[First Reprint]
ASSEMBLY, No. 999
STATE OF NEW JERSEY
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblymen MORAN and CONNORS
An Act authorizing the creation by any county in this State of a county environmental commission and supplementing chapter 56A of Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. 1As used in this act, the term "environmental commission" shall also mean and include an environmental council and an environmental agency.1
The governing body of any county may by resolution or ordinance, as appropriate, establish an environmental commission for the protection, 1[development or] management and planning for the1 use of natural resources, including water resources, located within its territorial limits 1, and may prepare and adopt bylaws for the operation of the commission, including, but not limited to, the number of members, the powers and duties of the members and any other matters as may be deemed necessary and appropriate by the governing body. The members of the commission may petition the governing body for changes to the bylaws. The resolution or ordinance may designate the environmental commission to be an advisory body to the county planning board. The resolution, ordinance or bylaws shall determine the number of members of the commission. The governing body shall appoint the members of the commission, all of whom shall be residents of the county. The governing body may appoint a member of the planning board to serve as a member of the commission1. The 1[commission shall consist of not less than five nor more than seven members, appointed by the governing body, all of whom shall be residents of the county; the]1 members shall serve without compensation except as hereinafter provided. The governing body 1[shall] may1 designate one of the members to serve as chairman and presiding officer of the commission 1, and one member to serve as vice-chairman of the commission, or the governing body may provide in the ordinance, resolution or bylaws, as appropriate, that the members of the commission shall designate a chairman and vice-chairman1. The terms of office of the first commissioners shall be for one, two or three years, to be designated by the governing body in making its appointments so that the terms of approximately 1/3 of the members will expire each year, and their successors shall be appointed for terms of three years and until the appointment and qualification of their successors. 1A member of the commission may be appointed to succeed himself. The term of an environmental commission member who is also a planning board member shall coincide with that person's planning board term. A member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest.1 The governing body may remove any member of the commission for cause, on written charges served upon the member and after a hearing thereon at which the member shall be entitled to be heard in person or by counsel. A vacancy on the commission occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.
The governing body may, by 1ordinance or1 resolution, 1as appropriate,1 provide for the appointment of not more than two alternate members. 1[Notwithstanding the provisions of any other law or charter heretofore adopted, the] The ordinance or1 resolution shall provide the method of appointment of alternate members. Alternate members shall be designated at the time of appointment by the authority appointing them as "Alternate No. 1" and "Alternate No. 2."
The terms of the alternate members shall be for 1[two years, except that the terms of the alternate members first appointed shall be two years for Alternate No. 1 and one year for Alternate No. 2 so that the term of not more than one alternate member shall expire in any]1 one year. A vacancy occurring otherwise than by expiration of term shall be filled by the governing body for the unexpired term only.
An alternate member shall not be permitted to act on any matter in which he has either directly or indirectly any personal or financial interest. An alternate member may, after public hearing if he requests one, be removed by the governing body for cause.
An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member. In the event that a choice must be made as to which alternate member is to vote, Alternate No. 1 shall vote first.
2. An environmental commission organized under this act shall 1,at the direction of the governing body or pursuant to the contents of the bylaws, as appropriate,1 have power to conduct research 1[into the use and possible use of the open land areas of the county and may coordinate the activities of unofficial bodies organized for similar purposes, and may advertise,] relative to regional environmental impacts of land use decisions; collect and monitor environmental data; provide environmental education opportunities within the county; promote a regional dialog between municipalities, the county, and where appropriate, the State;1 prepare, print and distribute books, maps, charts, plans and pamphlets 1[which in its judgment it deems necessary for its purposes. It shall];1 keep an index of 1[all]1 open 1[areas, publicly or privately owned, including open marshlands, swamps and other wetlands,] space, landscape, water, soil, geology, and marine resources, flora and fauna, and the quality of ambient air and water,1 in order to obtain information on the proper use 1and management1 of such 1[areas, and may from time to time recommend] resources; advise and make recommendations1 to the planning board or, if none, to the governing body 1, relative to regional environmental issues and impacts of1 plans and programs for inclusion in a county master plan 1;1 and 1[the development and use of such areas]other duties and responsibilities as may be required of the commission by ordinance or resolution, as appropriate, of the governing body1.
3. An environmental commission may, subject to the approval of the governing body, acquire property, both real and personal, in the name of the 1[municipality] county1 by gift, purchase, grant, bequest, devise or lease for any of its purposes and shall administer the same for such purposes subject to the terms of the conveyance or gift. Such an acquisition may be to acquire the fee or any lesser interest, development right, easement (including conservation easement), covenant or other contractual right (including a conveyance on conditions or with limitations or reversions), as may be necessary to acquire, maintain, improve, protect, limit the future use of, or otherwise conserve and properly utilize open spaces and other land and water areas in the county.
4. An environmental commission shall keep records of its meetings and activities and shall make an annual report to the governing body of the county.
5. The governing body may appropriate funds for the expenses incurred by the environmental commission. The commission may appoint such clerks and other employees as it may from time to time require and as shall be within the limits of funds appropriated to it.
6. An environmental commission 1[shall have power to ] may, at the direction of the governing body,1 study and make recommendations concerning open space preservation, water resources management, air pollution control, solid waste management, noise control, soil and landscape protection, environmental appearance, marine resources and protection of flora and fauna 1, unless there exists within the county an advisory body to the governing body or the planning board on the matter1.
7. a. The governing bodies of two or more counties may, by adoption of substantially similar resolutions, create a joint environmental commission for the 1coordinated1 protection, development or use of natural resources, including water resources located within their combined territorial limits.
b. The number and qualifications of the members of such a joint environmental commission, and their terms and methods of appointment or removal shall be such as may be determined and agreed upon by the governing bodies and set forth in the resolution or ordinance, as appropriate, creating such joint commission, except that
(1) when such joint commission is created by two counties only, there shall be at least three members from each county;
(2) when such joint commission is created by three or more counties, there shall be at least two members from each county;
(3) a majority of the members of the joint commission shall hold no other public office, except membership on a planning board.
c. Members of the 1joint1 commission shall serve without compensation, but may receive reimbursement for actual expenses necessarily incurred in the performance of their duties as members of the commission 1, if funds are available1.
8. A joint environmental commission shall elect its chairman, who shall hold no other public office or position, except that he may be a member of a planning board. The term of the chairman shall be one year 1[, and that person shall be eligible to succeed himself unless the resolution creating the commission shall otherwise provide]1. The resolution creating the 1joint1 commission may provide that the chairmanship of the 1joint1 commission be rotated annually so that over each period of years corresponding to the number of participating counties it shall be held in each year by a member appointed from a different participating county.
9. The proportion of the expenses of the joint environmental commission to be borne by each participating county shall be such as may be determined and agreed upon by the participating counties, and the participating counties are hereby authorized to appropriate their respective shares of such expenses. Within the limits thus agreed upon and duly appropriated the 1joint1 commission may employ such clerical and technical or other assistants and may incur such other expenses as it may deem necessary to carry out its functions.
10. A 1joint1 commission created by two or more counties shall have, with respect to all the participating counties, and to each of them, all the functions, duties and powers of 1[an] a county1 environmental commission established in a single county under the provisions of this act.
1[11. If any county with an established environmental commission shall enter into participation in a joint environmental commission, the environmental commission previously established shall be abolished upon the taking effect of the resolution establishing the joint environmental commission, and the terms of the members of the abolished environmental commission shall immediately cease and terminate. Except as may otherwise be provided in the resolution establishing such joint commission, all employees of such abolished environmental commission and all the records, property and funds in its possession or under its control shall be transferred to the joint environmental commission, and all its debts and other financial obligations shall be assumed by the joint environmental commission.]1
1[12] 111. Any county environmental commission 1, council1 or agency which was in existence at the time 1of the enactment of1 P.L. , c. (C. ) (now pending before the Legislature as this bill) 1[was enacted]1, shall 1not be required to adopt the provisions of this act and shall be permitted to1 continue to operate 1[as a county environmental commission under the provisions of this act] in the same manner as it operated prior to the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill.)1.
1[13.] 12.1 This act shall take effect on the first day of the fourth month next following enactment.
Authorizes counties to create environmental commissions.