Bill Text: NJ A1711 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits construction of natural gas transmission lines on areas of preserved farmland already subject to existing utility easements under certain circumstances.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A1711 Detail]
Download: New_Jersey-2016-A1711-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Permits construction of natural gas transmission lines on areas of preserved farmland already subject to existing utility easements under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the construction of natural gas transmission lines and supplementing P.L.1983, c.32 (C.4:1C-11 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any provision of the "Agriculture Retention and Development Act," P.L.1983, c.32 (C.4:1C-11 et seq.) or any other law, rule, or regulation concerning the preservation of farmland to the contrary, a person who owns preserved farmland, together with any public utility that owns a utility easement on the preserved farmland, may permit a natural gas pipeline utility to construct, maintain, and operate a natural gas transmission line on the area of preserved farmland that is subject to the existing utility easement, provided:
(1) the natural gas transmission line, and all related equipment, facilities, and structures, are located entirely within the area subject to the existing utility easement on the preserved farmland;
(2) at the time the natural gas transmission line is constructed, the area of preserved farmland subject to the existing utility easement is not being used for agricultural or horticultural production; and
(3) the natural gas transmission line will be connected to a natural gas distribution line that serves a federal military installation in the State;
b. The committee shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary for the implementation of this section.
c. For the purposes of this section:
"Existing utility easement" means a utility easement existing on preserved farmland on the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill).
"Natural gas pipeline utility" means the same as that term is defined in section 2 of P.L.1952, c.166 (C.48:10-3).
"Preserved farmland" means land on which a development easement was conveyed to, or retained by, the committee, a board, a county, a municipality, or a qualifying tax exempt nonprofit organization pursuant to the provisions of section 24 of P.L.1983, c.32 (C.4:1C-31), section 5 of P.L.1988, c.4 (C.4:1C-31.1), section 1 of P.L.1989, c.28 (C.4:1C-38), section 1 of P.L.1999, c.180 (C.4:1C-43.1), sections 37 through 40 of P.L.1999, c.152 (C.13:8C-37 through C.13:8C-40), or any other State law enacted for farmland preservation purposes.
"Public utility" means the same as that term is defined in R.S.48:2-13.
"Right-of-way" means the same as that term is defined in section 1 of P.L.1969, c.182 (c.48:3-17.9).
"Transmission line" means the same as that term is defined in 49 C.F.R. s.192.3.
"Utility easement" means privileges essential or appurtenant to the enjoyment of a right-of-way by a public utility.
2. This act shall take effect immediately.
STATEMENT
This bill permits the construction of natural gas transmission lines on areas of preserved farmland that are subject to existing utility easements under certain circumstances.
Specifically, under the bill, a person who owns preserved farmland, together with any public utility that owns a utility easement on the preserved farmland, may permit a natural gas pipeline utility to construct, maintain, and operate a natural gas transmission line on the area of the preserved farmland that is subject to the existing utility easement, provided: (1) the natural gas transmission line and all related equipment, facilities, and structures, are located entirely within the area subject to the existing utility easement on the preserved farmland; (2) the area of preserved farmland subject to the existing utility easement is not being used for agricultural or horticultural production; and (3) the natural gas transmission line will be connected to a natural gas distribution line that serves a federal military installation in the State.
The State has a compelling interest in growing the agricultural industry by preserving farmland in the State. However, as the State continues to grow, this interest must be balanced with other competing interests, including the expansion and modernization of energy infrastructure, and the safety and welfare of the people of the State. Natural gas is an affordable and efficient source of energy for New Jersey businesses and residents, and is cleaner than other fossil fuels such as oil and coal. As history has shown, however, natural gas pipelines also pose certain safety risks to people in densely populated areas. To minimize these risks, natural gas pipelines should be constructed in less densely populated areas whenever possible. This bill permits the construction of natural gas pipelines on areas of preserved farmland subject to existing utility easements - land that is already being used by public utilities for the provision of services. The bill strikes an appropriate balance between competing needs to preserve farmland, expand the State's energy infrastructure, and ensure the safety of residents.
