ASSEMBLY ENVIRONMENT, SCIENCE AND TECHNOLOGY COMMITTEE

 

STATEMENT TO

 

SENATE, No. 579

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED: JANUARY 23, 1997

 

      The Assembly Environment, Science and Technology Committee favorably reports Senate Bill No. 579 with committee amendments.

      As introduced, this bill would require the Commissioner of Environmental Protection to conduct a public hearing or hearings prior to making a decision on an application by the State, a county, or a municipality, or any agency or instrumentality thereof, to undertake a project that would encroach upon, damage, or destroy any area, site, structure, or object included in the State Register of Historic Places. Current law provides that such public hearings may be held at the discretion of the commissioner.

      As introduced, the bill would also require that any such public hearing be held within 120 days of receiving the application. Preference would be given to holding such hearings in the municipality wherein the historic place affected by the application is located, or in a municipality as close thereto as can reasonably be arranged.

      Finally, the bill as introduced would require the commissioner to provide at least 10 days notice of the public hearing or hearings to all affected local government units, any agencies or instrumentalities thereof concerned with historic preservation, and any recognized organization concerned with historic preservation in the State and in the affected municipality.

      As amended by the committee, the bill would provide that an applicant provide written notice, by certified mail, to all affected local government units, any agencies or instrumentalities thereof concerned with historic preservation, and any recognized organization concerned with historic preservation in the State and in the affected municipality that an encroachment application has been submitted to the commissioner. The written notice would contain a statement that indicates that the entity receiving the notice or any person may request, in writing, that the commissioner conduct a public hearing or hearings on the encroachment application. If the commissioner receives a written request for a public hearing from such an entity or from at least three persons, the commissioner would be required to conduct a public hearing or hearings on the encroachment application. If the commissioner does not receive a written request for a public hearing from such an entity or from at least three persons, the commissioner may, on the commissioner's own initiative, conduct a public hearing or hearings on the encroachment application or determine that a public hearing is unnecessary.

      Also, the committee amendments would provide that if a public hearing or hearings is held on or after the 90th day of the 120-day period authorized by the bill, the commissioner would have 30 days after the date of the last such hearing within which to authorize, consent or deny the encroachment application, or failure to do so would constitute the commissioner's consent thereto.