that integrates biological, social, and economic factors into a comprehensive strategy aimed at protecting, restoring, and enhancing the sustainability, diversity, and productivity of ecosystems.
"Hurricane Sandy" means the post-tropical storm commonly referred to as "Hurricane Sandy" that swept through the Caribbean and up the East Coast of the United States in late October 2012, making landfall in the United States on October 29th, 2012.
"Local government unit" means a municipality, county, or other political subdivision of the State, or any agency, board, commission, utilities authority or other authority, or other entity thereof authorized to undertake a project in the coastal commission area.
"Regional advisory council" or "council" means any council created to advise and assist the commission pursuant to section 12 of this act.
"State Development and Redevelopment Plan" means the State Development and Redevelopment Plan adopted pursuant to P.L.1985, c.398 (C.52:18A-196 et al.).
"State entity" means any State department, agency, board, commission, or other entity, district water supply commission, independent State authority or commission, or bi-state entity.
4. (New section) There is hereby established a public body corporate and politic, with corporate succession, to be known as the "New Jersey Coastal Commission." The commission shall constitute a political subdivision of the State established as an instrumentality exercising public and essential governmental functions, and the exercise by the commission of the powers and duties conferred by this act shall be deemed and held to be an essential governmental function of the State. For the purpose of complying with the provisions of Article V, Section IV, paragraph 1 of the New Jersey Constitution, the commission is hereby allocated within the Department of Environmental Protection, but, notwithstanding that allocation, the commission shall be independent of any supervision or control by the department or by the commissioner or any officer or employee thereof.
5. (New section) a. The commission shall consist of 19 voting members to be appointed and qualified as follows:
(1) Ten residents of the counties of Atlantic, Cape May, Middlesex, Monmouth, and Ocean, of whom two from each county would be appointed by the Governor upon the recommendation of the respective county governing body within 30 days after the date of enactment of this act, provided however that (a) no more than five shall be of the same political party, and (b) five shall be municipal officials residing in the coastal commission area and holding elective office at the time of appointment and five shall be county officials holding elective office at the time of appointment; and
(2) Nine residents of the State, of whom three shall be appointed by the Governor with the advice and consent of the Senate, three shall be appointed by the Governor upon the recommendation of the President of the Senate, and three shall be appointed by the Governor upon the recommendation of the Speaker of the General Assembly. The members appointed pursuant to this paragraph shall have, to the maximum extent practicable, demonstrated expertise and interest in coastal issues and be actively connected with, or have experience in: natural resources protection, environmental protection, water quality protection, agriculture, forestry, land use, or economic development. The Governor shall appoint the members to the commission within 30 days after the date of enactment of this act.
The commissioner shall request the United States Army Corps of Engineers, the United States Environmental Protection Agency, the United States Coast Guard, and the National Oceanic and Atmospheric Administration to each appoint a representative to serve as an advisor to the commission.
The elected chairpersons of the regional advisory councils shall serve in an advisory capacity on the commission.
b. (1) Commission members shall serve for terms of five years; provided, however, that of the members first appointed, six shall serve a term of three years, six shall serve a term of four years, and seven shall serve a term of five years. The initial terms of the three commission members appointed by the Governor upon the recommendation, respectively, of the President of the Senate and the Speaker of the General Assembly shall be among those commission members assigned initial terms of five years pursuant to this paragraph.
(2) Each member shall serve for the term of the appointment and until a successor shall have been appointed and qualified. Any vacancy shall be filled in the same manner as the original appointment for the unexpired term only.
c. Any member of the commission may be removed by the Governor, for cause, after a public hearing.
d. Each member of the commission, before entering upon the member's duties, shall take and subscribe an oath to perform the duties of the office faithfully, impartially, and justly to the best of the member's ability, in addition to any oath that may be required by R.S.41:1-1 et seq. A record of the oath shall be filed in the Office of the Secretary of State.
e. The members of the commission shall serve without compensation, but the commission may, within the limits of funds appropriated or otherwise made available for such purposes, reimburse its members for necessary expenses incurred in the discharge of their official duties.
f. The powers of the commission shall be vested in the members thereof in office. A majority of the members of the commission constitutes a quorum for the conducting of official commission business. A vacancy on the commission does not impair the right of a quorum of the members to exercise the powers and perform the duties of the commission.
g. The Governor shall designate one of the members of the commission as chairperson. The commission shall appoint an executive director, who shall be the chief administrative officer thereof. The executive director shall serve at the pleasure of the commission, and shall be a person qualified by training and experience to perform the duties of the office.
h. The members and staff of the commission shall be subject to the "New Jersey Conflicts of Interest Law," P.L.1971, c.182 (C.52:13D-12 et seq.).
i. The commission shall be subject to the provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.).
j. A true copy of the minutes of every meeting of the commission shall be prepared and forthwith delivered to the Governor. No action taken at a meeting by the commission shall have force or effect until 10 days, exclusive of Saturdays, Sundays, and public holidays, after a copy of the minutes shall have been so delivered; provided, however, that no action taken with respect to the adoption of the coastal management plan, or any portion or revision thereof, shall have force or effect until 30 days, exclusive of Saturdays, Sundays, and public holidays, after a copy of the minutes shall have been so delivered. If, in the 10-day period, or 30-day period, as the case may be, the Governor returns the copy of the minutes with a veto of any action taken by the commission at the meeting, the action shall be null and void and of no force and effect.
k. The commission shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants selected by the State Treasurer. The cost thereof shall be considered as an expense of the commission and a copy thereof shall be filed with the Governor, State Treasurer, the President of the Senate, the Speaker of the General Assembly, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The State Auditor, or a legally authorized representative, may examine the accounts and books of the commission.
l. The first meeting of the commission shall take place as soon as practicable following the appointment and qualification of a majority of the commission members. The commission shall meet pursuant to a schedule to be established at its first meeting and at the call of the chairperson, but in no instance shall the commission meet less than twice a month.
6. (New section) a. The commission shall have jurisdiction within the coastal commission area for:
(1) all planning activities and all approvals related to applications for development;
(2) all activities related to land use permitting and approvals;
(3) all beach erosion and shore protection projects undertaken or proposed to be undertaken; and
(4) the oversight of disbursement and use of any federal monies received from the Federal Emergency Management Agency or any other source related to reconstruction from the effects of Hurricane Sandy.
b. The commission shall exercise its power to achieve the following purposes:
(1) Protect, preserve, and restore the environmental quality and natural resources of the New Jersey's coastal commission area, and, consistent with the protection and preservation thereof, maintain the long-term economic viability of the coastal commission area, and ensure public access to, and use or enjoyment of, the natural, scenic, recreation, and historic resources in the coastal commission area;
(2) Provide a comprehensive approach to protecting the environment by managing growth in the coastal commission area, noting regional differences and acting in close cooperation with local government units;
(3) Protect the ocean's renewable resources by acting to improve the quality of near coastal and estuary waters and coastal habitats;
(4) Preserve and promote the natural, scenic, recreation, and historic aspects of the coastal commission area; and
(5) Ensure that regulations governing the coastal commission area are understandable and provide for the widest public participation in the commission's decision making processes.
7. (New section) The commission shall have the following powers, duties, and responsibilities, in addition to those prescribed elsewhere in this act:
a. To adopt and from time to time amend and repeal suitable bylaws for the management of its affairs;
b. To adopt and use an official seal and alter it at the commission's pleasure;
c. To maintain an office at such place or places in the coastal commission area as it may designate;
d. To sue and be sued in its own name;
e. To appoint, retain and employ, without regard to the provisions of Title 11A of the New Jersey Statutes but within the limits of funds appropriated or otherwise made available for those purposes, such officers, employees, attorneys, agents, and experts as it may require, and to determine the qualifications, terms of office, duties, services, and compensation therefor;
f. To apply for, receive, and accept, from any federal, State, or other public or private source, grants or loans for, or in aid of, the commission's authorized purposes or in the carrying out of the commission's powers, duties, and responsibilities;
g. 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, duty, or responsibility expressly given in this act;
h. To call to its assistance and avail itself of the services of such employees of any State entity or local government unit as may be required and made available for such purposes;
i. To adopt a coastal management plan for the coastal commission area as provided pursuant to section 8 of this act;
j. To appoint advisory boards, councils, or panels to assist in its activities, including but not limited to a municipal advisory council consisting of mayors, municipal council members, or other representatives of municipalities located in the coastal commission area;
k. To solicit and consider public input and comment on the commission's activities, the coastal management plan, and other issues and matters of importance in the coastal commission area by periodically holding public hearings or conferences and providing other opportunities for such input and comment by interested parties;
l. To conduct examinations and investigations, to hear testimony, taken under oath at public or private hearings, on any material matter, and to require attendance of witnesses and the production of books and papers;
m. To prepare and transmit to the Commissioner of Environmental Protection and the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), such recommendations for additional or more stringent water quality standards for surface and ground waters in the coastal commission area, or in tributaries and watersheds within or outside the coastal commission area and for other environmental protection standards pertaining to the lands and natural resources of the coastal commission area, as the commission deems appropriate;
n. To identify and designate in the coastal management plan special areas within which development shall not occur in order to protect water resources and environmentally sensitive lands while recognizing the need to provide just compensation to the owners of those lands when appropriate, whether through acquisition, transfer of development rights programs, or other means or strategies;
o. To identify any lands in which the public acquisition of a fee simple or lesser interest therein is necessary or desirable in order to ensure the preservation thereof, or to provide sites for public recreation, and to transmit a list of those lands to the Commissioner of Environmental Protection, the State Agriculture Development Committee, affected local government units, and appropriate federal agencies;
p. To develop model land use ordinances and other development regulations, for consideration and adoption by municipalities in the coastal commission area, that would help protect the environment and to provide guidance and technical assistance in connection therewith to those municipalities;
q. To comment upon any application for development before a local government unit, on the adoption of any master plan, development regulation, or other regulation by a local government unit, or on the enforcement by a local government unit of any development regulation or other regulation, which power shall be in addition to any other review, oversight, or intervention powers of the commission prescribed by this act;
r. To work with interested municipalities to enter into agreements to establish, where appropriate, capacity-based development densities, including, but not limited to, appropriate higher densities to support transit villages or in centers designated by the State Development and Redevelopment Plan and endorsed by the State Planning Commission;
s. To establish and implement a road signage program in cooperation with the Department of Transportation and local government units to identify significant natural and historic resources and landmarks in the coastal commission area;
t. To promote, in conjunction with the Department of Environmental Protection and the Department of Agriculture, conservation of water resources;
u. To promote brownfield remediation and redevelopment in the coastal commission area;
v. To prepare, adopt, amend, or repeal, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary in order for the commission to exercise its powers and perform its duties and responsibilities under the provisions of this act, including the establishment of reasonable fees for services performed relating to the review of applications for development and other applications filed with or otherwise brought before the commission, or for other services, as may be required by this act or the coastal management plan adopted pursuant to this act;
w. To submit an annual report, by March 1st of each year, to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), summarizing the commission's activities for the previous calendar year and providing recommendations for legislative actions that the commission deems appropriate and necessary to assist the commission in fulfilling the requirements of this act, including the financial resources needed to achieve the purposes of this act;
x. To receive complaints of pollution or other activities that may lead to the environmental degradation of the land or waters of the coastal commission area or the circumvention of the coastal management plan and conduct investigations to promote and protect the environmental quality of the land and water areas within the coastal commission area;
y. To issue periodic status reports on the quality of ocean and other waters within the coastal commission area;
z. To audit the actions of local government units as those actions relate to conformance with the coastal management plan;
aa. To consider any matter relating to the protection, maintenance, and restoration of coastal and ocean resources, including: the coordination and development of a research agenda on ecosystem-based management; studying and investigating coastal and habitat protection; and submitting, from time to time, to the Commissioner of Environmental Protection recommendations which the commission deems necessary to protect, maintain, and restore coastal and ocean resources;
bb. To review and approve, reject, or modify any State project planned within the coastal commission area for conformance with the coastal management plan, and submit its decision to the Governor and the commissioner of the department or head of the State entity or authority proposing the project; and
cc. To coordinate with the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety, the United States Army Corps of Engineers, and the Federal Emergency Management Agency to conduct and review any assessment of the damage, and any associated recovery efforts, caused by Hurricane Sandy or any other major storm event that impacts the coastal commission area.
8. (New section) a. Within nine months after its first meeting, and at least every five years thereafter, the commission shall prepare and adopt, or review, revise and readopt, a New Jersey Coastal Management Plan. Prior to the adoption or readoption of the coastal management plan the commission shall hold a public hearing in each county in the coastal commission area. Within one week after the adoption or readoption of the coastal management plan, the commission shall send a copy of the plan to each municipality and county in the coastal commission area and shall make a copy of the plan available on the commission's website.
b. The development of the coastal management plan shall be closely coordinated with the provisions of the "State Development and Redevelopment Plan" and the comprehensive management plan for the pinelands adopted pursuant to the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.). Nothing in the coastal management plan may, however, be construed to affect the provisions or requirements under the comprehensive management plan for the pinelands. In developing the coastal management plan, the commission shall consider input from federal, State, county, and municipal entities, and other regional bodies, with respect to their land use, environmental, capital, and economic development plans.
c. The commission shall adopt procedures to provide for the maximum feasible participation by the regional advisory councils, local government units, and the public in the preparation of the coastal management plan and in the periodic review and revision of the plan for purposes of readoption.
9. (New section) The coastal management plan shall include, but need not be limited to:
a. A comprehensive statement of policies for protecting coastal resources and managing development in the coastal commission area, based upon a resource assessment made pursuant to subsection b. of this section, which policies shall:
(1) preserve, restore and protect the natural resources and environmental qualities of the coastal commission area, including, but not limited to, coastal and estuary waters, agricultural areas, fresh and saltwater wetlands, flood plains, stream corridors, aquifer recharge areas, sand dunes, areas of unique flora and fauna and other ecological systems, and areas of scenic, historic and recreational value;
(2) provide for the development of, and use of land and water resources in, the coastal commission area in a manner consistent with:
(a) the preservation and protection of the natural resources and environmental qualities thereof based on ecological considerations;
(b) the protection of the coastal commission area from individual and cumulative adverse impacts of development on natural resources and the environment; and
(c) the protection of human life and property from natural hazards, including rising sea levels, severe weather events, and erosion;
(3) channel patterns of compatible residential, commercial and industrial development in or adjacent to areas already utilized for such purposes or in areas where the necessary infrastructure exists or can be provided efficiently and economically; and
(4) provide for the protection, maintenance, and restoration of healthy coastal and ocean ecosystems, and incorporate ecosystem-based management approaches.
b. A resource assessment:
(1) that determines the amount and type of development and other human activities that can be sustained by the ecosystems of the coastal commission area while maintaining and enhancing the viability and natural productivity of the ecosystems, with special reference to the ecological vitality of wetlands, natural hazards, endangered or unusual species or habitat, and the cumulative adverse impacts of development on air and water quality; and
(2) of natural, scenic, public open space and outdoor recreation resources of the area, together with a determination of the land use and other public policies required to maintain or restore such resources;
c. A land use capability component for designating areas for growth, limited growth, agriculture, open space, natural resource conservation, recreation, habitat protection, water related or dependent use, and other appropriate designations that the commission may deem necessary. In making these designations the commission shall seek to provide for development and redevelopment only in locations where highway and transit capacity, sewerage, water supply, and other physical infrastructure facilities and public services are available or can be provided efficiently and economically and where the development or redevelopment will not conflict with the preservation and protection objectives of the coastal management plan;
d. Consideration, evaluation, recommendation, and implementation of mechanisms by which the policies and purposes of the coastal management plan may be carried out, including land and water protection and management techniques, utilizing State, regional and local police, regulatory and other powers;
e. A reference guide of technical planning standards and guidelines used in the preparation of the coastal management plan;
f. Regional planning standards and guidelines in the following areas: housing, transportation, land and water-based recreation, urban and suburban redevelopment, historic preservation, public facilities and services, and intergovernmental coordination;
g A public access and use component, including, but not limited to, a detailed program to assure public access to, and use of, the beaches and shoreline of the coastal commission area, and to inform the public of the availability of these and other public recreational opportunities, and of appropriate uses of the land and water within the coastal commission area;
h. A five-year coastal commission area capital improvement program, coinciding with the term of each coastal management plan, to encompass projects to be undertaken or assisted by the commission for purposes of implementing the policies and goals of the coastal management plan. The capital improvement program shall set forth the project ranking criteria used by the commission and contain a project priorities list, which shall provide a description of each project, its purpose and relation to the policies and goals of the coastal management plan, its impacts, costs and proposed construction schedules, and commission funding to be available therefor; and
i. A financial component, together with a cash flow timetable, which details:
(1) the cost of implementing the coastal management plan, including, but not limited to, payments in lieu-of-taxes, acquisition of fee simple or of other interests in lands for preservation or recreation purposes, grants, loans, loan guarantees, project costs, general administrative costs, and any anticipated, extraordinary or continuing costs; and
(2) the sources of revenue for covering such costs, including, but not limited to, appropriations, bond revenues, fees, grants, donations, and loans from local, State, and federal entities, and from the private sector.
10. (New section) a. In preparing the coastal management plan the commission shall:
(1) Prepare an infrastructure needs assessment, which shall describe present and prospective conditions, needs, and costs of State, county, and municipal capital facilities, including water, sewerage, solid waste, transportation, drainage, flood protection, shore protection, and related capital facilities;
(2) Prepare a research needs assessment detailing information deemed necessary or useful to the commission in preparing and implementing the coastal management plan and carrying out its functions under this act;
(3) Develop a natural resources inventory, which shall be regularly maintained and updated, through data collection and field work, a computerized data base of lists of rare and endangered species, natural communities ranked according to rarity, land areas of unique or ecological significance, and other items designated by the commission; and
(4) Solicit input from local officials in the coastal commission area, the public, and relevant State and federal entities.
b. The commission shall conduct, or cooperate in the conduct of, research projects relating to the health and environmental effects of water quality on humans, fish, and shellfish.
11. (New section) a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, every State, regional, county and municipal government entity shall comply with the coastal management plan.
The commission shall require State, county, and municipal government implementation of the coastal management plan in a manner that will ensure the consistent and uniform protection of the coastal commission area. The commission shall establish, consistent with the coastal management plan, minimum standards for the adoption or revision of, as applicable, municipal or county master plans, development regulations, and capital improvement programs in the coastal commission area.
b. The commission shall make a finding in the case of each county and municipality in the coastal commission area as to that county's or municipality's conformance with the coastal management plan. A county or municipality shall be in conformance with the coastal management plan when, as applicable, the county or municipal master plan, development regulations, and capital improvement program, as appropriate, in the coastal commission area are deemed by the commission to be in conformance with the coastal management plan and where the actions of the county or municipality, as they relate to provisions of the coastal management plan, are not inconsistent with the coastal management plan.
c. (1) Within six months after the adoption or readoption of the coastal management plan, each county and municipality shall submit to the commission its master plan, development regulations, and capital improvement program. The commission shall review and make a determination as to whether the plan, regulations, and program conform to the coastal management plan. If the plans and ordinances are in conformity therewith, the commission shall certify their conformance.
Upon a finding that the plan, regulations, or program are not in conformance, the commission shall, in writing, set forth the reasons for the finding of nonconformity and the action the county or municipality must take in order to conform to the coastal management plan. A county or municipality that has been found not to be in conformance with the coastal management plan may resubmit its plan, regulations, or program, as the case may be, to the commission for further review.
The commission shall review and approve or disapprove a county's or municipality's master plan, development regulations, and capital improvement program within 30 days after receipt thereof.
(2) A county or municipality shall be deemed to be not in conformance with the coastal management plan for purposes of subsection e. of this section, if:
(a) it fails to submit, as appropriate, its master plan, development regulations, or capital improvement program for the coastal commission area within six months after the commission's adoption or readoption of the coastal management plan; or
(b) the commission rejects the master plan, development regulations, or capital improvement program submitted following adoption or readoption of the coastal management plan.
d. The commission shall audit, periodically and at least twice each calendar year, the actions of counties and municipalities as those actions relate to conformance with the coastal management plan. Based upon the results of this audit, the commission shall make a determination as to whether that county or municipality is or is not in conformance with the coastal management plan. Upon a finding of nonconformance, the commission shall send the county or municipality, in writing, its reasons for finding nonconformity, a copy of the audit report, and recommendations for action to be taken by that county or municipality to be in conformity. A county or municipality that has been found not to be in conformance with the coastal management plan pursuant to this subsection may, at a later date, petition the commission to reconsider the finding of nonconformity.
(1) A county or municipality is not in conformance with the coastal management plan pursuant to this subsection if:
(a) approvals or conditions of approvals for development activities constituting 5% or greater, on an annual basis, of the approvals for dwelling units, or square feet of nonresidential activities, are substantially in conflict with, or impede the implementation of, the coastal management plan; or
(b) activities required by the coastal management plan for which standards are contained in the coastal management plan are not undertaken or are funded at levels less than 90%, on an annual basis, of the funding required by standards established by the commission.
(2) The commission may find a county or municipality not to be in conformance with the coastal management plan if, upon petition or its own review, it finds, by resolution, that:
(a) any single approval for development activity or pattern of approvals, whether or not the approvals constitute, on an annual basis, 5% of the approvals for residential or nonresidential development, is substantially in conflict with, or impedes the implementation of the coastal management plan; or
(b) the county or municipality has failed to implement any activity required by the coastal management plan, whether or not the activity is funded at a level greater than 90%, on an annual basis, of the funding required by standards established by the commission.
e. Upon a finding by the commission that a county or a municipality is not in conformance with the coastal management plan, the commission shall:
(1) withhold all grants, loans or loan guarantees to that county or municipality, except upon a finding of substantial, regional benefit;
(2) notify the Governor and both houses of the Legislature and recommend that all discretionary funding relating to the policies, standards, and guidelines included in the coastal management plan for that county or municipality be withheld until that entity conforms to the coastal management plan; and
(3) if it is found that, in the case of a municipality, the approval or conditions of approval for 10% or more of the dwelling units or of the nonresidential square footage approved in any year is not in conformance with the coastal management plan, require permit review and approval by the commission, notwithstanding any provision to the contrary in P.L.1973, c.185 (C.13:19-1 et seq.),
(a) for the area of that municipality between the mean high water line of any tidal waters and the nearest parallel public street or road, or 1,000 feet, whichever is greater, of any application for development for the construction, alteration, enlargement, relocation, or reconstruction of any structure, or for a subdivision or resubdivision of land into two or more lots, tracts or parcels for sale or development, within that area of the municipality;
(b) for the area of that municipality within the coastal commission area but outside the area designated in subparagraph (a) of this paragraph, of any application for development for the construction, alteration, enlargement, relocation, or reconstruction of three or more dwelling units or a commercial development requiring a total of 10 or more parking spaces, or a subdivision or resubdivision of land into three or more lots, tracts, or parcels for sale or development, within that area of the municipality.
f. Upon a finding set forth in a resolution of the commission that a municipality is not in conformance with the coastal management plan by reason of a pattern of decisions the cumulative effect of which would be to adversely impact on the natural resources or environment of the coastal commission area, the commission, notwithstanding any provision to the contrary in P.L.1973, c.185 (C.13:19-1 et seq.), may:
(1) if the pattern of decisions resulting in the adverse impact is within the area between the mean high water line of any tidal waters and the nearest parallel public street or road, or 1,000 feet, whichever is greater, require permit review and approval by the commission of any application for development for the construction, alteration, enlargement, relocation, or reconstruction of any structure, or for a subdivision or resubdivision of land into two or more lots, tracts or parcels for sale or development, within that area of the municipality;
(2) if the pattern of decisions resulting in the adverse impact is within the coastal commission area but outside the area designated in paragraph (1) of this subsection, require permit review and approval by the commission of any application for development for the construction, alteration, enlargement, relocation, or reconstruction of three or more dwelling units or a commercial development requiring a total of 10 or more parking spaces, or a subdivision or resubdivision of land into three or more lots, tracts, or parcels for sale or development, within that area of the municipality.
g. The commission shall develop a coordination and consistency plan that details the ways in which local, State, and federal policies and programs, including but not limited to the federal "Coastal Zone Management Act of 1972," 16 U.S.C. s.1451 et al., shall be coordinated to promote the goals and policies of the coastal management plan, and identifies the means whereby land, water, and structures managed by governmental or nongovernmental entities in the public interest within the coastal commission area shall be integrated into the coastal management plan.
h. The commission shall provide technical assistance to municipalities and counties in order to encourage the use of the most effective and efficient planning and development review data, tools, and procedures and to assist municipalities and counties with conformance with the coastal management plan. The commission shall make available grants and other financial assistance, within the limits of available appropriations, to municipalities and counties for any revision of their master plans, development regulations, or other regulations which is designed to bring those plans, development regulations, or other regulations into conformance with the coastal management plan. The grants and other financial assistance shall pay for the reasonable expenses therefor incurred by a municipality or county and shall be distributed according to such procedures and guidelines as may be established by the commission. The commission shall make the grants and other financial assistance from any State, federal, or other funds that shall be appropriated or otherwise made available to it for that purpose.
i. Notwithstanding any provision of P.L.2008, c.78 (C.40:55D-136.1 et seq.) to the contrary, no approval, as defined pursuant to section 3 of P.L.2008, c.78 (C.40:55D-136.3), within the coastal commission area shall be extended or tolled pursuant to the provisions of P.L.2008, c.78 (C.40:55D-136.1 et seq.).
12. (New section) There are created four regional advisory councils for the purpose of advising the commission in all of its actions, including but not limited to, the development of the coastal management plan, project priority lists, other plans, rules and regulations, and any other matter referred to them by the commission.
a. The council regions comprise those portions of the counties within the coastal commission area as follows:
(1) Region one -- Middlesex and Monmouth counties;
(2) Region two -- Ocean county;
(3) Region three - Atlantic county; and
(4) Region four - Cape May county.
b. Each regional advisory council shall consist of 11 members, appointed and qualified as follows:
(1) Two elected or appointed county officials from the council region appointed by the county governing body or bodies, as the case may be, of the council region, who shall not be of the same political party, and who shall serve on the council ex officio;
(2) Four elected or appointed municipal officials from the council region appointed by the county governing body or bodies, as the case may be, of the council region, not more than two of whom shall be of the same political party, and who shall serve on the council ex officio; and
(3) Five members of the public at large residing in the council region appointed by the county governing body or bodies, as the case may be, of the council region, not more than three of whom may be of the same political party.
In region one, representation shall, to the greatest extent feasible, reflect population and land area in the proportion of each county in the region. The governing bodies of each county in region one shall agree on a methodology for selecting the members of their regional advisory council.
c. Of the members initially appointed to each council, four members shall be appointed for terms of three years, four for terms of two years, and three for terms of one year. Thereafter, all council members shall serve three-year terms. Each qualified council member shall remain in office for the term of appointment and until a successor is appointed and qualified. Any vacancy in the membership occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the remainder of the unexpired term only. Any member may be removed by the county governing body or bodies, as the case may be, for cause, after public hearing, and may be suspended by the county governing body or bodies, as the case may be, pending the completion of the hearing.
d. The members of each council shall elect a chairperson from among their members. The chairperson shall serve for a term of three years and until a successor has been elected. A chairperson shall not be eligible to serve successive terms.
e. The members of each council shall serve without compensation, but may be reimbursed by the commission for expenses necessarily incurred in the performance of their duties.
f. The commission and any local government unit may provide staff assistance to each council.
g. Each council shall meet at the call of its chairperson. A majority of the members of each council shall constitute a quorum for the conducting of official council business. In no event shall any action be taken or resolutions adopted without the affirmative vote of at least six members. A vacancy on a council does not impair the right of a quorum of its members to exercise the powers and perform the duties of the council.
13. (New section) a. The commission shall administer, enforce, implement, and oversee all activities related to land use permitting and approvals within the coastal commission area. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, the commission shall be the administering agency within the State for implementing and enforcing within the coastal commission area the following laws and any rules or regulations adopted pursuant thereto:
(1) R.S.12:5-1 et seq.;
(2) "The Wetlands Act of 1970," P.L.1970, c.272 (C.13:9A-1 et seq.);
(3) the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.);
(4) the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.); and
(5) the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.).
b. The duties and functions assigned to the Department of Environmental Protection pursuant to R.S.12:5-1 et seq, P.L.1970, c.272 (C.13:9A-1 et seq.), P.L.1987, c.156 (C.13:9B-1 et seq.), P.L.1973, c.185 (C.13:19-1 et seq.), and P.L.1962, c.19 (C.58:16A-50 et seq.) exercised in the coastal commission area are hereby transferred to the commission.
14. (New section) a. The commission may issue a coastal environmental land use permit, where applicable, and may develop a single permitting process for any permit issuable pursuant to R.S.12:5-1 et seq., P.L.1970, c.272 (C.13:9A-1 et seq.), P.L.1987, c.156 (C.13:9B-1 et seq.), P.L.1973, c.185 (C.13:19-1 et seq.), or P.L.1962, c.19 (C.58:16A-50 et seq.), and any rules or regulations adopted pursuant thereto. Notwithstanding that a coastal environmental land use permit may be issued, the commission in reviewing and issuing a decision on an application for a coastal environmental land use permit shall apply the statutory criteria required pursuant to each individual act for each permit covered by the coastal environmental land use permit.
b. Except as otherwise provided in section 16 of this act, until such time as the commission adopts its own rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq,), for a coastal environmental land use permit, the commission shall review each application pursuant to the rules and regulations adopted by the Department of Environmental Protection pursuant to the applicable statute.
c. In addition to making the necessary findings for the issuance of a permit pursuant to the applicable statute, the commission may only issue a permit pursuant to this act if it makes the additional findings that the proposed development or regulated activity:
(1) would not individually or, in conjunction with a previously existing development, cumulatively have an adverse impact on the natural resources or environmental quality of the coastal commission area; and
(2) conforms with all applicable provisions of the New Jersey Coastal Management Plan adopted pursuant to section 8 of this act.
15. (New section) a. A person who is required to apply for a permit or approval to perform any construction work or engage in any activity in the coastal commission area may seek the assistance of the commission in identifying all permits or approvals that the applicant may need to secure from federal, State, regional, or local units of government.
b. The commission shall prepare and make available to any interested person a permit application checklist identifying all items reviewed by the commission in evaluating an application for a permit issued pursuant to this act, R.S.12:5-1 et seq., P.L.1970, c.272 (C.13:9A-1 et seq.), P.L.1987, c.156 (C.13:9B-1 et seq.), P.L.1973, c.185 (C.13:19-1 et seq.), P.L.1962, c.19 (C.58:16A-50 et seq.), and any permits or approvals that may be required from federal, State, regional, or local governmental entities. The checklist shall be periodically reviewed and updated by the commission in order to assure the currency of the information provided therein.
c. A prospective applicant may request a pre-application conference with the commission to discuss and review the permit application checklist requirements prepared in accordance with subsection b. of this section and the documentation that may be required thereunder. At the request of a prospective applicant, the conference also may informally review a concept plan for a development which the prospective applicant intends to prepare and submit for commission review. The concept plan and documentation in connection therewith shall be for discussion purposes only. The commission shall request the attendance of representatives of any State, regional, or local entities that also may be required to review the permit application. The commission shall establish pre-application conference requirements and shall charge a pre-application conference fee, which shall be in addition to permit application fees.
d. The commission shall periodically review its permitting procedures and the permitting procedures of other governmental entities for the coastal commission area and may make recommendations to these other governmental entities to improve their permitting processes.
16. (New section) a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, within 45 days following receipt of an application pursuant to R.S.12:5-1 et seq.; P.L.1970, c.272 (C.13:9A-1 et seq.), P.L.1987, c.156 (C.13:9B-1 et seq.), P.L.1973, c.185 (C.13:19-1 et seq.), or P.L.1962, c.19 (C.58:16A-50 et seq.), the commission shall notify the applicant in writing regarding its completeness. An application shall be deemed complete upon the expiration of the 45-day period for purposes of commencing the applicable time period for action by the commission, unless:
(1) the application lacks information indicated on a checklist adopted pursuant to section 15 of this act; and
(2) the commission has notified the applicant, in writing, of the deficiencies in the application within 45 days after receipt of the application. The commission, within 15 days following receipt of additional information to correct the deficiencies, shall notify the applicant of the completeness of the amended application.
The application shall not be considered to be filed until it has been declared complete by the commission.
b. The commission, or a member of the commission staff designated by the commission, may hold a hearing as it deems necessary to afford interested parties the opportunity to present, orally or in writing, their position concerning the application and any data in reference to the environmental effects of the proposed facility. The hearing, if required, shall be held within 60 days after the filing of a completed application. The commission shall, by rule or regulation adopted pursuant to the "Administrative Procedure Act," P.L.1968 c.410 (C.52:14B-1 et seq.), establish adequate notice procedures and criteria for the holding of a public hearing.
(1) The commission, within 15 days after the hearing, may require an applicant to submit any additional information necessary for the complete review of the application.
(2) The commission shall notify the applicant within 60 days after the hearing as to the granting or denial of a permit. If no hearing is held, the commission shall notify the applicant of its decision within 90 days following the filing of a completed application. The reasons for granting or denying the permit shall be stated. In the event the commission requires additional information as provided for in paragraph (1) of this subsection, the commission shall notify the applicant of its decision within 60 days following receipt of the information.
c. Denial of an application for a permit under this act shall in no way adversely affect the future submittal of a new application.
17. (New section) Whenever the term "Department of Environmental Protection" or "department" occurs in R.S.12:5-1 et seq., the term shall be deemed to mean or refer to the "New Jersey Coastal Commission" created pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the area located in the coastal commission area as defined pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
18. (New section) Whenever the term "Department of Environmental Protection" or "department" occurs in P.L.1970, c.272 (C.13:9A-1 et seq.), the term shall be deemed to mean or refer to the "New Jersey Coastal Commission" created pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the area located in the coastal commission area as defined pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
19. (New section) Whenever the term "Department of Environmental Protection" or "department" occurs in P.L.1987, c.156 (C.13:9B-1 et seq.), the term shall be deemed to mean or refer to the "New Jersey Coastal Commission" created pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the area located in the coastal commission area as defined pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
20. (New section) Whenever the term "Department of Environmental Protection" or "department" occurs in P.L.1973, c.185 (C.13:19-1 et seq.), the term shall be deemed to mean or refer to the "New Jersey Coastal Commission" created pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the area located in the coastal commission area as defined pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
21. (New section) Whenever the term "Department of Environmental Protection" or "department" occurs in P.L.1962, c.19 (C.58:16A-50 et seq.), the term shall be deemed to mean or refer to the "New Jersey Coastal Commission" created pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the area located in the coastal commission area as defined pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
22. (New section) Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, the commission shall be responsible for all beach erosion and shore protection projects undertaken or proposed to be undertaken within the coastal commission area.
a. The commission shall be the administering agency for implementing and enforcing the following within the coastal commission area:
(1) P.L.1940, c.52 (C.12:6A-1 et seq.);
(2) P.L.1992, c.148 (C.13:19-16.1 et al.);
(3) P.L.1997, c.384 (C.13:19-16.2);
(4) P.L.1995, c.19 (C.13:19-31 et seq.); and
(5) the "Shore Protection Bond Act of 1983," P.L.1983, c.356.
b. The commission shall, on an ongoing basis, review the New Jersey Shore Protection Master Plan prepared by the Department of Environmental Protection pursuant to section 5 of P.L.1978, c.157. The commission shall make additions, modifications, and revisions to the plan when the commission determines that there is a developing or emergent need for other projects or actions to restore, maintain, or protect the beach areas within the jurisdiction of the commission.
c. The commission shall prepare, and systematically update and revise, a priority list of beach erosion or shore protection projects within its area of jurisdiction. Before inclusion of a project on a priority list, the project shall be reviewed by a coastal geologist consultant, utilizing accepted principles of coastal geology, for the purpose of ensuring that the proposed beach erosion or shore protection project takes adequate account of the transitory nature of the shoreline and the effects of coastal storms and rising sea level. This priority list shall be given primary consideration in the commission's determination of the projects to which it shall provide financial assistance or in its recommendation that an appropriation for financial assistance be made by the State or federal government.
d. The commission may enter into agreements with the federal government, or with any State entity or local government unit, or any public agency, under which the commission and the other entity shall undertake a beach erosion or shore protection project as a joint venture, with the commission providing financial assistance through loans, loan guarantees, or grants and any technical or managerial assistance, as the agreement may provide.
e. The commission may make grants to pay, in whole or in part, the cost of any beach erosion or shore protection project, either by providing the local share of a project that is part of a federal program, or by providing direct assistance through grants to any local government unit undertaking a beach erosion or shore protection project whenever the compelling or emergent need for a project may warrant that action be taken.
f. For the purposes of acquiring lands necessary for any beach erosion or shore protection project, the commission shall have the power to enter, inspect, survey, investigate ownership and take title to, in fee or otherwise, by purchase, gift, devise, exchange, or eminent domain, any appropriate lands necessary for undertaking a beach erosion or shore protection project.
(1) The commission shall exercise its power of eminent domain in accordance with the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.).
(2) Whenever the commission wishes to acquire, by eminent domain, title to unoccupied lands and it appears that such title may be defective in any manner, the commission may, with the consent of the Attorney General, acquire the best available title, notwithstanding that such title is defective or incomplete.
g. Any action taken pursuant to this section shall be in conformance with the provisions of the coastal management plan.
23. (New section) The Commissioner of Environmental Protection shall transfer to the New Jersey Coastal Commission for the purposes of implementing the provisions of this act any staff employed by the Department of Environmental Protection specifically for, or related to, the administration and enforcement of statutes concerning land use permitting and beach erosion and shore protection activities in the coastal commission area, including but not limited to R.S.12:5-1 et seq., P.L.1940, c.52 (C.12:6A-1 et seq.), P.L.1970, c.272 (C.13:9A-1 et seq.), P.L.1987, c.156 (C.13:9B-1 et seq.), P.L.1973, c.185 (C.13:19-1 et seq.), P.L.1992, c.148 (C.13:19-16.1 et al.), P.L.1997, c.384 (C.13:19-16.2), P.L.1995, c.19 (C.13:19-31 et seq.), P.L.1962, c.19 (C.58:16A-50 et seq.), and P.L.1983, c.356.
24. (New section) The State Treasurer shall reallocate to the New Jersey Coastal Commission for the purposes of implementing the provisions of this act any State funds appropriated to the Department of Environmental Protection specifically for, or related to, the administration and enforcement of statutes concerning land use permitting and beach erosion and shore protection activities in the coastal commission area, including but not limited to R.S.12:5-1 et seq., P.L.1940, c.52 (C.12:6A-1 et seq.), P.L.1970, c.272 (C.13:9A-1 et seq.), P.L.1987, c.156 (C.13:9B-1 et seq.), P.L.1973, c.185 (C.13:19-1 et seq.), P.L.1992, c.148 (C.13:19-16.1 et al.), P.L.1997, c.384 (C.13:19-16.2), P.L.1995, c.19 (C.13:19-31 et seq.), P.L.1962, c.19 (C.58:16A-50 et seq.), and P.L.1983, c.356.
25. (New section) Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, the commission shall be responsible for the dissemination, administration, and oversight of any monies received from the Federal Emergency Management Agency or any other source related to disaster assistance or recovery from the impacts of Hurricane Sandy within the coastal commission area, and for any other major storm event that impacts the coastal commission area.
a. (1) The State Treasurer shall immediately notify the commission of the receipt of funding received from the federal government, or any other source, for disaster assistance for impacts associated with Hurricane Sandy and any other major storm event that impacts the coastal commission area after the date of enactment of this act. The State Treasurer shall provide the commission with detailed information concerning the amount of funding received for disaster assistance associated with Hurricane Sandy, or any other major storm event, and the authorized uses of that funding. For any funding received as discretionary aid, as part of a block grant, or any other similar funding, the State Treasurer shall consult with the commission prior to the allocation and dissemination of such funds within the coastal commission area.
(2) For any funds received for disaster assistance associated with Hurricane Sandy by the State prior to the date of enactment of this act, the State Treasurer shall provide the commission with detailed information, including: the amount of funding received and the authorized uses of that funding; the amount of the funding that has been distributed or allocated to specific purposes and identification of those purposes; and the process by which this funding was distributed. This information shall provide a detailed description of funds used for emergency operations, loss reimbursement, repairs, rebuilding, restorations, reconstruction, removal of debris, temporary housing, household assistance, relief, hazard mitigation improvements, construction, and other recovery and rebuilding activities deemed by the State Treasurer to be associated with recovery and rebuilding from the impacts of Hurricane Sandy incurred within the coastal commission area.
b. (1) The State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety shall provide the commission with copies of all damage assessments and any applications submitted to the Federal Emergency Management Agency for any funds, grants, or other forms of financial assistance to support the recovery and rebuilding within the coastal commission area from the impacts of Hurricane Sandy.
(2) Prior to the submittal after the date of enactment of this act of any damage assessment or any application to the Federal Emergency Management Agency for any funds, grants, or other forms of financial assistance to support the recovery and rebuilding from the impacts associated with Hurricane Sandy or for any other major storm that impacts New Jersey after the date of enactment of this act, the State Office of Emergency Management shall consult with the commission and provide the commission with the opportunity to review and comment on the assessment or application.
26. Section 1 of P.L.1939, c.30 (C.12:5-9) is amended to read as follows:
1. [In addition to the powers conferred by the provisions of the act to which this act is a supplement, the Board of Commerce and Navigation] The New Jersey Coastal Commission, established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), is hereby authorized and empowered to co-operate with the Federal government, the county of Monmouth, and the borough of Atlantic Highlands in providing and maintaining a harbor of refuge in Sandy Hook bay near the borough of Atlantic Highlands.
(cf: P.L.1939, c.374, s.1)
27. Section 1 of P.L.1940, c.52 (C.12:6A-1) is amended to read as follows:
1. [In addition to the powers conferred by the provisions of the act to which this act is a supplement,] The New Jersey Coastal Commission, established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), for the area of its jurisdiction, and the [State] Department of [Conservation and Economic Development is] Environmental Protection, for the remainder of the State, are hereby authorized and empowered to repair, reconstruct, or construct bulkheads, seawalls, breakwaters, groins, jetties, beachfills, dunes and any or all appurtenant structures and work, on any and every shore front along the Atlantic ocean, in the State of New Jersey, or any shore front along the Delaware bay and Delaware river, Raritan bay, Barnegat bay, Sandy Hook bay, Shrewsbury river including Nevesink river, Shark river, and the coastal inland waterways extending southerly from Manasquan Inlet to Cape May Harbor, or at any inlet, estuary or tributary waterway or any inland waterways adjacent to any inlet, estuary or tributary waterway along the shores of the State of New Jersey, to prevent or repair damage caused by erosion and storm, or to prevent erosion of the shores and to stabilize the inlets or estuaries and to undertake any and all actions and work essential to the execution of this authorization and the powers granted hereby.
(cf: P.L.1966, c.212, s.1)
28. Section 2 of P.L.1940, c.52 (C.12:6A-2) is amended to read as follows:
2. The [Division of Navigation is] New Jersey Coastal Commission, established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), for the area of its jurisdiction, and the Department of Environmental Protection, for the remainder of the State, are further authorized [and empowered] to use the facilities and services of any branch of the Federal Government or of the State Government, or of any county or municipality within the State, and any funds which may now be available or which may hereafter be appropriated by the Federal Government, or any division of the State Government, or of any county or municipality within the State for the purpose of beach erosion, and beach protection.
(cf: P.L.1946, c.258, s.2)
29. Section 3 of P.L.1940, c.52 (C.12:6A-3) is amended to read as follows:
3. The [Division of Navigation is] New Jersey Coastal Commission, established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), for the area of its jurisdiction, and the Department of Environmental Protection, for the remainder of the State, are further authorized [and empowered] to dredge and remove [any and] all obstructions in every waterway or stream in the State of New Jersey to a depth and width to be determined by the [council of the Division of Navigation] New Jersey Coastal Commission, for the area of its jurisdiction, and the Department of Environmental Protection, for the remainder of the State, and to erect such bulkheads, breakwaters, groins or jetties as are necessary to prevent erosion and stabilize the shore in the vicinity of any inlet along the coast of the State of New Jersey.
(cf: P.L.1946, c.258, s.3)
30. 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. As used in this subsection, "ecosystem-based management" means an approach to management that integrates biological, social, and economic factors into a comprehensive strategy aimed at protecting, restoring, and enhancing the sustainability, diversity, and productivity of ecosystems.
(cf: P.L.2007, c.288, s.6)
31. Section 1 of P.L.1975, c.232 (C.13:1D-29) is amended to read as follows:
1. For the purposes of this act, unless the context clearly requires a different meaning, the following terms shall have the following meanings:
a. "Commissioner" means the State Commissioner of Environmental Protection.
b. "Construction permit" means and shall include:
(1) Approval of plans for the development of any waterfront upon any tidal waterway pursuant to R.S.12:5-3 [.] ;
(2) A permit for a regulated activity pursuant to "The Wetlands Act of 1970," P.L.1970, c.272 (C.13:9A-1 et seq.) [.] ;
(3) A permit issued pursuant to the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.) [.] ;
(4) Approval of a structure or alteration within the area which would be inundated by the 100 year design flood of any nondelineated stream or of a change in land use within any delineated floodway or any State administered and delineated flood fringe area, all pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.) as amended and supplemented [.] ; and
(5) Approval of plans and specifications for the construction changes, improvements, extensions or alterations to any sewer system pursuant to [R.S.58:11-10] law.
"Construction permit" shall not, however, include :
(1) any approval of or permit for an electric generating facility or for a petroleum processing or storage facility, including a liquefied natural gas facility, with a storage capacity of over 50,000 barrels; or
(2) any development, regulated activity, permit or approval located within the coastal commission area and under the jurisdiction of the New Jersey Coastal Commission, as defined pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. "Department" means the Department of Environmental Protection.
(cf: P.L.1979, c.359, s.8)
32. Section 7 of P.L.1993, c.190 (C.13:19-5.2) is amended to read as follows:
7. A permit shall not be required pursuant to section 5 of P.L.1973, c.185 (C.13:19-5) for:
a. A development which has received preliminary site plan approval pursuant to the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) or a final municipal building or construction permit on or prior to July 19, 1994, or a residential development which has received preliminary subdivision approval or minor subdivision approval on or prior to July 19, 1994 where no subsequent site plan approval is required, provided that, in any of the cases identified above, construction begins within three years of July 19, 1994, and continues to completion with no lapses in construction activity of more than one year. This subsection shall not apply to any development that required a permit pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) prior to July 19, 1994;
b. [The reconstruction of any development that is damaged or destroyed, in whole or in part, by fire, storm, natural hazard or act of God, provided that such reconstruction is in compliance with existing requirements or codes of municipal, State and federal law] (Deleted by amendment, P.L. , c. ) (pending before the Legislature as this bill);
c. The enlargement of any development if the enlargement does not result in:
(1) the enlargement of the footprint of the development; or
(2) an increase in the number of dwelling units within the development;
d. The construction of a patio, deck or similar structure at a residential development;
e. Services provided, within the existing public right-of-way, by any governmental entity which involve:
(1) the routine reconstruction, substantially similar functional replacement, or maintenance or repair of public highways;
(2) public highway lane widening, intersection and shoulder improvement projects which do not increase the number of travel lanes; or
(3) public highway signing, lighting, guiderail and other nonintrusive safety projects;
f. The expansion of an existing, functional amusement pier, provided such expansion does not exceed the footprint of the existing, functional amusement pier by more than 25 percent, and provided the expansion is located in the area beyond 150 feet landward of the mean high water line, beach or dune, whichever is most landward; or
g. The enclosure of an establishment offering dining, food services and beverages that was in operation as of December 18, 2000 and is located upon a functional pier, provided the enclosure only includes an open area which was actively used in the operation of the establishment.
A development subject to any exemption provided in this section shall be required to satisfy all other applicable requirements of law.
(cf: P.L.2001, c.418, s.1)
33. Section 1 of P.L.1992, c.148 (C.13:19-16.1) is amended to read as follows:
1. a. There is created in the Department of the Treasury a special non-lapsing fund to be known as the "Shore Protection Fund." The monies in the fund are dedicated and shall only be used to carry out the purposes enumerated in subsection b. of this section. The fund shall be credited with all revenues collected and deposited in the fund pursuant to section 4 of P.L.1968, c.49 (C.46:15-8), all interest received from the investment of monies in the fund, and any monies which, from time to time, may otherwise become available for the purposes of the fund. Pending the use thereof pursuant to the provisions of subsection b. of this section, the monies deposited in the fund shall be held in interest-bearing accounts in public depositories, as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on monies deposited into the fund shall be credited to the fund for use as set forth in this act for other monies in the fund.
b. (1) Monies deposited in the "Shore Protection Fund" shall be used, in accordance with the priority list approved by the Legislature pursuant to section 1 of P.L.1997, c.384 (C.13:19-16.2), for shore protection projects associated with the protection, stabilization, restoration or maintenance of the shore, including monitoring studies and land acquisition, consistent with the current New Jersey Shore Protection Master Plan prepared pursuant to section 5 of P.L.1978, c.157, and may include the nonfederal share of any State-federal project. The requirements of subsection c. of section 1 of P.L.1997, c.384 (C.13:19-16.2) notwithstanding, the New Jersey Coastal Commission, established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), for the area of its jurisdiction, and the Commissioner of Environmental Protection for the remainder of the State, may, pursuant to appropriations made by law, allocate monies deposited in the fund for shore protection projects of an emergency nature, in the event of storm, stress of weather or similar act of God. Two percent of the monies annually deposited in the fund shall be allocated and annually appropriated for the purposes of funding the Coastal Protection Technical Assistance Service established pursuant to section 1 of P.L.1993, c.176 (C.18A:64L-1), of which amount up to $100,000 annually may be utilized for funding coastal engineering research and development to be conducted by Stevens Institute of Technology in response to requests therefor made by State or local governmental entities.
(2) (a) Notwithstanding the provisions of paragraph (1) of this subsection, in State Fiscal Year 2009 up to $9,000,000 of the monies deposited in the Shore Protection Fund may be used to help defray the cost of operation and maintenance of State parks and forests as defined in subsection e. of section 3 of P.L.1983, c.324 (C.13:1L-3).
(b) (i) If the unobligated balance of the monies in the Shore Protection Fund on June 30, 2009 is less than $20,000,000, as certified by the State Treasurer, the sum of $9,000,000 shall be appropriated and credited to the Shore Protection Fund, to be used solely for the purposes prescribed in paragraph (1) of this subsection, from the proceeds of the State portion of the basic fee, collected pursuant to P.L.1968, c.49 (C.46:15-5 et seq.) and paid to the State Treasurer pursuant to paragraph (2) of subsection b. of section 4 of P.L.1968, c.49 (C.46:15-8), excluding any amounts from those proceeds credited to the Shore Protection Fund pursuant to paragraph (1) of subsection c. of section 4 of P.L.1968, c.49 (C.46:15-8), or from such other unappropriated revenues as the State Treasurer may determine that are not otherwise dedicated by law.
(ii) If the requirements of subsubparagraph (i) of this subparagraph are not met for any reason, or any portion of the sum of $9,000,000 transferred and credited to the Shore Protection Fund pursuant to that subsubparagraph is used for any purpose other than the purposes prescribed in paragraph (1) of this subsection, the Director of the Division of Budget and Accounting in the Department of the Treasury shall, not later than five days thereafter, certify to the Director of the Division of Taxation that these requirements have not been met.
(cf: P.L.2008, c.31, s.1)
34. Section 1 of P.L.1997, c.384 (C.13:19-16.2) is amended to read as follows:
1. a. The New Jersey Coastal Commission, established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), for the area of its jurisdiction, and the Commissioner of Environmental Protection for the remainder of the State shall develop a priority system for ranking shore protection projects and establish appropriate criteria therefor. Commencing with the fiscal year beginning on July 1, 1999, and for each fiscal year thereafter, the [commissioner] New Jersey Coastal Commission and the Commissioner of Environmental Protection, as appropriate, shall use the priority system to establish a shore protection project priority list for projects designated to receive funding pursuant to an appropriation made from the Shore Protection Fund, hereinafter referred to as the "fund," established pursuant to section 1 of P.L.1992, c.148 (C.13:19-16.1). The list shall include a description of each project and its purpose, impact, estimated cost, and estimated construction schedule, and an explanation of the manner in which priorities were established. A description of the priority system and the project priority list for the ensuing fiscal year shall be submitted by the New Jersey Coastal Commission and the Commissioner of Environmental Protection for the areas of the State under their respective jurisdictions to the Legislature on or before January 31 of each year on a day when both Houses are meeting. The President of the Senate and the Speaker of the General Assembly shall cause the date of submission to be entered upon the Senate Journal and the Minutes of the General Assembly, respectively, and shall cause the project priority list to be introduced in each House in the form of legislative bills authorizing the expenditure of monies appropriated pursuant to section 1 of P.L.1992, c.148 (C.13:19-16.1) for projects on the list, and shall refer these bills to the Senate Economic Growth [, Agriculture and Tourism] Committee, the Senate Budget and Appropriations Committee, the [General] Assembly Environment [, Science and Technology] and Solid Waste Committee, and the [General] Assembly Appropriations Committee, or their successors, for their respective consideration.
b. Within 60 days of the referral thereof, the Senate Economic Growth [, Agriculture and Tourism] Committee, the Senate Budget and Appropriations Committee, the [General] Assembly Environment [, Science and Technology] and Solid Waste Committee, and the [General] Assembly Appropriations Committee, or their successors, shall, either individually or jointly, consider the legislation containing the project priority list, and shall report the legislation, together with any modifications, out of committee for consideration by each House of the Legislature. On or before June 1 of each year, the Legislature shall approve the legislation containing the project priority list, including any amendatory or supplementary provisions thereto. The legislation approved by the Legislature shall authorize the expenditure of monies appropriated to the New Jersey Coastal Commission and the Department of Environmental Protection, as appropriate, from the Shore Protection Fund for the specific projects, including the estimated amounts therefor, on the list.
c. No monies appropriated from the Shore Protection Fund to the New Jersey Coastal Commission or the Department of Environmental Protection, as appropriate, shall be expended for any shore protection project unless the estimated expenditure is authorized pursuant to legislation approved in accordance with the provisions of subsection b. of this section or unless the shore protection project is of an emergency nature pursuant to the provisions of subsection b. of section 1 of P.L.1992, c.148 (C.13:19-16.1). The commission or department [is] for the areas of the State under their respective jurisdictions are authorized to transfer monies between authorized projects to compensate for the differences between the estimated and actual costs of a project. If the Legislature fails to approve legislation within the time frame specified pursuant to subsection b. of this section, the expenditure of monies appropriated from the Shore Protection Fund shall be authorized pursuant to the provisions of the annual appropriations act.
(cf: P.L.1997, c.384, s.1)
35. Section 1 of P.L.2007, c.278 (C.13:19-16.3) is amended to read as follows:
1. Whenever the State enters into an agreement, on or after the date of enactment of this act, with the United States Army Corps of Engineers for the State to assume responsibility as the non-federal sponsor of a shore protection project, the Department of Environmental Protection or the New Jersey Coastal Commission established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), as appropriate, shall conduct a public hearing and provide the opportunity for public comment at the conclusion of the feasibility study phase for the proposed shore protection project.
(cf: P.L.2007, c.278, s.1)
36. Section 2 of P.L.1992, c.213 (C.13:19-23) is amended to read as follows:
2. The Legislature finds and determines:
a. The presence of debris, litter, floatable waste, and other refuse in the ocean waters has an adverse impact on the quality of those waters and on sea mammals and other marine life;
b. Programs involving public participation can be an integral part of a Statewide strategy to combat the deleterious effects of ocean pollution, and can contribute to the goal of achieving a pollution free environment with the hope that in the future, cleanups of this nature will no longer be required;
c. "Adopt a beach" programs, which provide for citizen cleanups of beaches and shores of debris, litter, floatable waste, and other refuse, have been enthusiastically received in other states, and have proved useful in the continuing effort to remove potential pollutants from ocean waters; and
d. It is in the public interest and in furtherance of the general welfare of the people of this State to establish an "Adopt a Beach" program in the Department of Environmental Protection to be implemented in conjunction with the New Jersey Coastal Commission.
(cf: P.L.1992, c.213, s.2)
37. Section 3 of P.L.1992, c.213 (C.13:19-24) is amended to read as follows:
3. As used in this act:
"Commission" means the New Jersey Coastal Commission established pursuant to section 4 of P.L. , c. (. ) (pending before the Legislature as this bill).
"Department" means the Department of Environmental Protection.
"Program volunteer" means any group, organization, business, or individual who has adopted a section of beach or shore for cleanup in accordance with [this act] P.L.1992, c.213 (C.13:19-22 et seq.) .
(cf: P.L.1992, c.213, s.3)
38. Section 5 of P.L.1992, c.213 (C.13:19-26) is amended to read as follows:
5. a. The department, in conjunction with the commission, shall:
(1) Develop a packet of information and instructions, and, within the limits of funds made available therefor, provide cleanup supplies, for use by program volunteers in cleaning up beaches and shores in accordance with [this act] P.L.1992, c.213 (C.13:19-22 et seq.);
(2) Coordinate with program volunteers and appropriate local government officials in arranging for the disposal, and to the maximum extent practicable and feasible, the recycling, of debris, litter, floatable waste, and other refuse collected by program volunteers;
(3) Advertise and promote the "Adopt a Beach" program, and develop and utilize such slogans, symbols, and mascots as the department may deem expedient for such purposes;
(4) Coordinate the operation of the "Adopt a Beach" program with the responsibilities of the department and the Department of Education to prepare and distribute educational materials concerning the deleterious effects of plastics and other forms of pollution on the marine environment pursuant to the "Clean Ocean Education Act," P.L.1988, c.62 (C.58:10A-52 et seq.);
(5) Cooperate with the Department of Corrections on any program established by law or by that department that utilizes prisoners to clean up or maintain beaches or shores;
(6) Provide notice of the provisions of this act to every coastal municipality in the State; and
(7) Organize, coordinate, and designate the dates for two annual coastwide beach and shore cleanups, one in the Spring and one in the Fall, in which all program volunteers shall be asked to participate, and which shall be in addition to any other cleanup activities that program volunteers may undertake.
b. The department, in conjunction with the commission, may:
(1) Prepare or use from existing environmental advocacy group sources, data cards to be distributed to program volunteers to record information on the amounts and types of debris, litter, floatable waste, and other refuse collected, and such other information as the department may deem useful;
(2) Utilize the information derived from data cards distributed to program volunteers to formulate recommendations to the Governor and the Legislature for administrative or legislative action to effectuate the goal of preventing ocean pollution; and
(3) Issue to each program volunteer an adoption certificate, and, within the limits of funds made available therefor, provide a sign indicating the name of the participating group, organization, business, or individual for placement, if not otherwise prohibited by law or municipal ordinance, at an appropriate point on the public road providing access to the section of beach or shore adopted by the program volunteer, or at such other point as the department or the commission may prescribe.
(cf: P.L.1992, c.213, s.5)
39. Section 6 of P.L.1992, c.213 (C.13:19-27) is amended to read as follows:
6. a. Any group, organization, business, or individual interested in adopting a section of beach or shore for cleanup in accordance with this act shall notify, as appropriate, the commission for a section of beach or shore within its jurisdiction or the department for a section of beach or shore in the remainder of the State. Such notification may include a request to adopt, if possible, a specified section of beach or shore. Upon receipt of a notification of interest, the department or commission, as appropriate, shall: (1) assign an appropriate section of beach or shore to that group, organization, business, or individual for adoption; (2) notify the group, organization, business, or individual of that assignment and provide thereto the materials required to be prepared pursuant to paragraph (1) of subsection a. of section 5 of [this act] of P.L.1992, c.213 (C.13:19-26).
b. Upon receipt from the department or commission, as appropriate, of notification of its assigned section of beach or shore, the program volunteer shall notify the clerk of the municipality within which the assigned section of beach or shore is located so that the municipality will be aware of the program volunteer's activities and may, at its discretion, provide assistance.
c. (1) An adopted section of beach or shore shall be approximately one mile in length, but other lengths may be permitted depending upon the desires and capabilities of the program volunteer, the amount of waste that may be expected to be collected, or the accessibility of the section of beach or shore.
(2) The adoption period for a section of beach or shore shall be one year, but a program volunteer may renew its participation in the program by notifying the department or commission, as appropriate, annually at such time as shall be specified therefor by the department or commission, as appropriate.
(cf: P.L.1992, c.213, s.6)
40. Section 8 of P.L.1992, c.213 (C.13:19-29) is amended to read as follows:
8. a. No department, agency, bureau, board, commission, authority, or other entity of the State, or of any county or municipality, and no employee thereof, shall be liable to any person for any injury or damages that may be caused or sustained by a program volunteer during an "Adopt a Beach" event or activity.
As a condition of participating in the program, a prospective program volunteer shall sign a waiver releasing the department, the commission, the State, and any other appropriate governmental entity, and all employees thereof, from liability for any injury or damages that may be caused or sustained by that volunteer during an "Adopt a Beach" event or activity.
b. A program volunteer shall not be considered a "public employee" or "State employee" for purposes of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., or otherwise be accorded any of the protections set forth therein.
(cf: P.L.1992, c.213, s.8)
41. Section 9 of P.L.1992, c.213 (C.13:19-30) is amended to read as follows:
9. Any person may donate to the department, the commission, or to a county or municipality, funds, supplies, or services for use in the "Adopt a Beach" program, and the department, the commission, and any county or municipality are authorized to accept such donations.
(cf: P.L.1992, c.213, s.9)
42. Section 2 of P.L.1995, c.19 (C.13:19-32) is amended to read as follows:
2. a. The Department of Environmental Protection in conjunction with the New Jersey Coastal Commission established pursuant to section 4 of P.L. , c. (c. ) (pending before the Legislature as this bill shall prepare a guidance document which provides information to coastal municipalities on eligibility requirements for receiving federal monies related to shore protection projects and disaster aid. The document shall provide detailed information which describes the policies, programs or other actions required of a municipality to qualify for these federal monies, and shall include a section which explains what a municipality must do to create and maintain an engineered beach.
b. Upon completion of the guidance document, the Department of Environmental Protection or the New Jersey Coastal Commission, as appropriate, shall notify all coastal municipalities of the availability of the guidance document. The department and the New Jersey Coastal Commission shall provide copies of the guidance document to a municipality upon request.
c. As used in this act, "coastal municipality" means any municipality located within the coastal area as defined in section 4 of P.L.1973, c.185 (C.13:19-4).
(cf: P.L.1995, c.19, s.2)
43. Section 1 of P.L.2009, c.171 (C.13:19-45) is amended to read as follows:
1. Whenever the Department of Environmental Protection or the New Jersey Coastal Commission established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), as the case may be, enters into discussions in order to reach a settlement agreement with an owner of property containing dunes or other environmentally sensitive areas located in a coastal municipality, the department or the commission, as appropriate, shall provide notice, in writing, to the governing body of the coastal municipality in which the property is located. The notice required pursuant to this section shall state the location of the property, including the address and the lot and block number of the property, and a description of the nature of the settlement discussions, and shall offer the governing body of the coastal municipality the opportunity to participate in the settlement discussions.
As used in this section, "coastal municipality" means any municipality located within the coastal area as defined in section 4 of P.L.1973, c.185 (C.13:19-4).
(cf: P.L.2009, c.171, s.1)
44. Section 4 of P.L.1956, c.135 (C.26:9-12.6) is amended to read as follows:
4. It shall be the duty of the commission to carry on a continuous study of mosquito control and extermination in the State, to recommend to the Governor and the Legislature, from time to time, changes in legislation which in its judgment may be necessary or desirable to be enacted in order to enforce and carry out mosquito extermination and control work throughout the State, to recommend to the Legislature the amount of money which in its judgment it shall deem necessary and desirable to be appropriated each year by the State for mosquito control purposes and to allocate funds appropriated for State aid to counties in the performance of such work among the various counties through the New Jersey State Agricultural Experiment Station, to act in an advisory capacity in all matters pertaining to mosquito extermination and control and to co‑operate with the agencies of other States and the Federal Government in the elimination of mosquito breeding areas under their control. The commission shall not recommend to the Legislature any mosquito control project in the coastal commission area, as defined pursuant to section 3 of P.L. c. (C. ) (pending before the Legislature as this bill), that is inconsistent with the policies or goals of the New Jersey Coastal Management Plan adopted in accordance with section 8 of P.L. c. (C. ) (pending before the Legislature as this bill). The commission shall submit to the New Jersey Coastal Commission, established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), for review and certification as to consistency with the coastal management plan, any mosquito control project within the coastal commission area prior to recommending the project for financing to the Legislature.
(cf: P.L.1956, c.135, s.4)
45. Section 4 of P.L.1993, c.168 (C.39:3-27.50) is amended to read as follows:
4. a. There is created in the Department of the Treasury a special non-lapsing fund to be known as the "Coastal Protection Trust Fund." There shall be deposited in the fund the amount collected from all license plate fees collected pursuant to section 3 of [this act] P.L.1993, c.168 (C.39:3-27.49), less the amounts necessary to reimburse the division for administrative costs pursuant to section 5 of [this act] P.L.1993, c.168 (C.39:3-27.51) . Except as otherwise provided in subsection b. of this section, moneys deposited in the fund shall be dedicated to the purposes set forth in section 6 of [this act] P.L.1993, c.168 (C.39:3-27.52) . Moneys deposited in the fund shall be held in interest-bearing accounts in public depositories as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on moneys deposited into the fund, and any moneys which may be appropriated or otherwise become available for the purposes of the fund, shall be credited to and deposited in the fund for use as set forth in [this act] P.L.1993, c.168 (C.39:3-27.47 et al.) .
b. There is created within the "Coastal Protection Trust Fund" a special emergency reserve account, to which shall annually be credited the amount of license plate fees collected in excess of $1,000,000 during the year. The commissioner, in conjunction with the New Jersey Coastal Commission established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), may, pursuant to specific appropriations made by law, use moneys deposited in the special emergency reserve account to:
(1) finance shore protection projects of an emergency nature in the event of storm, stress of weather or similar act of God; and
(2) provide for the cleanup of discharges of pollutants or contaminants discharged into the ocean waters of this State.
Any expenditure of moneys pursuant to this subsection for projects in the coastal commission area, as defined pursuant to section 3 of P.L. c. (C. ) (pending before the Legislature as this bill), shall require the approval of the New Jersey Coastal Commission and be consistent with the policies and goals of the coastal management plan adopted in accordance with section 8 of P.L. c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.1993, c.168, s.4)
46. Section 11 of P.L.1985, c.398 (C.52:18A-206) is amended to read as follows:
11. a. The provisions of P.L.1985, c.398 (C.52:18A-196 et al.) shall not be construed to affect the plans and regulations of the Pinelands Commission pursuant to the "Pinelands Protection Act," P.L.1979, c.111 (C.13:18A-1 et seq.), the New Jersey Meadowlands Commission pursuant to the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.), [or] the Highlands Water Protection and Planning Council pursuant to the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et al.) for that portion of the Highlands Region lying within the preservation area as defined in section 3 of P.L.2004, c.120 (C.13:20-3), or the New Jersey Coastal Commission pursuant to the "New Jersey Coastal Commission Act," P.L. , c. (C. ) (pending before the Legislature as this bill). The State Planning Commission shall rely on the adopted plans and regulations of these entities in developing the State Development and Redevelopment Plan.
b. The State Planning Commission may adopt, after the enactment date of P.L.1993, c.190 (C.13:19-5.1 et al.), the coastal planning policies of the rules and regulations adopted pursuant to P.L.1973, c.185 (C.13:19-1 et seq.), the coastal planning policies of the rules and regulations adopted pursuant to subsection b. of section 17 of P.L.1973, c.185 (C.13:19-17) and any coastal planning policies of rules and regulations adopted pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) thereafter as the State Development and Redevelopment Plan for the coastal area as defined in section 4 of P.L.1973, c.185 (C.13:19-4).
(cf: P.L.2004, c.120, s.72)
47. Section 5 of P.L.1975, c.217 (C.52:27D-123) is amended to read as follows:
5. a. The commissioner shall after public hearing pursuant to section 4 of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-4) adopt a State Uniform Construction Code for the purpose of regulating the structural design, construction, maintenance and use of buildings or structures to be erected and alteration, renovation, rehabilitation, repair, maintenance, removal or demolition of buildings or structures already erected. Prior to the adoption of said code, the commissioner shall consult with the code advisory board and other departments, divisions, bureaus, boards, councils or other agencies of State Government heretofore authorized to establish or administer construction regulations.
Such prior consultations with departments, divisions, bureaus, boards, councils, or other agencies of State Government shall include but not be limited to consultation with the Commissioner of Health and Senior Services and the Public Health Council prior to adoption of a plumbing subcode pursuant to paragraph b. of this section. Said code shall include any code, rule or regulation incorporated therein by reference.
b. The code shall be divided into subcodes which may be adopted individually by the commissioner as he may from time to time consider appropriate. These subcodes shall include but not be limited to a building code, a plumbing code, an electrical code, an energy code, a fire prevention code, a manufactured or mobile home code and mechanical code.
These subcodes, except for the energy subcode, shall be adoptions of the model codes of the Building Officials and Code Administrators International, Inc., the National Electrical Code, and the National Standard Plumbing Code, provided that for good reasons, the commissioner may adopt as a subcode, a model code or standard of some other nationally recognized organization upon a finding that such model code or standard promotes the purposes of this act. The initial adoption of a model code or standard as a subcode shall constitute adoption of subsequent edition year publications of the model code or standard of such other nationally recognized organization, except as provided for in paragraphs (1) through (4) of this subsection. Adoption of publications shall not occur more frequently than once every three years; provided, however, that a revision or amendment may be adopted at any time in the event that the commissioner finds that there exists an imminent peril to the public health, safety or welfare.
The energy subcode shall be based upon the model codes cited under this subsection or the International Energy Conservation Code. It may be amended or supplemented by the commissioner once before 2012 without regard to intervals between the adoption of the energy subcode in effect on the effective date of P.L.2009, c.106 (C.52:27D-122.2 et al.) and subsequent year revisions of that subcode. In amending or supplementing the energy subcode, the commissioner shall rely upon 10-year energy price projections provided by an institution of higher education within one year following the effective date of P.L.2009, c.106 (C.52:27D-122.2 et al.), and thereafter at three-year intervals. In developing the energy price projections, the institution of higher education shall consult with the Board of Public Utilities. The commissioner shall be authorized to amend the energy subcode to establish enhanced energy conservation construction requirements, the added cost of each of which may reasonably be recovered through energy conservation over a period of not more than seven years. Such requirements shall include provisions to ensure that, in all parts of the State the anticipated energy savings shall be similarly proportionate to the additional costs of energy subcode compliance.
(1) Except as otherwise provided in this subsection, the edition of a model code or standard in effect as a subcode as of July 1, 1995 shall continue in effect regardless of any publication of a subsequent edition of that model code or standard. Prior to establishing the effective date for any subsequent revision or amendment of any model code or standard adopted as a subcode, the commissioner shall review, in consultation with the code advisory board, the text of the revised or amended model code or standard and determine whether the amended or revised provisions of the model code are essential to carry out the intent and purpose of this act as viewed in contrast to the corresponding provisions of the subcode then currently in effect.
(2) In the event that the commissioner, pursuant to paragraph (1) of this subsection, determines that any amended or revised provision of a model code is essential to carry out the intent and purpose of this act as viewed in contrast to any corresponding provision of the subcode then currently in effect, the commissioner may then adopt that provision of the amended or revised model code.
(3) The commissioner, in consultation with the code advisory board, shall have the authority to review any model code or standard currently in effect as a subcode of the State Uniform Construction Code and compare it with previously adopted editions of the same model code or standard in order to determine if the subcode currently in effect is at least as consistent with the intent and purpose of this act as were previously adopted editions of the same model code or standard.
(4) In the event that the commissioner, after consultation with the code advisory board, determines pursuant to this subsection that a provision of a model code or standard currently in effect as a subcode of the State Uniform Construction Code is less consistent with the intent and purpose of this act than was the corresponding provision of a previously adopted edition of the same model code or standard, the commissioner may delete the provision in effect and substitute in its place the corresponding provision of the previously adopted edition of the same model code or standard determined to be more consistent with the intent and purpose of this act.
(5) The commissioner shall be authorized to adopt a barrier free subcode or to supplement or revise any model code adopted hereunder, for the purpose of insuring that adequate and sufficient features are available in buildings or structures so as to make them accessible to and usable by the physically handicapped. Multi-family residential buildings with four or more dwelling units in a single structure shall be constructed in accordance with the barrier free subcode; for the purposes of this subsection the term "multi-family residential buildings with four or more dwelling units in a single structure" shall not include buildings constructed as townhouses, which are single dwelling units with two or more stories of living space, exclusive of basement or attic, with most or all of the sleeping areas on one story and with most of the remaining habitable space, such as kitchen, living and dining areas, on another story, and with an independent entrance at or near grade level.
c. Any municipality through its construction official, and any State agency or political subdivision of the State may submit an application recommending to the commissioner that a State sponsored code change proposal be adopted. Such application shall contain such technical justification and shall be submitted in accordance with such rules of procedure as the commissioner may deem appropriate, except that whenever the State Board of Education shall determine that enhancements to the code are essential to the maintenance of a thorough and efficient system of education, the enhancements shall be made part of the code; provided that the amendments do not result in standards that fall below the adopted subcodes. The Commissioner of the Department of Education shall consult with the Commissioner of the Department of Community Affairs prior to publishing the intent of the State Board to adopt any amendments to the Uniform Construction Code. Upon adoption of any amendments by the State Board of Education they shall be transmitted forthwith to the Commissioner of the Department of Community Affairs who shall publish and incorporate the amendments as part of the Uniform Construction Code and the amendments shall be enforceable as if they had been adopted by the commissioner.
At least 45 days prior to the final date for the submission of amendments or code change proposals to the National Model Code Adoption Agency, the code of which has been adopted as a subcode under this act, the commissioner shall hold a public hearing in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), at which testimony on any application recommending a State sponsored code change proposal will be heard.
The commissioner shall maintain a file of such applications, which shall be made available to the public upon request and upon payment of a fee to cover the cost of copying and mailing.
After public hearing, the code advisory board shall review any such applications and testimony and shall within 20 days of such hearing present its own recommendations to the commissioner.
The commissioner may adopt, reject or return such recommendations to the code advisory board for further deliberation. If adopted, any such proposal shall be presented to the subsequent meeting of the National Model Code Agency by the commissioner or by persons designated by the commissioner as a State sponsored code change proposal. Nothing herein, however, shall limit the right of any municipality, the department, or any other person from presenting amendments to the National Model Code Agency on its own initiative.
The commissioner may adopt further rules and regulations pursuant to this subsection and may modify the procedures herein described when a model code change hearing has been scheduled so as not to permit adequate time to meet such procedures.
d. (Deleted by amendment, P.L.1983, c.496.)
e. In adopting the code or any subcode thereof pursuant to this section, the commissioner shall consult with the New Jersey Coastal Commission, established pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), to determine whether the code or subcode shall include any specific provisions or considerations for the purpose of regulating the structural design, construction, maintenance and use of buildings or structures to be erected, and the alteration, renovation, rehabilitation, repair, maintenance, removal, or demolition of buildings or structures already erected, within the coastal commission area, as defined pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2009, c.106, s.2)
48. The following are repealed:
Sections 1 through 5 of P.L.2007, c.288 (C.13:19-34 through C.13:19-37); and P.L2008, c.82 (C.13:19-38 et seq.).
49. There is appropriated from the General Fund to the New Jersey Coastal Commission the sum of $20,000,000 for the purposes of this act, including providing grants and other financial assistance to municipalities and counties for any revision of their master plans, development regulations, or other regulations which is designed to bring those plans, development regulations, or other regulations into conformance with the coastal management plan.
50. Sections 13 through 29 and sections 31 through 47 of the act shall take effect on the 30th day following the date of enactment, and the remainder of the act shall take effect immediately, but the State Treasurer and the Commissioner of Environmental Protection shall take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill establishes a New Jersey Coastal Commission ("commission"), sets forth the commission's powers, and transfers to the commission certain functions now vested in the Department of Environmental Protection (DEP) under various acts, including R.S.12:5-1 et seq. (the "waterfront development law"), "The Wetlands Act of 1970," the "Freshwater Wetlands Protection Act," the "Coastal Area Facility Review Act" (CAFRA), and the "Flood Hazard Area Control Act."
The purpose of the bill is to promote the protection, preservation and restoration of a portion of the State's coastal area, designated as the "coastal commission area" by the bill, through comprehensive planning, regulation, and intergovernmental cooperation. The powers and responsibilities for achieving these objectives are assigned to a regional commission established by the bill, to be known as the New Jersey Coastal Commission. The coastal commission area comprises the area defined in CAFRA located within the counties of Atlantic, Cape May, Ocean, Monmouth, and Middlesex. For the purposes of this bill, the coastal commission area does not include that portion of the CAFRA region located in Burlington, Cumberland, and Salem counties.
Section 4 of the bill establishes the commission as an instrumentality of the State exercising essential government functions, and allocates the commission to the DEP, but makes the commission independent of department supervision or control.
The commission is to consist of 19 members, as follows: 10 residents of the counties of Atlantic, Cape May, Middlesex, Monmouth, and Ocean, of whom two from each county would be appointed by the Governor upon the recommendation of the respective county governing body, provided however that (a) no more than five are to be of the same political party and (b) five are to be municipal officials residing in the coastal commission area and holding elective office at the time of appointment and five are to be county officials holding elective office at the time of appointment; and nine residents of the State, of whom three are to be appointed by the Governor with the advice and consent of the Senate, three are to be appointed by the Governor upon the recommendation of the President of the Senate, and three are to be appointed by the Governor upon the recommendation of the Speaker of the General Assembly. In addition, these nine members are to have, to the maximum extent practicable, demonstrated expertise and interest in coastal issues and be actively connected with, or have experience in: natural resources protection, environmental protection, water quality protection, agriculture, forestry, land use, or economic development. The members are to be appointed to the commission within 30 days after the date of enactment of the bill into law. In addition, the commission is directed to request the United States Army Corps of Engineers (USACOE), the United States Environmental Protection Agency, the United States Coast Guard, and the National Oceanic and Atmospheric Administration to each appoint a representative to serve as an advisor to the commission.
Actions taken by the commission and recorded in the minutes are be subject to review and approval or disapproval by the Governor. The commission is required to file annual reports on its activities with the Governor and the Legislature.
Section 6 provides that the commission shall have jurisdiction within the coastal commission area for: (1) all planning activities and all approvals related to applications for development; (2) all activities related to land use permitting and approvals; (3) all beach erosion and shore protection projects undertaken or proposed to be undertaken; and (4) the oversight of disbursement and use of any federal monies received from the Federal Emergency Management Agency (FEMA) or any other source related to reconstruction from the effects of Hurricane Sandy.
Section 6 further provides that the commission shall exercise its power to: (1) protect, preserve, and restore the environmental quality and natural resources of the New Jersey's coastal commission area, and, consistent with the protection and preservation thereof, maintain the long-term economic viability of the coastal commission area, and ensure public access to, and use or enjoyment of, the natural, scenic, recreation, and historic resources in the coastal commission area; (2) provide a comprehensive approach to protecting the environment by managing growth in the coastal commission area, noting regional differences and acting in close cooperation with local government units; (3) protect the ocean's renewable resources by acting to improve the quality of near coastal and estuary waters and coastal habitats; (4) preserve and promote the natural, scenic, recreation, and historic aspects of the coastal commission area; and (5) ensure that regulations governing the coastal commission area are understandable and provide for the widest public participation in the commission's decision making processes.
Section 7 enumerates the extensive general powers and duties of the commission, which include but are not limited to: (1) appointing advisory boards, councils, or panels to assist in its activities, including but not limited to a municipal advisory council consisting of mayors, municipal council members, or other representatives of municipalities located in the coastal commission area; (2) soliciting and considering public input and comment on the commission's activities, the coastal management plan, and other issues and matters of importance in the coastal commission area by periodically holding public hearings or conferences and providing other opportunities for such input and comment by interested parties; (3) preparing and transmitting to the DEP Commissioner and the Legislature such recommendations for additional or more stringent water quality standards for surface and ground waters in the coastal commission area, or in tributaries and watersheds within or outside the coastal commission area and for other environmental protection standards pertaining to the lands and natural resources of the coastal commission area, as the commission deems appropriate; (4) identifying and designating areas within which development shall not occur in order to protect water resources and environmentally sensitive lands while recognizing the need to provide just compensation to the owners of those lands when appropriate, whether through acquisition, transfer of development rights programs, or other means or strategies; (5) identifying lands in which the public acquisition of a fee simple or lesser interest therein is necessary or desirable in order to ensure the preservation thereof, or to provide sites for public recreation; (6) developing model land use ordinances and other development regulations, for consideration and adoption by municipalities in the coastal commission area; (7) commenting upon any application for development before a local government unit, on the adoption of any master plan, development regulation, or other regulation by a local government unit, or on the enforcement by a local government unit of any development regulation or other regulation; (8) working with interested municipalities to enter into agreements to establish, where appropriate, capacity-based development densities, including, but not limited to, appropriate higher densities to support transit villages or in centers designated by the State Development and Redevelopment Plan; (9) promoting conservation of water resources and brownfield remediation and redevelopment in the coastal commission area; (10) adopting rules and regulations, pursuant to the provisions of the "Administrative Procedure Act," as may be necessary in order for the commission to exercise its powers and perform its duties and responsibilities, including the establishment of reasonable fees; (11) submitting annual reports to the Governor and Legislature; (12) auditing the actions of local government units as those actions relate to conformance with the coastal management plan required by section 8 of the bill; (13) considering any matter relating to the protection, maintenance, and restoration of coastal and ocean resources, including the coordination and development of a research agenda on ecosystem-based management; (14) reviewing any State project planned within the coastal commission area for conformance with the coastal management plan; and (15) coordinating with the State Office of Emergency Management, the USACOE, and FEMA to conduct and review any assessment of the damage, and any associated recovery efforts, caused by Hurricane Sandy or any other major storm event that impacts the coastal commission area.
In addition, as set forth in the bill, the commission would be responsible in the coastal commission area for implementing State laws concerning land use and beach erosion and shore protection that are current the responsibility of the DEP.
Section 8 requires, within nine months of its organizational meeting, and after public hearings in each county within the coastal commission area, the commission to adopt a coastal management plan. The plan is to be reviewed, revised, and readopted at least once every five years. The commission is to provide for maximum feasible local government and public participation in the plan's preparation, and consider input from federal, State, county and municipal entities in preparing the plan. The coastal management plan is to be closely coordinated with the provisions of the State Development and Redevelopment Plan, though exempt therefrom, and the Pinelands Comprehensive Management Plan. The goal of coastal management plan is to protect, preserve and, where practicable, restore, the natural resources and environmental qualities of the coastal commission area.
Section 9 prescribes the main components of the coastal management plan, which include:
(1) a comprehensive statement of policies for protecting coastal resources and managing development, including the channeling of development into areas already developed or having the infrastructure therefor, or areas where the infrastructure can be efficiently and economically provided;
(2) a resource assessment that determines the types and amounts of development and other human activities that can be sustained by the coastal commission area ecosystems, and identifies natural, scenic, open space and outdoor recreation resources of the coastal commission area, and the public policies required to maintain or restore these resources;
(3) a land use capability component for designating growth areas and special land use areas;
(4) identification of land and water protection and management techniques and other mechanisms that could be utilized by State, regional and local governmental entities to effectuate the policies and purposes of the coastal management plan;
(5) a reference guide of technical planning standards and guidelines use in preparing the coastal management plan;
(6) regional planning standards and guidelines for transportation, housing and other land uses, and for effectuating intergovernmental coordination;
(7) a public access and use component;
(8) a five-year coastal commission area capital improvement program; and
(9) a financial component detailing the cost of implementing the coastal management plan and the revenue sources therefor.
Section 10 requires preparation of the coastal management plan to include an infrastructure needs assessment, a research needs assessment, and a natural resources inventory. The commission is also required to conduct, or cooperate in the conduct of, research on the health and environmental effects of water quality.
Section 11 requires all State, regional, county and municipal government entities to comply with the coastal management plan. The commission is to establish, consistent with the coastal management plan, minimum standards for the adoption and revision, as applicable, of municipal and county master plans, development regulations and capital improvement programs. Within six months after the adoption or readoption of the coastal management plan, each county and municipality in the coastal commission area is required to submit, as applicable, its master plan, development regulations, and capital improvement program to the commission for a determination as to whether the plan, regulations and program are in conformity with the coastal management plan. The commission is also directed to audit the actions of affected counties and municipalities to determine if they conform to the coastal management plan. The bill sets forth criteria for determining, and the implications of, county or municipal nonconformance with the coastal management plan.
The commission is also directed to develop a coordination and consistency plan for achieving intergovernmental coordination of policies and programs to promote the policies and goals of the coastal management plan, and for integrating into the plan land, water and structures managed in the public interest by governmental or nongovernmental entities.
Section 11 further provides that no approval, as defined by the "Permit Extension Act of 2008," P.L.2008, c.78 (C.40:55D-136.1 et seq.), within the coastal commission area shall be automatically extended or tolled by that act.
Section 12 creates four regional advisory councils for the purpose of advising the commission in all of its actions, including but not limited to, the development of the coastal management plan, project priority lists, other plans, rules and regulations, and any other matter referred to the councils by the commission.
Sections 13 through 21 transfers to the commission, from the Department of Environmental Protection, the primary authority within the coastal commission area for the issuance of permits, approvals or other authorizations pursuant to R.S.12:5-1 et seq. (commonly referred to as the "waterfront development law"), "The Wetlands Act of 1970" (commonly referred to as the "coastal wetlands act"), the "Freshwater Wetlands Protection Act," the "Coastal Area Facility Review Act" (commonly referred to as "CAFRA"), and the "Flood Hazard Area Control Act." The commission may develop a single permitting process and issue a coastal environmental land use permit for proposed developments in the coastal commission area, but the review would remain subject to the separate provisions of each law applicable thereto, except as otherwise provided in this bill.
Section 22 provides that the commission shall be responsible for all beach erosion and shore protection projects undertaken or proposed to be undertaken within the coastal commission area. The primary authority for shore protection activities pursuant to the following statutes, currently the responsibility of the DEP, would be transferred to the commission for the coastal commission area: P.L.1940, c.52 (C.12:6A-1 et seq.) (concerning beach erosion and shore protection projects); P.L.1992, c.148 (C.13:19-16.1 et al.) (i.e., the Shore Protection Fund); P.L.1997, c.384 (C.13:19-16.2) (priority list for shore protection projects); P.L.1995, c.19 (C.13:19-31 et seq.) (eligibility requirements for federal monies related to shore protection programs and disaster aid), and the "Shore Protection Bond Act of 1983," P.L.1983, c.356. In addition, section 22: authorizes the commission to prepare and update a priority list for beach erosion or shore protection projects eligible for financial assistance from the commission, the State, or federal government entities; provides that the commission may undertake a beach erosion or shore protection project in a joint venture with a federal, State or local government unit, with the commission providing financial, technical or managerial assistance to the venture; and grants the commission the power of eminent domain for the purposes of acquiring lands necessary for a beach erosion or shore protection project.
Section 23 of the bill requires the DEP Commissioner to transfer any staff employed by the DEP specifically for, or related to, the administration and enforcement of statutes concerning land use permitting and beach erosion and shore protection activities in the coastal commission area to the New Jersey Coastal Commission for the purposes of implementing the provisions of this bill.
Section 24 requires the State Treasurer to reallocate any State funds appropriated to the DEP specifically for, or related, to the administration and enforcement of various listed statutes concerning land use permitting and beach erosion and shore protection activities in the coastal commission area to the New Jersey Coastal Commission for the purposes of implementing the provisions of this bill upon enactment into law.
Section 25 of the bill provides that the commission shall be responsible for the dissemination, administration, and oversight of any monies received from FEMA or any other source related to disaster assistance or recovery from the impacts of Hurricane Sandy or other major storm event within the coastal commission area.
The remaining sections of the bill amend current law to reflect creation of the New Jersey Coastal Commission.
Sections 26 through 29 amend current law to transfer to the commission jurisdiction over waterfront and harbor facilities, navigable waters in the coastal commission area, and authority to repair, construct, or reconstruct bulkheads, seawalls, breakwaters, groins, jetties, beachfills, dunes and other appurtenant structures within the coastal commission area.
Section 30 amends subsection w. of section 12 of P.L.1970, c.33 (C.13:1D-9), which grants the DEP the authority to conduct research and implement plans and programs to promote ecosystem-based management, to add the definition of "ecosystem-based management" currently contained in P.L.2007, c.288 (C.13:19-34 et seq.) which is a statute that would be repealed upon the enactment of the bill into law.
Section 31 amends section 1 of P.L.1975, c.232 (C.13:1D-29) (commonly referred to as the "90 Day Law") to provide that the definition of "construction permit" does not include any development, regulated activity, permit or approval within the coastal commission area and under the jurisdiction of the commission.
Section 32 amends CAFRA to delete the exemption from CAFRA permitting requirements pertaining to the reconstruction of any development that is damaged or destroyed, in whole or in part, by fire, storm, natural hazard or act of God. Current law provides that such reconstruction does not require a CAFRA permit from the DEP, provided that the reconstruction is in compliance with existing requirements or codes of municipal, State, and federal law. This bill deletes this exemption, thus a permit would be required from the commission for reconstruction if the development is subject to the regulatory thresholds of CAFRA. This change would apply throughout the CAFRA area, not just within the coastal commission area.
Sections 33 through 35, 42 and 43 of the bill amend existing law concerning the Shore Protection Fund and beach erosion and shore protection projects.
Sections 36 through 41 of the bill amend the "New Jersey Adopt a Beach Act," P.L.1992, c.213 (C.13:19-22 et seq.) to reflect the establishment of the New Jersey Coastal Commission.
Section 44 amends the duties of the State Mosquito Control Commission to reflect the establishment of the New Jersey Coastal Commission.
Section 45 amends P.L.1993, c.168, the law that established the coastal protection license plate program, to reflect the establishment of the New Jersey Coastal Commission.
Section 46 exempts the commission's coastal management plan from the State Development and Redevelopment Plan.
Section 47 amends the law concerning the adoption of the Uniform Construction Code to direct the Commissioner of Community Affairs, when adopting the code or any subcode thereof, to consult with the New Jersey Coastal Commission to determine whether the code or subcode should include any specific provisions or considerations for the purpose of regulating the structural design, construction, maintenance and use of buildings or structures to be erected, and the alteration, renovation, rehabilitation, repair, maintenance, removal, or demolition of buildings or structures already erected, within the coastal commission area.
Section 48 repeals P.L.2007, c.288 (C.13:19-34 et seq.) (which establishes the "New Jersey Coastal and Ocean Protection Council") and the "Public Access and Marina Safety Task Force Act," P.L.2008, c.82 (C.13:19-38 et seq.). The commission established by this bill would essentially assume the duties of the New Jersey Coastal and Ocean Protection Council to consider any matter relating to the protection, maintenance, and restoration of coastal and ocean resources, including the coordination and development of a research agenda on ecosystem-based management. The coastal management plan to be developed pursuant to this bill would include policies to provide for the protection, maintenance, and restoration of healthy coastal and ocean ecosystems, and incorporate ecosystem-based management approaches. The "Public Access and Marina Safety Task Force Act" established a moratorium on the implementation of certain "public access" rules of the DEP. That moratorium expired on December 31, 2010.
Section 49 of the bill appropriates $20 million from the General Fund to the commission for the purposes of this bill, including for providing grants and other financial assistance to municipalities and counties for any revision of their master plans, development regulations, or other regulations which is designed to bring those plans, development regulations, or other regulations into conformance with the coastal management plan.
Lastly, sections 13 through 29, and sections 31 through 47, inclusive, (i.e., the sections of the bill that transfer responsibilities from the DEP to the new commission and amend current law to reflect the establishment of the new commission) would take effect on the 30th day following the date of enactment of the bill into law, and the remainder of the bill would take effect immediately.
