A3130

An Act concerning the conservation and protection of watershed properties, and amending and supplementing P.L.1988, c.163.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.1988, c.163 is amended to read as follows:

2. a. There is established in the Department of Environmental Protection a Watershed Property Review Board, which shall consist of the Commissioner of [the Department of] Environmental Protection or the commissioner’s designee, the Commissioner of [the Department of] Community Affairs or the commissioner’s designee, and the President of the Board of Public Utilities or the president’s designee. The Watershed Property Review Board shall be authorized to exempt from the provisions of section 1 of [this act] P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19, the conveyance of watershed property if the person applying for the exemption demonstrates to the Watershed Property Review Board that there is a compelling public need for the conveyance of the property, that the denial of the exemption would result in extraordinary hardship, or that the sale or development of the watershed property is otherwise consistent with the purposes of [this act] P.L.1988, c.163, as amended by P.L.1990, c.19. Any person applying for an exemption pursuant to the provisions of this section shall submit to the board appropriate documentation (1) demonstrating that the property is not watershed property, or (2) for watershed property, addressing the issue of buffer areas surrounding public water supplies, [and shall also provide the board] with proposals for the mitigation of any adverse environmental impact which would result from an exemption applied for pursuant to the provisions of this section.

b. A determination by the Watershed Property Review Board to grant or deny an exemption from the provisions of section 1 of [this act shall constitute the final agency action on the matter, and shall] P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19, shall be made within 30 days after receipt of an application for an exemption.

If the board denies a request for an exemption, the person applying for the exemption may contest the decision before an administrative law judge as a contested case in accordance with the procedures set forth in the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.). A determination may also be subject [only] to judicial review as provided in the Rules of Court.

c. Prior to making a final determination on an application for an exemption from the provisions of section 1 of [this act] P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19, the Watershed Property Review Board may refer the application to the Office of Administrative Law, which shall conduct a hearing and issue recommendations based on findings of fact and conclusions of law for consideration by the Watershed Property Review Board in making its determination. The Watershed Property Review Board shall make its final determination within 15 days of receipt of the recommendations and conclusions of law, provided by the Office of Administrative Law.

d. The provisions of section 1 of P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19, shall not apply to any watershed property conveyed to a municipal or county government entity for the purposes of supporting open space, conservation or recreation or through the Green Acres program or another similar State program, as determined by the department.

e. As used in this section:

“Conveyance” or “conveyed” means a transfer of title to watershed property through sale, grant of a permanent leasehold interest, or easement.

“Green Acres program” means the same as defined pursuant to section 1 of P.L.1983, c.324 (C.13:1L-3).

“Watershed property” means land utilized and owned by a municipality, municipal utilities authority, or public utility for the purpose of the protection of a public water supply, but shall not include lands subject to regulation pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.) or P.L.1973, c.185 (C.13:19-1 et seq.), or lands utilized and owned by a municipality, municipal utilities authority, or public utility for purposes other than the protection of a public water supply.

(cf: P.L.1988, c.163, s.2)

2. Section 4 of P.L.1988, c.163 (C.48:2-23.1) is amended to read as follows:

4. a. (1) The Board of Public Utilities, in reviewing a request by a public utility to convey land utilized for the purpose of the protection of a public water supply to a corporation or other entity which is not subject to the jurisdiction of the board, shall request the [Department of Environmental Protection] Watershed Property Review Board to review and make recommendations on an assessment, prepared and submitted by the utility, of the impact that the conveyance, and the prospective use or uses of the land conveyed, would have on the water quality of the affected public water supply, and shall require the [department] Watershed Property Review Board to assess the impact of the conveyance on the State's open space, conservation, and recreation requirements. The [department] Watershed Property Review Board, upon receipt of a request by the [board] Board of Public Utilities for an assessment and a review pursuant to this [subsection] paragraph , shall prepare and submit to the [board] Board of Public Utilities the assessment and review within [12 months] 90 days of the request therefor.

(2) The Board of Public Utilities, in reviewing a request by a public utility to convey land utilized for the purpose of the protection of a public water supply to a government entity, such as a municipality or county, shall request the Watershed Property Review Board to review and make recommendations on an assessment, prepared and submitted by the utility, of the impact that the conveyance, and the prospective use or uses of the land conveyed, would have on the water quality of the affected public water supply, and shall require the Watershed Property Review Board to assess the impact of the conveyance on the State's open space, conservation, and recreation requirements. The Watershed Property Review Board, upon receipt of a request by the Board of Public Utilities for an assessment and a review pursuant to this paragraph, shall prepare and submit to the Board of Public Utilities the assessment and review within 30 days of the request therefor.

b. Any public utility requesting the [board] Board of Public Utilities to approve a conveyance of land utilized for the purpose of the protection of a public water supply to a corporation, government entity, or other entity which is not subject to the jurisdiction of the [board] Board of Public Utilities shall submit to the [board] Board of Public Utilities a document setting forth a detailed explanation of the prospective use or uses of the land to be conveyed. The [board] Board of Public Utilities, upon receipt of this document, may require the public utility to submit any additional information which the [board] Board of Public Utilities deems appropriate.

(cf: P.L.1988, c.163, s.4)

3. (New section) a. The Watershed Property Review Board shall be subject to the provisions of the “Senator Byron M. Baer Open Public Meetings Act,” P.L.1975, c.231 (C.10:4-6).

b. All decisions, determinations, and rulings by the Watershed Property Review Board, including any reasons set forth by the board in making a decision, determination, or ruling, shall be considered public records and posted on the Internet website of the Department of Environmental Protection. The website shall also provide information about the board, the watershed moratorium established pursuant to section 1 of P.L.1988, c.163, as amended by section 1 of P.L.1990, c.19, and the process for a public utility to receive an exemption from the moratorium in order to convey land utilized for the purpose of the protection of a public water supply.

4. (New section) Within 180 days after the effective date of this act, the Department of Environmental Protection shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B‑1 et seq.), rules and regulations as necessary to effectuate the purposes of this act.

5. This act shall take effect immediately.

STATEMENT

This bill would make revisions to the Watershed Property Review Board (hereinafter referred to as the “board”), created by P.L.1988, c.163 as amended by P.L.1990, c.19, which has the authority to exempt the conveyance of property from the watershed moratorium established by that act. The bill would allow the board members, consisting of the Commissioner of Environmental Protection, Commissioner of Community Affairs, and President of the Board of Public Utilities (BPU), to appoint their respective designees to perform the duties required of the board.

The bill provides that a person applying for an exemption may contest the decision of the board before an Administrative Law Judge as a contested case in accordance with the “Administrative Procedure Act.”

The bill would also provide that the moratorium would not apply to any watershed property conveyed to a municipal or county government entity for the purposes of supporting open space, conservation or recreation or through the Green Acres program or another similar State program as determined by the Department of Environmental Protection (DEP).

Under the bill, the Watershed Property Review Board would also be made subject to the “Senator Byron M. Baer Open Public Meetings Act,” and would be required to post all rulings and determinations and reasons therefor on the website of the DEP. Any such rulings and determinations would be considered public records. The bill would also require the board to act on an application for exemption from the moratorium within 30 days.

Current law requires the BPU, in reviewing a request by a public utility to convey land utilized for the purpose of the protection of a public water supply to a corporation or other entity which is not subject to the jurisdiction of the BPU, to request the DEP to review and make recommendations on an assessment, prepared and submitted by the utility, of the impact that the conveyance, including the impact on open space, conservation, and recreation. This bill would change the requirement that DEP submit the assessment to the BPU within one year to instead be that the board submit it to the BPU within 90 days. Additionally, the bill provides that when a public utility wishes to convey land utilized for the purpose of the protection of a public water supply to a government entity, such as a municipality or county, the board would expedite its submission to the BPU within 30 days.