Bill Text: NJ A2297 | 2014-2015 | Regular Session | Introduced
Bill Title: Authorizes lease of DEP and locally owned historic buildings and structures and public-private partnerships to facilitate their maintenance and use.*
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2015-02-12 - Reported from Assembly Comm. as a Substitute, 2nd Reading [A2297 Detail]
Download: New_Jersey-2014-A2297-Introduced.html
Sponsored by:
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
SYNOPSIS
Allows municipalities to enter public-private partnerships for preservation of municipally owned historic property.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain municipally owned historic property, and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, a municipality may enter into a contract, to be known as a public-private partnership agreement, with a private entity for the historic preservation of a historic property located on land acquired by the municipality for recreation and conservation purposes using Green Acres funds in whole or in part or its own funds, provided that:
(1) the land shall continue to be preserved and used for recreation and conservation purposes;
(2) any restrictions on the lands concerning recreation and conservation purposes or historic preservation purposes shall be maintained;
(3) public access to the land for recreation and conservation purposes shall not be limited because of the historic preservation;
(4) the historic preservation shall be completed in substantial compliance with the requirements of the United States Secretary of the Interior's Standards for Rehabilitation pursuant to section 67.7 of title 36, Code of Federal Regulations; and
(5) at least one public hearing on the proposed public-private partnership agreement is held by the municipality at least 30 days prior to final approval thereof by the municipality.
b. (1) At least 30 days prior to entering into a public-private partnership agreement pursuant to subsection a. of this section, a municipality shall notify the Commissioner of Environmental Protection in writing of the intent to enter into such an agreement, and hold at least one public hearing in the municipality to solicit public input on the proposed agreement. The notice to the commissioner pursuant to this paragraph shall include a copy of the proposed agreement and notice of the date of the public hearing.
(2) Within 15 days after the public hearing, the municipality shall provide to the commissioner written notice that the required public hearing was held.
(3) Within 15 days after entering into a public-private partnership agreement pursuant to this section, the municipality shall provide to the commissioner written notice that the agreement has been executed and a copy of the executed agreement.
c. A public-private partnership agreement entered into pursuant to this section shall not be deemed to constitute a conveyance, disposal, or diversion pursuant to section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419 (C.13:8A-31), section 13 of P.L.1975, c.155 (C.13:8A-47), or section 32 or 33 of P.L.1999, c.152 (C.13:8C-32 or C.13:8C-33), as the case may be.
d. As used in this section:
"Constitutionally dedicated moneys" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3). "Green Acres bond act" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).
"Green Acres funds" means constitutionally dedicated moneys, Green Acres bond act moneys, or other State moneys appropriated to acquire lands for recreation and conservation purposes.
"Historic preservation" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).
"Historic property" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).
"Public-private partnership agreement" or "agreement" means an agreement entered into by a municipality and a private entity pursuant to this section for the purposes of historic preservation of a municipally owned historic property.
"Recreation and conservation purposes" means the same as that term is defined in section 3 of P.L.1999, c.152 (C.13:8C-3).
2. This act shall take effect immediately.
STATEMENT
This bill would authorize a municipality to enter into a public-private partnership for the historic preservation of municipally owned historic property. This bill would provide a municipality with the option to enter into a partnership with a private entity for the historic preservation of a historic property on land acquired by a municipality for recreation and conservation purposes, provided, however, that: the land continues to be preserved and used for recreation and conservation purposes; any restrictions on the land concerning recreation and conservation purposes or historic preservation purposes are maintained; public access to the land for recreation and conservation purposes is not limited because of the historic preservation; and the historic preservation is completed in substantial compliance with the requirements of the United States Secretary of the Interior's Standards for Rehabilitation.
The bill would require a municipality that wishes to enter into a public-private partnership to hold a public hearing to solicit public input on the proposed public-private partnership agreement prior to its final approval. The municipality would also be required to provide certain notices, in writing, to the Commissioner of Environmental Protection.
