ASSEMBLY, No. 449

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblyman ROMA and Assemblywoman HECK

An Act concerning the location of certain facilities on the projects of the New Jersey Highway Authority and supplementing P.L.1952, c.16 (C.27:12B-1 et seq.).

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

    1. a. Notwithstanding the provisions of P.L.1952, c.16 (C.27:12B-1 et seq.) or any other law to the contrary, the New Jersey Highway Authority shall not erect, or permit the erection of, a communications tower facility on any project if that facility would be located within 300 feet of a residential area in any municipality with a population of greater than 25,000 and less than 26,000, according to the 1990 federal decennial census, situated in a county of the first class with a population greater than 800,000, according the 1990 federal decennial census.

    b. Within 90 days of the effective date of this act, the authority shall relocate, or require the relocation of, any communications tower facility located on any project and within 300 feet of a residential area in any municipality with a population of greater than 25,000 and less than 26,000, according to the 1990 federal decennial census, situated in a county of the first class with a population greater than 800,000, according the 1990 federal decennial census, so that the location of the facility complies with the provisions of subsection a. of this section.

    2. This act shall take effect immediately.

STATEMENT

    This bill would prohibit the New Jersey Highway Authority from erecting communications tower facilities on any of its projects if the facilities would be located within 300 feet of a residential area in any municipality with a population of greater than 25,000 and less than 26,000, according to the 1990 federal decennial census, situated in a county of the first class with a population greater than 800,000, according to the 1990 federal decennial census. In addition, the bill requires the relocation of any existing communications tower facilities if located within 300 feet of any such residential area.

    This legislation is prompted by a concern over the health effects of electromagnetic fields. It has been suggested that there are links between exposure to electromagnetic fields and birth defects and cancer.

Requires that communications tower facilities on the Garden State Parkway be located at least 300 feet from certain residential areas.