SENATE, No. 887

 

STATE OF NEW JERSEY

 

INTRODUCED MARCH 7, 1996

 

 

By Senators CONNORS, BASSANO and Bubba

 

 

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. The governing body of any county may by resolution or ordinance, as appropriate, establish an environmental commission for the protection, development or use of natural resources, including water resources, located within its territorial limits. The 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 members shall serve without compensation except as hereinafter provided. The governing body shall designate one of the members to serve as chairman and presiding officer of the commission. 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. 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 resolution, provide for the appointment of not more than two alternate members. Notwithstanding the provisions of any other law or charter heretofore adopted, the 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 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 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 have power to conduct research 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, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall keep an index of all open areas, publicly or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the proper use of such areas, and may from time to time recommend to the planning board or, if none, to the governing body plans and programs for inclusion in a county master plan and the development and use of such areas.

 

    3. An environmental commission may, subject to the approval of the governing body, acquire property, both real and personal, in the name of the municipality 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 shall have power to 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.

 

    7. a. The governing bodies of two or more counties may, by adoption of substantially similar resolutions, create a joint environmental commission for the 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 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.

 

    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, and that person shall be eligible to succeed himself unless the resolution creating the commission shall otherwise provide. The resolution creating the commission may provide that the chairmanship of the 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 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 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 an environmental commission established in a single county under the provisions of this act.

 

    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.

 

    12. Any county environmental commission or agency which was in existence at the time P.L. , c. (C. ) (now pending before the Legislature as this bill) was enacted, shall continue to operate as a county environmental commission under the provisions of this act.

 

    13. This act shall take effect on the first day of the fourth month next following enactment.

 

 

STATEMENT

 

    This bill permits a county governing body to establish a county environmental commission with the power to conduct research into the use and possible use of the open land areas of the county 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. The bill also provides for the creation of a joint environmental commission between two or more counties. Finally, the bill provides for the continuation as a county environmental commission under the provisions of the bill of a county environmental commission or agency established prior to the enactment of this bill.


 

Authorizes counties to create environmental commissions.