[Second 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)

Senator  JAMES BEACH

District 6 (Burlington and Camden)

 

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 Senate Budget and Appropriations Committee on June 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 2made at, or2 based, in whole or in part, on a meeting 2or proceeding2 held by means of communication or other electronic equipment 2such that some or all participants are not in the same physical location2 shall not be appealable on grounds attributable to convening the meeting 2or proceeding2 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 2or proceeding2 , or lack of a reasonable opportunity to be heard or otherwise participate in the meeting 2or proceeding2 , provided that notice of the meeting 2or proceeding2 , and the conduct of the meeting 2or proceeding2 , 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 2[the applicant requested the list pursuant to subsection c. of section 7.1 of P.L.1975, c.291 (C. 40:55D-12)] such notice was given2 .  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 2[as] if2 provided to the applicant by the municipal agency.1  2The applicant shall be entitled to rely upon such directions for remote access provided by the municipal agency and the applicant’s reliance on such directions shall not invalidate any meeting or proceeding or any decision of a municipal agency made at, or based, in whole or in part, on such meeting or proceeding.2

 

      2.   This act shall take effect immediately and shall be applicable to a meeting 2or proceeding2 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.