[Second Reprint]

SENATE CONCURRENT RESOLUTION No. 39

STATE OF NEW JERSEY

217th LEGISLATURE

PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION

Sponsored by:

Senator  BOB SMITH

District 17 (Middlesex and Somerset)

Senator  LINDA R. GREENSTEIN

District 14 (Mercer and Middlesex)

Assemblyman  JOHN F. MCKEON

District 27 (Essex and Morris)

Assemblyman  DANIEL R. BENSON

District 14 (Mercer and Middlesex)

Assemblyman  TIM EUSTACE

District 38 (Bergen and Passaic)

Assemblywoman  VALERIE VAINIERI HUTTLE

District 37 (Bergen)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblywoman  MILA M. JASEY

District 27 (Essex and Morris)

Co-Sponsored by:

Senators P.Barnes, III, Codey, Lesniak, Scutari, Vitale, Turner, Weinberg, Sarlo, Diegnan, Gordon, Assemblywoman Pinkin, Assemblymen Johnson, DeAngelo, Chiaravalloti, Assemblywoman Muoio and Assemblyman Gusciora

SYNOPSIS

Amends Constitution to dedicate all State moneys received from settlements and awards in cases of environmental contamination relating to natural resource damages for certain environmental purposes.

CURRENT VERSION OF TEXT

     As amended by the Senate on November 14, 2016.

A Concurrent Resolution proposing to amend Article VIII, Section II of the Constitution of the State of New Jersey by adding a new paragraph thereto.

Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

      1.   The following proposed amendment to the Constitution of the State of New Jersey is agreed to:

PROPOSED AMENDMENT

      Amend Article VIII, Section II by adding a new paragraph 9 to read as follows:

      9.   There shall be credited annually to a special account in the General Fund an amount equivalent to the revenue annually derived from all settlements and judicial and administrative awards ²relating to natural resource damages² collected by the State in connection with claims based on environmental contamination.

      The amount annually credited pursuant to this paragraph shall be dedicated, and shall be appropriated from time to time by the Legislature, ²[only]² for paying for costs incurred by the State to repair ¹[damage to]¹, restore, ¹or replace damaged or lost natural resources of the State,¹ or permanently protect the ¹[State's]¹ natural resources ¹[, or for any of the purposes enumerated in Article VIII, Section II, paragraph 6 of the State Constitution] of the State¹ , ²[except that no more than five] or for paying the legal or other costs incurred by the State to pursue settlements and judicial and administrative awards relating to natural resource damages.  The first priority for the use of any moneys by the State to repair, restore, or replace damaged or lost natural resources of the State, or permanently protect the natural resources of the State, pursuant to this paragraph shall be in the immediate area in which the damage to the natural resources occurred in connection with the claim for which the moneys were recovered.  If no reasonable project is available to satisfy the first priority for the use of the moneys, or there are moneys available after satisfying the first priority for their use, the second priority for the use of any moneys by the State to repair, restore, or replace damaged or lost natural resources of the State, or permanently protect the natural resources of the State, pursuant to this paragraph shall be in the same water region in which the damage to the natural resources occurred in connection with the claim for which the moneys were recovered.  If no reasonable project is available to satisfy the first or second priority for the use of the moneys, or there are moneys available after satisfying the first or second priority for their use, the moneys may be used by the State to repair, restore, or replace damaged or lost natural resources of the State, or permanently protect the natural resources of the State, pursuant to this paragraph without geographic constraints.  Up to 10² percent of the moneys appropriated pursuant to this paragraph may be expended for administrative costs of the State or its departments, agencies, or authorities for the purposes authorized in this paragraph.

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Secretary of State, not less than three months prior to the general election.

      3.   This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

      There shall be printed on each official ballot to be used at the general election, the following:

      a.   In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

      If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

      b.   In every municipality the following question:

CONSTITUTIONAL AMENDMENT DEDICATING MONEYS FROM STATE ENVIRONMENTAL CONTAMINATION CASES

YES

Do you approve amending the Constitution to dedicate all moneys collected by the State ^2relating to natural resource damages^2 in cases of contamination of the environment?  The moneys would have to be used ^2[only]^2 ^1[for environmental purposes] to repair, restore, replace, or preserve the State’s natural resources^1.  ^2The moneys may also be used to pay legal or other costs incurred by the State in pursuing its claims.^2

INTERPRETIVE STATEMENT

NO

This amendment would dedicate ^2[all]^2 moneys collected by the State ^2relating to natural resource damages^2through settlements or awards for legal claims based on environmental contamination.  These moneys would be dedicated ^1[solely for environmental purposes.  These purposes could include preserving, repairing, or restoring] to repair, replace, or restore damaged^1 natural resources ^2, or to preserve the State’s natural resources.  The moneys would be spent in an area as close as possible to the geographical area in which the damage occurred^2.  ^2[They] The moneys^2 ^1[may] could^1 also ^1[include cleaning contaminated sites and underground storage tank sites, funding water quality programs, or preserving open space, farmland, or historic buildings or sites] be used ^2[to preserve the State’s natural resources^1]to pay for  the State’s legal or other costs in pursuing the claims^2.  Currently, these moneys may be used for any State purpose.