Senator JAMES BEACH
District 6 (Burlington and Camden)
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. Notwithstanding any provision of law, rule, or regulation to the contrary, a decision of a municipal agency 1made at, or1 based, in whole or in part, on a meeting 1or proceeding1 held by means of communication or other electronic equipment 1[, in a manner consistent with section 1 of P.L.2020, c.11 (C.10:4-9.3),] such that some or all participants are not in the same physical location1 shall not be appealable on grounds attributable to convening the meeting 1or proceeding1 by means of communication or other electronic equipment, including but not limited to, lack of a physical quorum, lack of proper notice, 1conduct of the meeting or proceeding,1 or lack of a reasonable opportunity to be heard 1or otherwise participate in the meeting or proceeding1 , provided that 1[reasonable public]1 notice 1of the meeting or proceeding,1 and 1[provision for public input were made under the circumstances,] the conduct of the meeting or proceeding, is1 consistent with 1[:] this1 section 1[8 of P.L.2020, c.34 (C.52:27D-18.11);] ,1 and with guidance documents issued by 1, or rules or regulation promulgated by,1 the 1[Division of Local Government Services in the]1 Department of Community Affairs and published on the 1[division’s] department’s Internet1 website on 1[or before]1 the date 1[of the meeting] such notice was given1. 1All 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 if provided to the applicant by the municipal agency. The 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.1
2. This act shall take effect immediately and shall be applicable to a meeting 1or proceeding1 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.