[Third Reprint]

SENATE, No. 212

STATE OF NEW JERSEY

214th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION

 

 

Sponsored by:

Senator  JIM WHELAN

District 2 (Atlantic)

Assemblyman  MATTHEW W. MILAM

District 1 (Cape May, Atlantic and Cumberland)

Assemblyman  NELSON T. ALBANO

District 1 (Cape May, Atlantic and Cumberland)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  JOHN F. MCKEON

District 27 (Essex)

Assemblyman  REED GUSCIORA

District 15 (Mercer)

Assemblywoman  BONNIE WATSON COLEMAN

District 15 (Mercer)

 

Co-Sponsored by:

Assemblymen Rible, Chivukula and Senator Turner

 

 

 

 

SYNOPSIS

     Allows construction of wind dependent energy facilities on piers within 500 feet of mean high water line of tidal waters.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on October 25, 2010.

  


An Act concerning wind dependent energy facilities in 2[certain parts of]2 the coastal area and supplementing P.L.1973, c.185 (C.13:19-1 et seq.).

 

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

 

     1.    a.  Notwithstanding the provisions of any rule or regulation adopted pursuant to P.L.1973, c.185 (C.13:19-1 et seq.) to the contrary, construction of a wind dependent energy facility shall not be prohibited within 500 feet of the mean high water line of tidal waters 1on a pier 2[in existence on the effective date of this act,1]2 pursuant to P.L.1973, c.185, provided that 3(1)3 the permit application filed with the department meets all other criteria established by P.L.1973, c.185, any rules and regulations adopted pursuant thereto, and any other applicable law, rule or regulation 3, and (2) the wind dependent energy facility is an accessory use to the other uses of, or purposes for, the pier3 .

     b.    Within 30 days after the date of enactment of this act, and notwithstanding any provision of the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the department shall adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as deemed necessary to implement the provisions of this act which shall be effective for a period not to exceed 12 months and shall thereafter be amended, adopted or readopted in accordance with the provisions of P.L.1968, c.410.

     2[c. The provisions of this section shall apply only to the construction of a wind dependent energy facility in a municipality in which casino gaming is authorized.]2

 

     2.    This act shall take effect immediately.