ASSEMBLY, No. 1406

 

STATE OF NEW JERSEY

 

INTRODUCED JANUARY 29, 1996

 

 

By Assemblyman GIBSON

 

 

An Act concerning the State Development and Redevelopment Plan, amending and supplementing P.L.1989, c.332.

 

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

 

    1. Section 1 of P.L.1989, c.332 (C.52:18A-202.1) is amended to read as follows:

    1. The Legislature finds and declares that:

    a. There are many concerns associated with the design and implementation of the State Development and Redevelopment Plan (hereafter referred to as the "Plan"), including:

    (1) maintaining beneficial growth;

    (2) improving environmental quality;

    (3) assuring cost-effective delivery of infrastructure and other public services;

    (4) improving intergovernmental coordination;

    (5) preserving the quality of community life; and

    (6) redeveloping the State's major urban areas.

    b. Each of these concerns is an important issue for further study and each should serve as a measure of the efficacy of the Plan.

    c. However, these concerns are not mutually exclusive and, therefore, a balance among them must be achieved to maximize the well-being for the State and its residents.

    d. The process of cross-acceptance of the State Development and Redevelopment Plan required under the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et seq.), is a process designed to elicit the greatest degree of public participation in order to encourage the development of a consensus among the many, sometimes competing, interests in the State.

    e. This consensus will be facilitated by the availability of sufficient information concerning the impact the State Development and Redevelopment Plan may have on particular regions and on the overall economic well-being of the State.

    f. The Plan evolves through three phases:

    (1) the Preliminary Plan, which will serve as the basis for cross-acceptance;

    (2) the Interim Plan, which will reflect the changes occurring during the cross-acceptance process; and

    (3) the Final Plan, which [is to be implemented] shall be an advisory plan only, after approval by the State Planning Commission.

    g. A two-stage process shall be established to examine the economic, environmental, infrastructure, community life, and intergovernmental coordination impacts of the Plan. This procedure shall consist of an assessment of the impacts of the Interim Plan and an on-going monitoring and evaluation program after the Final Plan is adopted.

    h. The results of the Assessment Study shall identify desirable changes to be incorporated into the Final Plan. These studies shall describe the impacts of the policies and strategies proposed in the Plan (hereafter referred to as the "Plan" impacts) relative to the impacts that would likely occur without a Plan (hereafter referred to as "Trend" impacts). In examining the impacts of Plan and Trend, any significant regional differences that result shall be identified and analyzed. Where appropriate, the study shall also distinguish short-term and long-term impacts.

    i. It is necessary to conduct an economic assessment of the Plan and Trend impacts and to make the results of that assessment available before adoption of the Final Plan. Work on the development of the evaluation methodology and, where possible, the collection of data for the assessment study shall commence upon enactment of this bill. Some factors that shall be addressed during cross-acceptance include:

    (1) Changes in property values, including farmland, State and local expenditures and tax revenues, and regulations;

    (2) Changes in housing supply, housing prices, employment, population and income;

    (3) Costs of providing the infrastructure systems identified in the State Planning Act;

    (4) Costs of preserving the natural resources as identified in the State Planning Act;

    (5) Changes in business climate; and

    (6) Changes in the agricultural industry and the costs of preserving farmland and open spaces.

(cf: P.L.1989, c.332, s.1)

 

    2. (New section) Notwithstanding any law, regulation rule or order to the contrary, no State or local governmental entity shall:

    (a) be required to adopt or revise any law, regulation, rule, order or plan to implement, or to be consistent with, any goals, objectives or planning recommendations that have been included in the Final State Development and Redevelopment Plan approved pursuant to the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et seq.); or

    (b) rely on, use or require consistency with the Final State Development and Redevelopment Plan to approve or deny permits for or funding of any project or program which otherwise meets criteria under applicable laws or regulations.

 

    3. (New section) The provisions of the Final State Development and Redevelopment Plan, to the extent they are inconsistent with any action taken pursuant to any law, rule, regulation or order, including, but not limited to, the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), are hereby superseded and shall be deemed to be of no effect.

 

    4. (New section) Nothing in the Final State Development and Redevelopment Plan shall be construed to expand or extend the powers of any State or local governmental body or agency beyond the powers specifically authorized for the body or agency pursuant to law.

 

    5. This act shall take effect immediately.

 

STATEMENT

 

    This bill clarifies the Legislature's intent regarding the use of the State Development and Redevelopment Plan by providing that the Final State Development and Redevelopment Plan, which was adopted on June 12, 1992 by the State Planning Commission pursuant to the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et seq.), shall be an advisory document only. The bill further provides that no State or local governmental entity shall be required to adopt, or revise, any law, regulation, rule, order or plan to implement, or to be consistent with, any goals, objectives or planning recommendations that have been included in the Final Plan.

    The bill also provides that whenever the provisions of the Final Plan conflict with any action taken pursuant to any law, rule, regulation or order, including, but not limited to, the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.), the provisions of the Final Plan are superseded and shall be deemed to be of no effect. In addition, the bill provides that no State or local governmental entity shall use the Final Plan to expand or extend its powers beyond the powers authorized under other law.

 

 

Makes the State Development and Redevelopment Plan an advisory plan.