[First Reprint]

ASSEMBLY, No. 4881

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED OCTOBER 26, 2020

 


 

Sponsored by:

Assemblyman  LOUIS D. GREENWALD

District 6 (Burlington and Camden)

Assemblyman  VINCENT MAZZEO

District 2 (Atlantic)

 

Co-Sponsored by:

Assemblywoman Chaparro and Assemblyman Calabrese

 

 

 

 

SYNOPSIS

     Prohibits appeal of land use decision related to holding meeting electronically.

 

CURRENT VERSION OF TEXT

     As reported by the Assembly State and Local Government Committee on March 17, 2021, with amendments.

  


An Act concerning appeals of electronic meetings held under the “Municipal Land Use Law” during 1[a declared] the1 emergency 1[, and supplementing P.L.1975, c.291 (C.40:55D-1 et seq.)] declared in response to the COVID-19 pandemic1.

 

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

 

     1[1.  Notwithstanding any provision of law, rule, or regulation to the contrary, a decision of a municipal agency based, in whole or in part, on a meeting held by means of communication or other electronic equipment, in a manner consistent with section 1 of P.L.2020, c.11 (C.10:4-9.3), shall not be appealable on grounds attributable to convening the meeting by means of communication or other electronic equipment, including but not limited to, lack of a physical quorum, lack of proper notice, or lack of a reasonable opportunity to be heard, provided that reasonable public notice and provision for public input were made under the circumstances, consistent with: section 8 of P.L.2020, c.34 (C.52:27D-18.11); and with guidance documents issued by the Division of Local Government Services in the Department of Community Affairs and published on the division’s website on or before the date of the meeting.]1

 

     11.   Notwithstanding any provision of law, rule, or regulation to the contrary, a decision of a municipal agency based, in whole or in part, on a meeting held by means of communication or other electronic equipment shall not be appealable on grounds attributable to convening the meeting by means of communication or other electronic equipment, including but not limited to, lack of a physical quorum, lack of proper notice, conduct of the meeting, or lack of a reasonable opportunity to be heard or otherwise participate in the meeting, provided that notice of the meeting, and the conduct of the meeting, is consistent with this section, and with guidance documents issued by, or rules or regulation promulgated by, the Department of Community Affairs and published on the department’s Internet website on the date the applicant requested the list pursuant to subsection c. of section 7.1 of P.L.1975, c.291 (C. 40:55D-12).  All notices required by the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) shall include directions for remote access by the public as provided to the applicant by the municipal agency.1

 

     2.    This act shall take effect immediately and shall be applicable to a meeting conducted by a municipal agency on or after March 9, 2020 and during a period declared 1, in response to the COVID-19 pandemic,1 pursuant to the laws of this State as a state of emergency, public health emergency, or both, or for a reasonable period of time following cessation of a declared emergency, if so provided by executive order.