Bill Text: NJ A2234 | 2010-2011 | Regular Session | Introduced
Bill Title: "Water Resource Lands Protection Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-02-11 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A2234 Detail]
Download: New_Jersey-2010-A2234-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex)
Assemblyman REED GUSCIORA
District 15 (Mercer)
SYNOPSIS
"Water Resource Lands Protection Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the protection of water resource lands, and amending and supplementing parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known and may be cited as the "Water Resource Lands Protection Act."
2. (New section) The Legislature finds and declares that enhancing the quality of life of the citizens of New Jersey is a paramount policy of the State; that the acquisition and preservation of open space in New Jersey protects its water resources, protects and enhances the character and beauty of the State, and provides its citizens with greater opportunities for recreation, relaxation, and education; that the lands and resources now dedicated to these purposes will not be adequate to meet the needs of an expanding population in years to come; that the open space that is available and appropriate for these purposes will gradually disappear as the costs of preserving them correspondingly increase; and that it is necessary and desirable to provide funding for the development of parks and other open space for recreation and conservation purposes.
The Legislature further finds and declares that there is growing public recognition that the protection and preservation of New Jersey's water resources, including the quality and quantity of the State's limited water supply, is essential to the quality of life and the economic health of the citizens of the State; that the quality of life, economic prosperity, and environmental quality in New Jersey are served by the protection and timely preservation of open space and better management of the lands, resources, and recreational facilities that are already under public ownership or protection; and that of the open space preserved, as much of those lands as possible shall protect water resources and preserve adequate habitat and other environmentally sensitive areas.
The Legislature further finds and declares that severe budgetary constraints and burgeoning State debt necessitate that any new stable source of funding for the preservation of the State's water resource lands must not contribute to this indebtedness, but rather, should be established on a pay-as-you-go basis.
The Legislature therefore determines that it is in the public interest to establish a new stable source of funding, based on a societal benefits charge on water consumption and water diversion, for the State acquisition of lands that would protect water resources.
3. (New section) As used in sections 1 through 8 of this act:
"Acquisition" means the obtaining of a fee simple or lesser interest in land, including but not limited to a development easement, a conservation restriction or easement, or any other restriction or easement permanently restricting development, by purchase, installment purchase agreement, gift, donation, eminent domain by the State or a local government unit, or device.
"Board" means the Board of Public Utilities.
"Consumptive use" means any use of water diverted from surface or ground waters other than a nonconsumptive use as defined in this act.
"Department" means the Department of Environmental Protection.
"Development" or "develop" means, except as used in the definitions of "acquisition" and "development easement" in this section, any improvement made to a land or water area designed to expand and enhance its utilization for recreation and conservation purposes, and shall include the construction, renovation, or repair of any such improvement, but shall not mean shore protection or beach nourishment or replenishment activities.
"Development easement" means an interest in land, less than fee simple title thereto, which interest represents the right to develop that land for all nonagricultural purposes and which interest may be transferred under laws authorizing the transfer of development potential.
"Diversion" or "divert" means the taking or impoundment of water from a river, stream, lake, pond, aquifer, well, other underground source, or other water body, whether or not the water is returned thereto, consumed, made to flow into another stream or basin, or discharged elsewhere.
"Local government unit" means a State authority, district water supply commission, county, municipality, municipal, county or regional utilities authority, municipal water district, joint meeting or any other political subdivision of the State authorized pursuant to law to operate or maintain a public water system or to construct, rehabilitate, operate or maintain water supply facilities or otherwise provide water for human consumption.
"Nonconsumptive use" means the use of water diverted from surface or ground waters in such a manner that it is returned to the surface or ground water at or near the point from which it was taken without substantial diminution in quantity or substantial impairment of quality.
"Person" means any individual, corporation, company, partnership, firm, association, owner or operator of a public water system, political subdivision of the State and any state, or interstate agency or Federal agency.
"Public community water system" means a public water system which serves at least 15 service connections used by year‑round residents or regularly serves at least 25 year‑round residents.
"Public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. Such term includes: (1) any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system; and (2) any collection or pre‑treatment storage facilities not under such control which are used primarily in connection with such system.
"Recreation and conservation purposes" means the use of lands for beaches, biological or ecological study, boating, camping, fishing, forests, greenways, hunting, natural areas, parks, playgrounds, protecting historic properties, water reserves, watershed protection, wildlife preserves, active sports, or a similar use for either public outdoor recreation or conservation of natural resources, or both.
"Small water company" means any company, purveyor or entity, other than a governmental agency, that provides water for human consumption and which regularly serves less than 1,000 customer connections, including nonprofit, noncommunity water systems owned or operated by a nonprofit group or organization.
"Unaccounted‑for water" means water withdrawn by a local government unit or water purveyor from a source and not accounted for as being delivered to customers in measured amounts.
"Water purveyor" means any public water utility that owns or operates a public water system.
4. (New section) The provisions of P.L.1989, c.109 (C.40A:31-1 et seq.), P.L.1957, c.183 (C.40:14B-1 et seq.), R.S.40:62-96 et seq., or any other law governing the provision of water for human consumption, or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, any local government unit, including the owner or operator of every public community water system, and every person required to obtain a diversion permit issued by the department pursuant to the provisions of sections 6 and 7 of P.L.1981, c.262 (C.58:1A‑6 and 58:1A-7), including any person who is required to apply for and obtain a water use registration pursuant to rules and regulations adopted by the department to administer and enforce the provisions of P.L.1981, c.262 (C.58:1A-1 et seq.) or P.L.1993, c.202 (C.58:1A-7.3 et al.), shall be deemed a public water utility and shall be subject to the jurisdiction of the Board of Public Utilities.
5. (New section) a. The Board of Public Utilities shall require each public water utility to impose a societal benefits charge that shall be collected as a non-bypassable charge imposed on all public water utility customers for the delivery of water for a consumptive use, or for the diversion of water for a consumptive use, as appropriate.
b. The societal benefits charge shall be set at an initial rate to be determined by the board, in consultation with the New Jersey Water Supply Authority established pursuant to P.L.1981, c.293 (C.58:1B-1 et seq.), in an amount sufficient to fund a program for the State acquisition of lands for recreation and conservation purposes that would protect water resources. The board may subsequently order, pursuant to its rules and regulations, an increase or decrease in the societal benefits charge to reflect changes in the cost of this program. The amount due from any person subject to the societal benefits charge shall not exceed $50,000 per annum.
c. The societal benefits charge imposed by this section shall not be imposed on:
(1) water delivered to a consumer for the purpose of storage for future water supplies;
(2) water delivered to a consumer for the purpose of transferring water between public water systems;
(3) water delivered to a consumer for emergency purposes, including fire fighting, flood prevention, response to a discharge of hazardous substances, or for other emergency purposes as may be determined by the department;
(4) water delivered to a consumer, including water delivered for resale, or a bulk sale of water delivered to a consumer in another public water system;
(5) unaccounted-for water of 15% or less. In the case of unaccounted-for water greater than 15%, the local government unit or water purveyor may petition the department for an increase in the percentage of unaccounted-for water eligible for an exemption pursuant to this subsection. The allowable increase in the percentage of unaccounted-for water shall be determined by the department based on a finding of fact that the leakage reported to the department is not the result of a critically needed water supply infrastructure project; or
(6) water delivered to a consumer for purposes of reducing air emissions or water pollutants necessary for compliance with local, State or federal regulations or for water derived from reuse of effluent from a primary wastewater treatment system, which effluent would otherwise have been discharged into the waters of the State.
Any person claiming a complete or partial exemption from the societal benefits charge imposed by this section shall annually file with the board a written certification indicating the percentage and number of gallons of water delivered to a consumer for which the exemption is claimed. The board, in consultation with the department, may conduct an audit of the certification.
The board shall authorize a refund to any person claiming a complete or partial exemption from the societal benefits charge who has met the requirements of this subsection. The refund shall be in the amount of the percentage of the water annually delivered to a consumer for which the exemption is claimed multiplied by the person's total annual societal benefits charge liability.
d. The societal benefits charge imposed by this section shall not be imposed on:
(1) water diverted for agricultural or horticultural purposes under a water usage certification required pursuant to the provisions of section 6 of P.L.1981, c.262 (C.58:1A‑6) or as provided in section 2 of P.L.1981, c.277 (C.58:1A-7.2);
(2) water diverted for a nonconsumptive use. In the case of those permittees or persons with diversion privileges to divert water for both a consumptive use and a nonconsumptive use, the calculation of the amount of water diverted for nonconsumptive use shall be determined by the department based on water use as reported to the department pursuant to P.L.1981, c.262 (C.58:1A-1 et seq.) or P.L.1993, c.202 (C.58:1A-7.3 et al.), or if not reported, based on standard industry water use profiles;
(3) surface water diverted by permittees or persons required to apply for and obtain a water use registration in such a manner that it is returned to another surface water body;
(4) water diverted for the remediation of areas with contaminated ground water supplies, or for other remedial actions as provided by law;
(5) water diverted for emergency purposes, including fire fighting, flood prevention, response to a discharge of hazardous substances, or for other emergency purposes as may be determined by the department;
(6) diversions of salt water except whenever the department determines that the diversion and resultant usage may affect utilization of fresh water;
(7) water diverted for a paper manufacturing process utilizing post-consumer waste material in the manufacture of a recycled product which constitutes at least 75% of total annual sales dollar volume of the products manufactured in this State by that manufacturer as determined by the director;
(8) diversions of saline water except whenever the department determines that the diversion and resultant usage may affect utilization of fresh water;
(9) water diverted for purposes of reducing air emissions or water pollutants necessary for compliance with local, State or federal regulations;
(10) water diverted for the purpose of transferring water between public water systems; or
(11) water diverted for resale, or a bulk sale of water diverted to another public water system.
For the purposes of this subsection, "post‑consumer waste material" means a material or product that would otherwise become solid waste, having completed its intended end use and product life cycle, except that "post-consumer waste material" shall not include secondary waste material or materials and by-products generated from, and commonly used within, an original manufacturing and fabrication process; "recycled product" means any product or commodity which is manufactured or produced in whole or in part from post‑consumer waste material and which meets the recycled content standard of the United States Environmental Protection Agency as published in the Comprehensive Procurement Guidelines for Products Containing Recovered Material; "secondary waste material" means waste material generated after the completion of a manufacturing process; "solid waste" means the same as that term is defined in section 3 of P.L.1970, c.39 (C.13:1E-3); and "saline water" means water containing a chloride concentration in excess of 250 mg/L; and "salt water" means water containing a chloride concentration in excess of 10,000 mg/L.
Any person subject to the societal benefits charge shall be eligible for water conservation credits against the societal benefits charge. Water conservation credits shall be granted to any permittee or person required to apply for and obtain a water use registration who can demonstrate a net reduction in annual water use over any 10‑year period commencing January 1, 2008. The water conservation credits shall be equal to 50% of the difference between the maximum year withdrawal during this period and the current year, where the reduction can be documented as attributable to water conservation. The department shall approve the diversion permit or water use registration modification to reflect the water conservation credits granted.
e. Subsections a. through d. of this section shall be without effect on and after the tenth day following a certification by the Director of the Division of Budget and Accounting in the Department of the Treasury pursuant to subsection b. of section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. (New section) a. There is established in the Board of Public Utilities a nonlapsing fund to be known as the "Water Resource Lands Protection Fund." Moneys in the fund shall be used to provide funding for the State acquisition and development of lands for recreation and conservation purposes that would protect water resources. The fund shall be credited with all societal benefits charge revenue collected pursuant to section 5 of this act and any other moneys appropriated by law for deposit into the fund. Moneys in the fund shall be invested in permitted investments or shall be held in interest-bearing accounts in those depositories as the State Treasurer may select, and may be invested and reinvested in permitted investments or as other trust funds in the custody of the State Treasurer in the manner provided by law. All interest or other income or earnings derived from the investment or reinvestment of moneys in the fund shall be credited to the fund.
b. Unless otherwise expressly provided by the specific appropriation thereof by the Legislature, all available moneys in the fund shall be appropriated annually to the Garden State Green Acres Preservation Trust Fund established pursuant to section 19 of P.L.1999, c.152 (C.13:8C-19).;
7. (New section) Notwithstanding the provisions of any other law, or rule or regulation adopted pursuant thereto, to the contrary, the moneys credited to the "Water Resource Lands Protection Fund" created pursuant to section 6 of P.L. , c. (C. )(pending before the Legislature as this bill) and appropriated to the Garden State Green Acres Preservation Trust Fund shall not be used for payments related to bonds, notes or other obligations.
8. (New section) a. The annual appropriations act for each State fiscal year shall, without other conditions, limitations or restrictions, appropriate the amount specified pursuant to subsection b. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) to the Garden State Green Acres Preservation Trust Fund established pursuant to section 19 of P.L.1999, c.152 (C.13:8C-19) for use by the department for the purposes set forth in section 26 of P.L.1999, c.152 (C.13:8C-26).
b. If the requirements of subsection a. of this section are not met on the effective date of an annual appropriations act for the State fiscal year, or if an amendment or supplement to an annual appropriations act for the State fiscal year should violate any of the requirements of subsection a. of this section, the Director of the Division of Budget and Accounting in the Department of the Treasury shall, not later than five days after the enactment of the annual appropriations act, or an amendment or supplement thereto, that violates any of the requirements of subsection a. of this section, certify to the Board of Public Utilities that the requirements of subsection a. of this section have not been met.
9. Section 19 of P.L.1999, c.152 (C.13:8C-19) is amended to read as follows:
19. The State Treasurer shall establish a fund to be known as the "Garden State Green Acres Preservation Trust Fund." The State Treasurer shall deposit into the fund all moneys transferred from the trust to the State Treasurer for deposit into the fund pursuant to paragraph (1) of subsection a. of section 18 of [this act] P.L.1999, c.152 (C.13:8C-18), the amount specified pursuant to subsection b. of section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill), and any other moneys appropriated by law for deposit into the fund. Moneys in the fund shall be invested in permitted investments or shall be held in interest-bearing accounts in those depositories as the State Treasurer may select, and may be invested and reinvested in permitted investments or as other trust funds in the custody of the State Treasurer in the manner provided by law. All interest or other income or earnings derived from the investment or reinvestment of moneys in the fund shall be credited to the fund. Moneys derived from the payment of principal and interest on the loans to local government units authorized in subsection b. of section 27 of [this act] P.L.1999, c.152 (C.13:8C-27) shall also be held in the fund. Such grants, contributions, donations, and reimbursements from federal aid programs, including but not limited to funding received by the State from the federal Land and Water Conservation Fund, 16 U.S.C. s.4601-4 et al., and from other public or private sources as may be used lawfully for the purposes of section 26 of [this act] P.L.1999, c.152 (C.13:8C-26) shall also be held in the fund, but shall be expended in accordance with any purposes for which the moneys were designated and in compliance with any conditions or requirements attached thereto. The moneys in the fund are specifically dedicated and shall be applied to the cost of the purposes set forth in section 26 of [this act] P.L.1999, c.152 (C.13:8C-26). Moneys derived from the payment of principal and interest on the loans to local government units authorized in subsection b. of section 27 of [this act] P.L.1999, c.152 (C.13:8C-27) are specifically dedicated for the issuance of additional loans in accordance with subsection b. of section 27 of [this act] P.L.1999, c.152 (C.13:8C-27). Moneys in the fund shall not be expended except in accordance with appropriations from the fund made by law. Unexpended moneys due to project withdrawals, cancellations, or cost savings shall be returned to the fund, except as otherwise provided pursuant to paragraph (3) of subsection a. of section 23 of [this act] P.L.1999, c.152 (C.13:8C-23), to be used for the purposes of the fund.
(cf: P.L.2005, c.281, s.2)
10. Section 26 of P.L.1999, c.152 (C.13:8C-26) is amended to read as follows:
26. a. Moneys appropriated from the Garden State Green Acres Preservation Trust Fund to the Department of Environmental Protection shall be used by the department to:
(1) Pay the cost of acquisition and development of lands by the State for recreation and conservation purposes;
(2) Provide grants and loans to assist local government units to pay the cost of acquisition and development of lands for recreation and conservation purposes; [and]
(3) Provide grants to assist qualifying tax exempt nonprofit organizations to pay the cost of acquisition and development of lands for recreation and conservation purposes; and
(4) Pay the cost of acquisition and development of lands by the State for recreation and conservation purposes that would protect water resources.
The expenditure and allocation of moneys derived from societal benefits charge revenue collected pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill) for the acquisition and development of lands by the State for recreation and conservation purposes that would protect water resources shall reflect the findings of the annual Open Space Master Plan prepared pursuant to section 5 of P.L.2002, c.76 (C.13:8C-25.1) with respect to those areas of the State where there is a need to protect water resources, including those lands where protection is needed to assure adequate quality and quantity of drinking water supplies in times of drought.
b. The expenditure and allocation of constitutionally dedicated moneys for recreation and conservation purposes shall reflect the geographic diversity of the State to the maximum extent practicable and feasible.
c. (1) Notwithstanding the provisions of section 5 of P.L.1985, c.310 (C.13:18A-34) or this act, or any rule or regulation adopted pursuant thereto, to the contrary, the value of a pinelands development credit, allocated to a parcel pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.) and the pinelands comprehensive management plan adopted pursuant thereto, shall be made utilizing a value to be determined by either appraisal, regional averaging based upon appraisal data, or a formula supported by appraisal data. The appraisal and appraisal data shall consider as appropriate: land values in the pinelands regional growth areas; land values in counties, municipalities, and other areas reasonably contiguous to, but outside of, the pinelands area; and other relevant factors as may be necessary to maintain the environmental, ecological, and agricultural qualities of the pinelands area.
(2) No pinelands development credit allocated to a parcel of land pursuant to P.L.1979, c.111 (C.13:18A-1 et seq.) and the pinelands comprehensive management plan adopted pursuant thereto that is acquired or obtained in connection with the acquisition of the parcel for recreation and conservation purposes by the State, a local government unit, or a qualifying tax exempt nonprofit organization using constitutionally dedicated moneys in whole or in part may be conveyed in any manner. All such pinelands development credits shall be retired permanently.
d. (1) (a) For State fiscal years 2000 through 2004 only, when the department, a local government unit, or a qualifying tax exempt nonprofit organization seeks to acquire lands for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part or Green Acres bond act moneys in whole or in part, it shall conduct or cause to be conducted an appraisal or appraisals of the value of the lands that shall be made using the land use zoning of the lands (i) in effect at the time of proposed acquisition, and (ii) in effect on November 3, 1998 as if that land use zoning is still in effect at the time of proposed acquisition. The higher of those two values shall be utilized by the department, a local government unit, or a qualifying tax exempt nonprofit organization as the basis for negotiation with the landowner with respect to the acquisition price for the lands. The landowner shall be provided with both values determined pursuant to this subparagraph.
A landowner may waive any of the requirements of this paragraph and may agree to sell the lands for less than the values determined pursuant to this paragraph.
(b) After the date of enactment of P.L.2001, c.315 and through June 30, 2004, in determining the two values required pursuant to subparagraph (a) of this paragraph, the appraisal shall be made using not only the land use zoning but also the Department of Environmental Protection wastewater, water quality and watershed management rules and regulations and associated requirements and standards applicable to the lands subject to the appraisal (i) in effect at the time of proposed acquisition, and (ii) in effect on November 3, 1998 as if those rules and regulations and associated requirements and standards are still in effect at the time of proposed acquisition.
(2) The requirements of this subsection shall be in addition to any other requirements of law, rule, or regulation not inconsistent therewith.
(3) This subsection shall not:
(a) apply if the land use zoning of the lands at the time of proposed acquisition, and the Department of Environmental Protection wastewater, water quality and watershed management rules and regulations and associated requirements and standards applicable to the lands at the time of proposed acquisition, have not changed since November 3, 1998;
(b) apply in the case of lands to be acquired with federal moneys in whole or in part;
(c) apply in the case of lands to be acquired in accordance with subsection c. of this section;
(d) apply to projects funded using constitutionally dedicated moneys appropriated pursuant to the annual appropriations act for State fiscal year 2000 (P.L.1999, c.138); or
(e) alter any requirements to disclose information to a landowner pursuant to the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.).
e. Moneys appropriated from the fund may be used to match grants, contributions, donations, or reimbursements from federal aid programs or from other public or private sources established for the same or similar purposes as the fund.
f. Moneys appropriated from the fund shall not be used by local government units or qualifying tax exempt nonprofit organizations to acquire lands that are already permanently preserved for recreation and conservation purposes, as determined by the department.
g. Whenever lands are donated to the State by a public utility, as defined pursuant to Title 48 of the Revised Statutes, for recreation and conservation purposes, the commissioner may make and keep the lands accessible to the public, unless the commissioner determines that public accessibility would be detrimental to the lands or any natural resources associated therewith.
h. Whenever the State acquires land for recreation and conservation purposes, the agency in the Department of Environmental Protection responsible for administering the land shall, within six months after the date of acquisition, inspect the land for the presence of any buildings or structures thereon which are or may be historic properties and, within 60 days after completion of the inspection, provide to the New Jersey Historic Preservation Office in the department (1) a written notice of its findings, and (2) for any buildings or structures which are or may be historic properties discovered on the land, a request for determination of potential eligibility for inclusion of the historic building or structure in the New Jersey Register of Historic Places. Whenever such a building or structure is discovered, a copy of the written notice provided to the New Jersey Historic Preservation Office shall also be sent to the New Jersey Historic Trust and to the county historical commission or advisory committee, the county historical society, the local historic preservation commission or advisory committee, and the local historical society if any of those entities exist in the county or municipality wherein the land is located.
i. (1) Commencing July 1, 2004 and until five years after the date of enactment of P.L.2001, c.315, when the department, a local government unit, or a qualifying tax exempt nonprofit organization seeks to acquire lands for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part or Green Acres bond act moneys in whole or in part, it shall conduct or cause to be conducted an appraisal or appraisals of the value of the lands that shall be made using the Department of Environmental Protection wastewater, water quality and watershed management rules and regulations and associated requirements and standards applicable to the lands subject to the appraisal (a) in effect at the time of proposed acquisition, and (b) in effect on November 3, 1998 as if those rules and regulations and associated requirements and standards are still in effect at the time of proposed acquisition. The higher of those two values shall be utilized by the department, a local government unit, or a qualifying tax exempt nonprofit organization as the basis for negotiation with the landowner with respect to the acquisition price for the lands. The landowner shall be provided with both values determined pursuant to this paragraph. A landowner may waive any of the requirements of this paragraph and may agree to sell the lands for less than the values determined pursuant to this paragraph.
(2) The requirements of this subsection shall be in addition to any other requirements of law, rule, or regulation not inconsistent therewith.
(3) This subsection shall not:
(a) apply if the Department of Environmental Protection wastewater, water quality and watershed management rules and regulations and associated requirements and standards applicable to the lands at the time of proposed acquisition have not changed since November 3, 1998;
(b) apply in the case of lands to be acquired with federal moneys in whole or in part;
(c) apply in the case of lands to be acquired in accordance with subsection c. of this section; or
(d) alter any requirements to disclose information to a landowner pursuant to the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.).
j. (1) Commencing on the date of enactment of P.L.2004, c.120 (C.13:20-1 et al.) or July 1, 2004, whichever is later, and through June 30, 2009, when the department, a local government unit, or a qualifying tax exempt nonprofit organization seeks to acquire lands for recreation and conservation purposes using constitutionally dedicated moneys in whole or in part or Green Acres bond act moneys in whole or in part, it shall conduct or cause to be conducted an appraisal or appraisals of the value of the lands that shall be made using (a) the land use zoning of the lands, and any State environmental laws or Department of Environmental Protection rules and regulations that may affect the value of the lands, subject to the appraisal and in effect at the time of proposed acquisition, and (b) the land use zoning of the lands, and any State environmental laws or Department of Environmental Protection rules and regulations that may affect the value of the lands, subject to the appraisal and in effect on January 1, 2004. The higher of those two values shall be utilized by the department, a local government unit, or a qualifying tax exempt nonprofit organization as the basis for negotiation with the landowner with respect to the acquisition price for the lands. The landowner shall be provided with both values determined pursuant to this paragraph.
A landowner may waive any of the requirements of this paragraph and may agree to sell the lands for less than the values determined pursuant to this paragraph.
The provisions of this paragraph shall be applicable only to lands the owner of which at the time of proposed acquisition is the same person who owned the lands on the date of enactment of P.L.2004, c.120 (C.13:20-1 et al.) and who has owned the lands continuously since that enactment date, or is an immediate family member of that person.
(2) A landowner whose lands are subject to the provisions of paragraph (1) of this subsection shall choose to have the lands appraised in accordance with this subsection or in accordance with the provisions of either subsection d. or subsection i. of this section to the extent that the subsection is applicable and has not expired.
(3) The requirements of this subsection shall be in addition to any other requirements of law, rule, or regulation not inconsistent therewith.
(4) This subsection shall not:
(a) apply in the case of lands to be acquired with federal moneys in whole or in part;
(b) apply in the case of lands to be acquired in accordance with subsection c. of this section; or
(c) alter any requirements to disclose information to a landowner pursuant to the "Eminent Domain Act of 1971," P.L.1971, c.361 (C.20:3-1 et seq.).
(5) For the purposes of this subsection, "immediate family member" means a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether the individual is related by blood, marriage, or adoption.
k. The department shall adopt guidelines for the evaluation and priority ranking process which shall be used in making decisions concerning the acquisition of lands by the State for recreation and conservation purposes using moneys from the Garden State Green Acres Preservation Trust Fund and from any other source. The guidelines shall be designed to provide, to the maximum extent practicable and feasible, that such moneys are spent equitably among the geographic areas of the State. The guidelines, and any subsequent revisions thereto, shall be published in the New Jersey Register. The adoption of the guidelines or of the revisions thereto, shall not be subject to the requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
l. In making decisions concerning the acquisition of lands by the State for recreation and conservation purposes using moneys from the Garden State Green Acres Preservation Trust Fund, in the evaluation and priority ranking process the department shall accord three times the weight to acquisitions of lands that would protect water resources, and two times the weight to acquisitions of lands that would protect flood-prone areas, as those criteria are compared to the other criteria in the priority ranking process.
m. The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations that establish standards and requirements regulating any activity on lands acquired by the State for recreation and conservation purposes using constitutionally dedicated moneys to assure that the activity on those lands does not diminish the protection of surface water or groundwater resources.
Any rules and regulations adopted pursuant to this subsection shall not apply to activities on lands acquired prior to the adoption of the rules and regulations.
n. (1) The department, within three months after the date of the first meeting of the Highland Water Protection and Planning Council established pursuant to section 4 of P.L.2004, c.120 (C.13:20-4), shall consult with and solicit recommendations from the council concerning land preservation strategies and acquisition plans in the Highlands Region as defined in section 3 of P.L.2004, c.120 (C.13:20-3).
The council's recommendations shall also address strategies and plans concerning establishment by the department of a methodology for prioritizing the acquisition of land in the Highlands preservation area, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), for recreation and conservation purposes using moneys from the Garden State Green Acres Preservation Trust Fund, especially with respect to (a) any land that has declined substantially in value due to the implementation of the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et al.), and (b) any major Highlands development, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), that would have qualified for an exemption pursuant to paragraph (3) of subsection a. of section 30 of P.L.2004, c.120 (C.13:20-28) but for the lack of a necessary State permit as specified in subparagraph (b) or (c), as appropriate, of paragraph (3) of subsection a. of section 30 of P.L.2004, c.120 (C.13:20-28), and for which an application for such a permit had been submitted to the Department of Environmental Protection and deemed by the department to be complete for review on or before March 29, 2004. The recommendations may also include a listing of specific parcels in the Highlands preservation area that the council is aware of that meet the criteria of subparagraph (a) or (b) of this paragraph and for that reason should be considered by the department as a priority for acquisition, but any such list shall remain confidential notwithstanding any provision of P.L.1963, c.73 (C.47:1A-1 et seq.) or any other law to the contrary.
(2) In making decisions concerning applications for funding submitted by municipalities in the Highlands planning area, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), to acquire or develop lands for recreation and conservation purposes using moneys from the Garden State Green Acres Preservation Trust Fund, in the evaluation and priority ranking process the department shall accord a higher weight to any application submitted by a municipality in the Highlands planning area that has amended its development regulations in accordance with section 13 of P.L.2004, c.120 (C.13:20-13) to establish one or more receiving zones for the transfer of development potential from the Highlands preservation area, as defined in section 3 of P.L.2004, c.120 (C.13:20-3), than that which is accorded to comparable applications submitted by other municipalities in the Highlands planning area that have not made such amendments to their development regulations.
o. Notwithstanding any provision of P.L.1999, c.152 (C.13:8C-1 et seq.) to the contrary, for State fiscal years 2005 through 2009, the sum spent by the department in each of those fiscal years for the acquisition of lands by the State for recreation and conservation purposes using moneys from the Garden State Green Acres Preservation Trust Fund in each county of the State shall be not less, and may be greater if additional sums become available, than the average annual sum spent by the department therefor in each such county, respectively, for State fiscal years 2002 through 2004, provided there is sufficient and appropriate lands within the county to be so acquired by the State for such purposes.
(cf: P.L.2004, c.120, s.53)
11. R.S.48:2-23 is amended to read as follows:
48:2-23. a. The board may, after public hearing, upon notice, by order in writing, require any public utility to furnish safe, adequate and proper service, including furnishing and performance of service in a manner that tends to conserve and preserve the quality of the environment and prevent the pollution of the waters, land and air of this State, and including furnishing and performance of service in a manner which preserves and protects the water quality of a public water [supply] system, and to maintain its property and equipment in such condition as to enable it to do so.
The board may, pending any such proceeding, require any public utility to continue to furnish service and to maintain its property and equipment in such condition as to enable it to do so.
The board, in requiring any public water utility to furnish safe, adequate and proper service, may require the public water utility to retain in its rate base any property which the board determines is necessary to protect the water quality of a public water [supply] system.
b. The board shall, after public hearing, upon notice, by order in writing, require each public or private entity deemed to be a public water utility pursuant to section 4 of P.L. , c. (C. ) (pending in the Legislature as this bill) to impose a societal benefits charge that shall be collected as a non-bypassable charge imposed on all water consumption or water diverted for a consumptive use for every area wherein the public water utility provides service.
(cf: P.L.1988, c.163, s.5)
12. Section 9 of P.L.1981, c.262 (C.58:1A-9) is amended to read as follows:
9. The Board of [Regulatory Commissioners] Public Utilities shall fix just and reasonable rates for any public water [supply] system subject to its jurisdiction, as may be necessary for that system to comply with an order issued by the department or the terms and conditions of a permit issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.).
(cf: P.L.1993, c.202, s.8)
13. Section 15 of P.L.1981, c.262 (C.58:1A-15) is amended to read as follows:
15. The department may:
a. Perform any and all acts and issue such orders as are necessary to carry out the purposes and requirements of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
b. Administer and enforce the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) and rules, regulations and orders adopted, issued or effective thereunder;
c. Present proper identification and then enter upon any land or water for the purpose of making any investigation, examination or survey contemplated by P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
d. [Subpena] Subpoena and require the attendance of witnesses and the production by them of books and papers pertinent to the investigations and inquiries the department is authorized to make under P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.), and examine them and those public records as shall be required in relation thereto;
e. Order the interconnection of public water [supply] systems, whether in public or private ownership, whenever the department determines that the public interest requires that this interconnection be made, and require the furnishing of water by means of that system to another system, but no order shall be issued before comments have been solicited at a public hearing, notice of which has been published at least 30 days before the hearing, in one newspaper circulating generally in the area served by each involved public water [supply] system, called for the purpose of soliciting comments on the proposed action.
f. Order any person diverting water to improve or repair its water supply facilities so that water loss is eliminated so far as practicable, safe yield is maintained and the drinking water quality standards adopted pursuant to the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et al.) are met;
g. Enter into agreements, contracts, or cooperative arrangements under such terms and conditions as the department deems appropriate with other states, other State agencies, federal agencies, municipalities, counties, educational institutions, investor-owned water companies, municipal utilities authorities, or other organizations or persons;
h. Receive financial and technical assistance from the federal government and other public or private agencies;
i. Participate in related programs of the federal government, other states, interstate agencies, or other public or private agencies or organizations;
j. Establish adequate fiscal controls and accounting procedures to assure proper disbursement of and accounting for funds appropriated or otherwise provided for the purpose of carrying out the provisions of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
k. Delegate those responsibilities and duties to personnel of the department as deemed appropriate for the purpose of administering the requirements of P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.);
l. Combine permits issued pursuant to P.L.1981, c.262 (C.58:1A-1 et al.) or P.L.1993, c.202 (C.58:1A-7.3 et al.) with permits issued pursuant to any other act whatsoever whenever that action would improve the administration of those acts;
m. Evaluate and determine the adequacy of ground and surface water supplies and develop methods to protect aquifer recharge areas.
(cf: P.L.1993, c.202, s.9)
14. This act shall take effect immediately.
STATEMENT
This bill would establish a Water Resource Lands Protection Fund in the Board of Public Utilities (BPU). Moneys in the fund would be used to provide funding for the State acquisition and development of lands for recreation and conservation purposes that would protect water resources. Moneys in the fund would be derived from a societal benefits charge imposed on all public water utility customers for the delivery of water for a consumptive use, or for the diversion of water for a consumptive use. The amount due from any person subject to one of these charges would not exceed $50,000 per year.
The bill would designate any local government unit, including the owner or operator of every public community water system, and every person required to obtain a diversion permit or a water use registration from the Department of Environmental Protection (DEP) as a public water utility that would be subject to the jurisdiction of the BPU.
The BPU would require each public water utility to impose a societal benefits charge that shall be collected as a non-bypassable charge imposed on all public water utility customers for the delivery of water for a consumptive use, or for the diversion of water for a consumptive use, as appropriate.
The societal benefits charge would be set at an initial rate to be determined by the BPU, in consultation with the New Jersey Water Supply Authority, in an amount sufficient to fund a program for the State acquisition of lands for recreation and conservation purposes that would protect water resources. The BPU may subsequently order, pursuant to its rules and regulations, an increase or decrease in the societal benefits charge to reflect changes in the cost of this program.
All available in the Water Resource Lands Protection Fund would be appropriated annually to the Garden State Green Acres Preservation Trust Fund. Moneys appropriated from the Garden State Green Acres Preservation Trust Fund to the DEP derived from societal benefit charge revenue must be used by the department solely to pay the cost of State acquisition and development of lands for recreation and conservation purposes that would protect water resources.
The expenditure and allocation of moneys derived from societal benefits charge revenue collected for the State acquisition and development of lands by the DEP for recreation and conservation purposes that would protect water resources must reflect the findings of the annual Open Space Master Plan with respect to those areas of the State where there is a need to protect water resources, including those lands where protection is needed to assure adequate quality and quantity of drinking water supplies in times of drought.
