S607

SENATE, No. 607

STATE OF NEW JERSEY

INTRODUCED JANUARY 29, 1996

By Senator SCHLUTER

An Act concerning airports, amending P.L.1983, c.264 and supplementing Title 6 of the Revised Statutes.

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

1. (New section) a. The New Jersey State Airport System Plan prepared by the Department of Transportation pursuant to section 10 of P.L.1983, c.264 (C.6:1-94) shall be issued at the same time as the master plan required pursuant to section 5 of P.L.1966, c.301 (C.27:1A-5) and shall include as part of the plan an element establishing a classification of general aviation airports in the State where expansion of an airport shall be permissible and a classification where expansion of an airport shall not be permissible. As used in this act, "expansion" means extension of airport runways either within the existing boundaries of an airport or beyond them. In addition, the element shall contain criteria which the department shall use in considering an application for expansion from those airports where expansion is permissible.

b. A draft copy of the proposed plan shall be transmitted by the department to all general aviation airports in the State and to the governing bodies of those municipalities in which the airports are situated or which are adjacent to the airports. Within 90 days of the receipt thereof, a governing body having an objection to the classifications of general aviation airports or the criteria for airport expansion contained in the element required by this section may request the Commissioner of Transportation to review the element, and may include in that request a provision that the commissioner consider recommending an alteration of the classifications or criteria, or both, as the case may be. Within 45 days of the receipt of the request, the commissioner shall recommend altering or not altering the classifications or the criteria, which recommendation shall be transmitted to the governing body. Within 60 days of the receipt of the commissioner's recommendation, the matter may be submitted by the governing body to the Office of State Planning for further review if the governing body has an objection to the commissioner's recommendation. The Office of State Planning shall review the element and shall, within 30 days of the receipt thereof, recommend to the State Planning Commission that the classifications or criteria, or both, as the case may be, be altered or be retained in the form recommended by the Commissioner of Transportation. In making this recommendation to the commission, the Office of State Planning shall consult with the affected municipality, the department and the affected airport owners; the consultations shall take place with the municipality at a public building within the municipality and with the airport owners at the airport site, respectively. If a number of municipalities object, the matters may be consolidated for consideration by that office and the commission. The commission shall review the recommendation of the Office of State Planning and shall, within 45 days of the receipt thereof, make a final decision either altering the classifications or criteria or making no change in the Commissioner of Transportation's recommendation.

2. (New section) The commissioner shall adopt the classifications of general aviation airports and the criteria for airport expansion contained in the element as a regulation pursuant to the provisions of the "Administrative Procedure Act, "P.L.1986, c.410 (C.52:14B-1 et seq.). However, the commissioner shall delay such an adoption until such time as the State Planning Commission completes its review of the matters referred to it under section 1 of this amendatory and supplementary act and shall incorporate all final decisions of the commission in the regulation.

3. (New section) a. If an airport is classified in the regulation adopted pursuant to section 2 of this amendatory and supplementary act as one where airport expansion is permissible, it may make application to the Department of Transportation for that purpose. The department shall make a preliminary decision on the application in accordance with the criteria established by regulation and after the holding of a public hearing at a public building located within the municipality where the airport expansion is proposed, with notice thereof being sent to the municipality and to municipalities adjacent to the airport. That decision shall be transmitted by the department to the governing bodies of the municipalities in which the airport is located and any adjacent municipalities. Within 60 days of the receipt thereof the governing body of a municipality may submit a written memorandum of objection to the commissioner, outlining its objections to the preliminary decision. Upon receipt of the objections, the commissioner shall, if not agreeing with the objections, appoint a mediator to resolve the matter. The mediator, who shall not be an employee of the department, may request the attendance of municipal officials, representatives of the airport, and departmental employees at meetings to attempt to resolve the matter.

b. If a mediator appointed pursuant to subsection a. of this section is not able to resolve the matter, the mediator shall report the mediator's findings to the commissioner within 180 days of the mediator's appointment. Upon the receipt of the mediator's findings the commissioner shall direct that a temporary dispute resolution panel be formed to consider the matter. The panel shall consist of three members, one of whom shall be appointed by the commissioner, one of whom shall be appointed by the commissioner upon recommendation of the governing body of the objecting municipality and one of whom shall be jointly recommended by the other two members, which person shall be appointed by the commissioner. The panel is authorized to make such recommendations as it deems appropriate to resolve the matter, and may also include among the recommendations a separate recommendation as to the nature and amount of assistance which it believes should be given to property owners which would be affected by the expansion. In the event that the panel is not able to resolve the matter to the satisfaction of the objecting municipality, it may, after notice and hearing, make a decision on the matter, which, except for the separate recommendation for assistance which shall not be binding, shall constitute the final decision of the department. If such a decision is made, it shall be made not later than 180 days after the panel has been constituted. Upon the transmittal of the decision to the commissioner, the commissioner shall order that the application for airport expansion be approved or not, or approved with modifications, as the case may be, consistent with the decision of the panel. However, the commissioner is authorized to set aside the decision of the panel if the decision is contrary to law, contrary to the regulations adopted pursuant to subsection c. of this section, or arbitrary or capricious. If the commissioner decides to set aside the panel's decision, the matter shall be referred to the Office of Administrative Law for adjudication as a contested case.

c. The commissioner is authorized to adopt, pursuant to the provisions of the "Administrative Procedure Act," rules and regulations providing for the procedures to be used by the temporary dispute resolution panel in considering and deciding matters referred to it.

d. A temporary dispute panel appointed by the commissioner shall be dissolved by the commissioner upon the issuance of its recommendations or decision, as the case may be.

e. The provisions of this section shall apply to all disputes considered or decided by a temporary disputes panel, notwithstanding the provisions of the "Administrative Procedure Act."

f. Nothing in this amendatory and supplementary act shall be construed as preventing the Commissioner of Transportation from agreeing with any objecting party as to the resolution of any matter concerning airport expansion at any time.

4. (New section) Upon the approval of an application for airport expansion, a property owner whose property is located in an area which would be in either an extension of the clear zone or the airport safety zone upon the completion of the proposed airport expansion shall be eligible to apply to the Department of Transportation for assistance. Assistance shall consist of the purchase of easements by the department, the granting of monetary compensation for the loss of value suffered by the property owner from the proposed expansion or the purchase of title to all or a portion of the property. The Commissioner of Transportation shall adopt rules and regulations pursuant to the provisions of the "Administrative Procedure Act," establishing the procedures whereby such assistance shall be granted by the department and shall include in these regulations procedures for appraisals by competent persons. The cost of this assistance shall be defrayed from the Airport Safety Fund or from project monies available for this purpose funded by the revenues and other funds of the New Jersey Transportation Trust Fund Authority or from other funds appropriated or made available for this purpose, including funds from airport owners.

5. Section 1 of P.L.1983, c.260 (C.6:1-80) is amended to read as follows:

1. It is found and declared by the Legislature that an airport hazard endangers the lives and property of the users of the airport and of occupants of land in the vicinity thereof, and also, if the hazard is of the obstruction type, it reduces the size of the area available for landing, taking-off and maneuvering of aircraft, thus tending to destroy or impair the utility of the airport and the public benefit therein. Accordingly, it is declared:

a. That the creation or establishment of an airport hazard is a public nuisance and an injury to the community served by the airport in question; therefore, it is necessary in the interest of the public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented by the creation of airport safety zones and other means; and

b. That the prevention of the creation or establishment of airport hazards should be accomplished, to the extent legally possible, by the exercise of the police and regulatory power of the State, with or without compensation.

(cf: P.L.1991, c.445, s.1)

6. Section 10 of P.L.1983, c.26 (C.6:1-94) is amended to read as follows:

10. Any airport, to qualify under the provisions of section 9 of this act, shall not be an international airport, either by classification or service characteristics, as determined by the Commissioner of Transportation, and shall be included in the New Jersey State Airport System Plan, [as prepared or revised from time to time] submitted by the department at the same time and in the same manner as the department's master plan is submitted.

In considering an application for financial assistance, the commissioner shall consider, in addition to the requirements of eligibility under the provisions of this act and other eligibility criteria that the commissioner may promulgate by rule to effectuate the purposes of section 9 of this act, the scope and cost of the improvement required, availability of local funds for airport development, the capture of federal funds, the relative value of that improvement to the other needs of the particular airport, the present and future public service levels in regard to operations, based aircraft, passenger service, freight service, Statewide distribution of services, and local and State economic development, the impact on the area surrounding the airport, the extent to which the improvement will contribute to the welfare of the citizens of the State and the local area, and the relative value to the State airport system as a whole.

The commissioner shall also establish certification requirements to ensure that:

a. The airport will be owned or effectively controlled, operated, repaired and maintained adequately during the improvement's full useful life, for the benefit of the public;

b. In connection with the operation of the airport, during the improvement's full useful life, the public will not be deprived of its rightful, fair, equal and uniform use of the airport;

c. The airport will adhere to State and federal laws and regulations. If an airport received financial assistance under section 9 of this act and ceases operations or fails to continue to comply with the provisions of this section before the predetermined life of the financially assisted improvements, as such life is determined by the commissioner at the time the financial assistance is granted, the State shall be reimbursed for the unused portion of such predetermined life and, if not fully reimbursed, the claim shall be a first lien on the airport property to the extent of the unpaid balance; and

d. If a county or municipality or other public body received financial assistance under section 9 of this act for acquisition of real property, that property shall not be sold or used for any nonaviation purpose without the approval of the commissioner.

(cf: P.L.1983, c.264, s.10)

7. Section 9 of P.L.1983, c.264 (C.6:1-93) is amended to read as follows:

9. The commissioner is hereby authorized to provide assistance to general aviation airports from the Airport Safety Fund established by section 4 of the "New Jersey Airport Safety Act of 1983," P.L.1983, c.264 (C.6:1-92), for the following purposes:

a. To provide grants to publicly and privately owned, unrestricted, public use airports to obtain federal funds for airport assistance. The commissioner is authorized to provide up to 50% of the required local match; except that the commissioner is authorized to provide up to 100% of the required local match, when he deems that an emergency situation exists.

b. To provide grants or loans, or both, to publicly owned and private, unrestricted, public use airports for safety projects, including but not limited to engineering, planning, construction and rehabilitation of lighting, runways, aprons, airport approach aids and obstruction removals.

c. To provide grants or loans, or both, to publicly owned airports or counties or municipalities to acquire airports or lands, rights in land and easements, including aviation easements necessary for clear zones or clear areas, which are owned, controlled or operated, or to be owned, controlled or operated by municipalities, counties or other political subdivisions of this State.

d. To acquire lands or rights in lands and easements, including aviation easements, adjacent to privately or publicly owned, public use airports, which are found necessary or desirable for airport or air safety purposes, and while retaining title to that land or rights in land, the commissioner may lease those lands or rights to airports or airport authorities for use in the furtherance of airport, air safety, or air transportation purposes. The commissioner shall establish terms in any such lease so as to protect the State's interest in the promotion of aviation and the State's investment in lands and property.

e. To compensate property owners in the clear zone or safety zone adjacent to privately or publicly owned, public use airports for the loss of value suffered from the extension of these zones.

(cf: P.L.1983, c.264, s.9)

8. This act shall take effect immediately.

STATEMENT

The purpose of this bill is to establish a procedure whereby applications for the expansion of general aviation airport runways in the State will be subject to appropriate planning and administrative review. The bill provides for planning review by requiring that the New Jersey State Airport System Plan be issued every five years, in the same manner as the State's transportation master plan, and that it contain an element setting forth classifications of airports where expansion is permissible and those where it is not. In addition the element would contain those criteria to be used by the Department of Transportation in considering an application for expansion. A municipality in which an airport is located or a municipality adjacent to the airport may object to the classifications or the criteria or both and appeal to the Commissioner of Transportation. If that appeal is not successful, further appeal is provided to the Office of State Planning and the State Planning Commission. The commission would make the final planning decision, which would be embodied in regulations issued by the Commissioner of Transportation.

An airport wishing to expand may, where permissible, make an application for this purpose to the department. However, a municipality may object to a preliminary decision by the department, in which case an appeal is provided to the commissioner and, if necessary, the commissioner will appoint a mediator. If the mediator is unable to resolve the matter, the commissioner is to establish a temporary dispute review panel to attempt a resolution. The panel is to consist of a municipally recommended member, a DOT appointed member, and a third member recommended by the other two. This panel, which is constructed along the lines of an arbitration panel, would be empowered to make the final administrative decision in the case, subject to confirmation by the commissioner. Various timetables are established for these procedures.

The bill also provides for assistance to property owners whose property is located in an area which would be in either an extension of the clear zone or the airport safety zone upon the completion of the proposed airport expansion. This assistance includes the purchase of aviation easements, compensation for loss of value or purchase of all or part of the property. The costs of this assistance would be defrayed from the Airport Safety Fund, the Transportation Trust Fund, or from monies otherwise appropriated or made available for that purpose, including funds from airport owners.

Provides procedure for approving airport expansion; provides assistance to affected property owners.