SENATE CONCURRENT RESOLUTION No. 27

STATE OF NEW JERSEY

INTRODUCED JANUARY 22, 1996

By Senators SCOTT and SACCO

A Concurrent Resolution concerning legislative review, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, of the Hackensack Meadowlands Special Area Management Plan proposed by the Hackensack Meadowlands Development Commission.

    Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):

    1. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation of an administrative agency to determine if the rule or regulation is consistent with the intent of the Legislature.

    2. The Legislature enacted the "Hackensack Meadowlands Reclamation and Development Act," P.L.1968, c.404 (C.13:17-1 et seq.), with the purpose to reclaim, plan, develop and redevelop the Hackensack meadowlands. The Hackensack Meadowlands Development Commission (HMDC), created by that act, recently proposed a Special Area Management Plan (SAMP) that, among other things, provides for significant development of environmentally sensitive and other lands in the Hackensack Meadowlands District.

    3. The Legislature finds that the development proposal in the SAMP is not consistent with legislative intent because the HMDC has not adequately demonstrated that there remains any urgent need for more space for industrial, commercial, and residential uses in the Hackensack Meadowlands District to the massive extent proposed by the HMDC, especially considering that nearly 30 years have passed since the creation of the district.

    4. The Legislature suggests that in order to demonstrate any such urgent need for further industrial, commercial, or residential development, the HMDC, before taking any further action on the SAMP or preparing any amendment, revision, or supplement to the Hackensack meadowlands master plan to reflect the SAMP, prepare a written report justifying its conclusions in that regard, conduct at least one public hearing thereon, submit that report and a transcript of the public hearing or hearings to the Governor and to the Senate Legislative Oversight Committee and the Assembly Policy and Regulatory Oversight Committee, or their successors as designated respectively by the President of the Senate and the Speaker of the General Assembly, and obtain the approval of the development from every municipality within which the development is to be located and from every municipality contiguous to the municipality or municipalities within which the development is to be located.

    5. The HMDC shall, pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, have 30 days following transmittal of this resolution to amend or withdraw the SAMP, or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the SAMP in whole or in part.

STATEMENT

    The Hackensack Meadowlands Development Commission (HMDC) recently proposed a Special Area Management Plan (SAMP) that, among other things, provides for significant development of environmentally sensitive and other lands in the Hackensack Meadowlands District. By this concurrent resolution, the Legislature finds that the development proposal in the SAMP is not consistent with legislative intent because the HMDC has not adequately demonstrated that there remains any urgent need for more space for industrial, commercial, and residential uses in the Hackensack Meadowlands District to the massive extent proposed by the HMDC, especially considering that nearly 30 years have passed since the creation of the district.

    By this concurrent resolution, the Legislature also suggests that in order to demonstrate any such urgent need for further industrial, commercial, or residential development, the HMDC, before taking any further action on the SAMP or preparing any amendment, revision, or supplement to the Hackensack meadowlands master plan to reflect the SAMP, prepare a written report justifying its conclusions in that regard, conduct at least one public hearing thereon, submit that report and a transcript of the public hearing or hearings to the Governor and to the Senate Legislative Oversight Committee and the Assembly Policy and Regulatory Oversight Committee, or their successors, and obtain the approval of the development from every municipality within which the development is to be located and from every municipality contiguous to the municipality or municipalities within which the development is to be located.

    The HMDC shall have 30 days following transmittal of this resolution to amend or withdraw the SAMP, or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the SAMP in whole or in part.

Determines that Special Area Management Plan proposed by HMDC is inconsistent with legislative intent.