Bill Text: NJ A5990 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires State to transfer Lake Hopatcong to Morris and Sussex counties.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-11-25 - Introduced, Referred to Assembly State and Local Government Committee [A5990 Detail]
Download: New_Jersey-2018-A5990-Introduced.html
Sponsored by:
Assemblyman MICHAEL PATRICK CARROLL
District 25 (Morris and Somerset)
SYNOPSIS
Requires State to transfer Lake Hopatcong to Morris and Sussex counties.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the transfer of Lake Hopatcong to the County of Morris and the County of Sussex.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The portions, of the four square miles in area, including the improvements thereon, owned by the State, known as Lake Hopatcong in Morris and Sussex county are hereby declared to be surplus property to the needs of the State and deemed appropriate and usable for preservation, recreation, or conservation purposes. The Attorney General is hereby authorized to transfer all of the State's interest in those portions of Lake Hopatcong, and the improvements thereon, owned by the State to the County of Morris and the County of Sussex, in accordance with the provisions and schedule set forth in this section. During the period of six months after the effective date of this act, the counties shall be permitted, before entering into any agreement for the transfer of portions of Lake Hopatcong, to examine and evaluate the condition thereof, and the State shall provide the counties at their request with any information or other assistance reasonably necessary for the conduct of that examination and evaluation. The conveyance of the portions of Lake Hopatcong, and improvements thereon, owned by the State is declared to be in the best interest of the State.
b. The written agreement conveying the portions of Lake Hopatcong, and improvements thereon, owned by the State from the State to the County of Morris and the County of Sussex shall contain appropriate restrictions limiting the use of Lake Hopatcong for preservation, recreation, or conservation purposes. Upon the conveyance, the County of Morris and the County of Sussex shall agree to assume responsibility for the preservation, management, and maintenance of the portions of Lake Hopatcong, and improvements thereon, owned by the State and to provide public access thereto.
c. Prior to the execution of the conveyance of the portions of Lake Hopatcong, and the improvements thereon, owned by the State, the State shall conduct a review and determination of any removal of hazardous materials or remediation of environmental conditions that would be required so Lake Hopatcong can be available safely to the public. A written report of this review and determination shall be submitted to the County of Morris and the County of Sussex upon completion. The review shall be completed within 90 days following the effective day of this act.
If the report contains a determination that removal of hazardous materials or remediation of environmental conditions is needed, the State, the County of Morris, and the County of Sussex shall enter into a written agreement, prior to the conveyance, as to which entity shall be responsible for the removal of hazardous materials or remediation of environmental conditions, and the schedule for the removal and remediation before the execution of conveyance or after.
The portions of Lake Hopatcong, and the improvements thereon, owned by the State shall be conveyed to the County of Morris and the County of Sussex in an "as is" condition with no responsibility assumed or expenditure made by the State prior to, or as a condition of, the execution of conveyance, unless otherwise provided in a written agreement between the State, the County of Morris, and the County of Sussex prior to the execution of the conveyance, for any removal of hazardous materials or remediation of environmental conditions. The State may assume responsibility for and make an expenditure for such removal of hazardous materials or remediation of environmental conditions if such action is an integral part of any removal or remediation to be undertaken and completed by the State in accordance with a written agreement entered into pursuant to this subsection.
d. The Attorney General shall be responsible for ensuring the implementation of this act for the expeditious execution of the conveyance of the portions of Lake Hopatcong, and improvements thereon, owned by the State, describe in this section in accordance with the schedule set forth in subsection f. The necessary documents required for the execution of the conveyance, including any written agreements provided for in this section, shall be prepared by the Attorney General.
e. The execution of the conveyance of the portions of Lake Hopatcong, and the improvements thereon, owned by the State, described in this section shall be without compensation and shall be made free of all liens and other claims by third parties.
f. (1) Within 90 days following the effective date of this act, the Attorney General shall obtain a survey and inventory of Lake Hopatcong described in subsection a. of this section necessary for the proper conveyance.
(2) If portions of Lake Hopatcong, and the improvements thereon, owned by the State, are being used for the purposes of State government on the effective date of this act, the execution of the conveyance of those portions in use may be delayed, but in no event longer than one year following the effective date of this act.
(3) The County of Morris, the County of Sussex, and the Attorney General may enter into a written agreement to extend the schedule provided for in this section for the execution of the conveyance. If no such agreement is entered into prior to the 180th day following the effective date of this act, the schedule set forth in this section shall be implemented.
g. Notwithstanding the provisions of section 4 of P.L.1997, c.135 (C.52:31-1.3a) or any other law, rule, or regulations to the contrary, the execution of the conveyance of the portions of Lake Hopatcong, and the improvements thereon, owned by the State, shall not require the approval of the Department of Treasury, the Department of Environmental Protection, or the State House Commission, or require any further approval of the Legislature.
2. This act shall take effect immediately.
STATEMENT
Currently, Lake Hopatcong is a state-owned lake overseen by the Department of Environmental Protection. Under the bill, the Attorney General is authorized to transfer the portions of Lake Hopatcong, and the improvements thereon, owned by the State, to Morris and Sussex counties. The conveyance will include restrictions limiting the use of Lake Hopatcong for preservation, recreation, or conservation purposes. Upon the conveyance, Morris and Sussex County will be responsible for the preservation, management, and maintenance of the portions of Lake Hopatcong owned by the State and responsible for providing public access to the lake.
Prior to the conveyance of Lake Hopatcong, the State will conduct a review and determination of any removal of hazardous materials or remediation of environmental conditions that are required to make Lake Hopatcong available safely to the public. A written report of this review and determination will be submitted to Morris and Sussex County upon completion. If the report contains a determination that removal or remediation is needed, the State and Morris and Sussex County will enter into a written agreement, prior to the conveyance, as to which entity shall be responsible for the removal or remediation, and the schedule for the removal or remediation before the conveyance or after.
The Attorney General is required to transfer Lake Hopatcong to Morris and Sussex County in an "as is" condition with no responsibility assumed or expenditure made by the State prior to, or as a condition of, the conveyance, unless otherwise provided in a written agreement between the State and those counties, prior to the conveyance, for any removal or remediation. The State may assume responsibility for and make expenditure for such removal or remediation if such action is an integral part of any removal or remediation to be undertaken and completed by the State in accordance with a written agreement entered into under the bill.
The conveyance of Lake Hopatcong to Morris and Sussex County will be without compensation and will not require the approval of the Department of Treasury, the Department of Environmental Protection, or the State House Commission, or require any further approval of the Legislature.
