Bill Text: NJ AR158 | 2010-2011 | Regular Session | Introduced
Bill Title: Urges Governor to immediately authorize Delaware and Raritan Canal Commission to hire staff, and to continue to uphold mission of commission and authorizing law.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2011-06-27 - Filed with Secretary of State [AR158 Detail]
Download: New_Jersey-2010-AR158-Introduced.html
Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex)
Assemblyman CHARLES MAINOR
District 31 (Hudson)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Urges Governor to immediately authorize Delaware and Raritan Canal Commission to hire staff, and to continue to uphold mission of commission and authorizing law.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution urging the Governor to immediately authorize the Delaware and Raritan Canal Commission to hire staff, and to continue to uphold the mission of and perform the work required pursuant to the "Delaware and Raritan Canal State Park Law of 1974."
Whereas, The Delaware and Raritan Canal, also known as the D & R Canal, is one of the State's greatest natural assets, is an important environmentally protected land and water resource, and is treasured for its historic and cultural significance and recreational value to New Jerseyans; and
Whereas, The Delaware and Raritan Canal Commission (DRCC) protects the D & R Canal as a State park, a State and national historic district, and as a source of drinking water for approximately 1.5 million people in the State, under the authority vested in the commission pursuant to the "Delaware and Raritan Canal State Park Law of 1974," P.L.1974, c.118 (C.13:13A-1 et seq.); and
Whereas, The "Delaware and Raritan Canal State Park Law of 1974," which established the DRCC in the Department of Environmental Protection, was sponsored by Senators Lynch, Merlino, Bateman, and Dwyer with broad bipartisan support, receiving 36-0 votes in the Senate and 63-2 in the General Assembly, and was signed into law on October 10, 1974 by Governor Bryne; and
Whereas, The jurisdiction of the DRCC spans 448 square miles, or 6% of the State, extending through Hunterdon, Mercer, Middlesex, Monmouth, and Somerset counties; and
Whereas, Under Executive Order No. 15, signed by Governor Christie on February 23, 2010, the Commissioner of Environmental Protection was directed to identify the State authorities established in the department and make a recommendation as to whether the authorities should continue to exist, and the Commissioner of Environmental Protection indicated in response that the DRCC be considered for elimination; and
Whereas, The DRCC lost its two full-time support staff members in recent months, due to lateral position transfers into the Department of Environmental Protection, leaving only the Executive Director who is set to retire at the end of May 2011, and thus leaving the commission, and all those who submit applications to it, with no staff; and
Whereas, If a new director is not appointed and the DRCC is left completely unstaffed, no permits can be approved and business, development, and economic growth in the region would be instantly halted indefinitely, as the Department of Environmental Protection has no authority to perform the work of the DRCC and is also an entity regulated by the commission; and
Whereas, Without proper staffing of the DRCC, even if the D & R Canal State Park were to be maintained, the integrity of the viewshed and the water quality of the canal would be jeopardized; and
Whereas, At the April 28, 2011 joint meeting of the Senate Environment and Energy Committee and the Assembly Environment and Solid Waste Committee, the commissioners and Executive Director of the DRCC testified and indicated that they would like to train an incoming director as soon as possible, would like to and are willing to be part of the selection process of a new director and hold down the costs of the commission, and may also be in a position in the future to consider lowering fees; and
Whereas, The DRCC is a model of good government and government efficiency, and is further supported by diverse groups who benefit from the D & R Canal and park, including the regulated community; and
Whereas, The commission is entirely self-funded through application fees and at no cost to taxpayers; and
Whereas, It is altogether fitting and proper and in the public interest of this State for this House to urge the Governor to immediately authorize the Delaware and Raritan Canal Commission to hire an executive director and staff, and to continue to uphold the mission of and perform the work required pursuant to the "Delaware and Raritan Canal State Park Law of 1974"; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House respectfully urges the Governor to immediately authorize the Delaware and Raritan Canal Commission (DRCC) to hire a new Executive Director, prior to the retirement of the current Executive Director, and to hire or rehire full-time staff for the commission.
2. This House further expresses its continued support of the Delaware and Raritan Canal Commission (DRCC) and respectfully urges the Governor to uphold the "Delaware and Raritan Canal State Park Law of 1974" and the mission of the DRCC.
3. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk thereof, shall be transmitted to the Governor of the State of New Jersey, the Commissioner of Environmental Protection, and the Executive Director and each Commissioner appointed to the Delaware and Raritan Canal Commission.
STATEMENT
This resolution respectfully urges the Governor to immediately authorize the Delaware and Raritan Canal Commission (DRCC) to (1) hire a new Executive Director, prior to the retirement of the current director, and (2) hire or rehire full-time staff for the commission. This resolution further expresses the House's continued support of the DRCC and respectfully urges the Governor to uphold the "Delaware and Raritan Canal State Park Law of 1974" and the mission of the DRCC.
The Delaware and Raritan Canal, also known as the D & R Canal, is one of the State's greatest natural assets, and is protected by the DRCC pursuant to the "Delaware and Raritan Canal State Park Law of 1974," P.L.1974, c.118 (N.J.S.A.13:13A-1 et seq.). The main tasks of the DRCC are to: review and approve, reject or modify any action by the State in the D & R Canal State Park, or any permit for action in the park; undertake planning for the development of the park; and prepare and administer a land use regulatory program that will protect the park from the harmful impacts of new development in central New Jersey.
Executive Order No. 15, signed by Governor Christie on February 23, 2010, directed the Commissioner of Environmental Protection to identify the State authorities established in the Department of Environmental Protection (DEP) and make recommendations as to whether the authorities should continue to exist; in response, the commissioner indicated that the DRCC should be considered for elimination due to the duplicative nature of its permit granting functions. Because the DEP is regulated under the law, it would be inappropriate for the department to also administer the same law in the manner the commission currently does.
In recent months, the DRCC lost its two support staff, with only the Executive Director remaining. The director is set to retire at the end of May 2011, leaving the commission, and all those who submit applications to it, with no staff.
If a new director is not appointed and the DRCC is left completely unstaffed, no permits can be approved and business, development, and economic growth in the region would be instantly halted indefinitely, as the DEP has no authority to perform the work of the DRCC and is also an entity regulated by the commission. Without proper staffing of the DRCC, even if the D & R Canal State Park were to be maintained, the integrity of the viewshed and the water quality of the canal would be jeopardized.
At the April 28, 2011 joint meeting of the Senate Environment and Energy Committee and the Assembly Environment and Solid Waste Committee, the commissioners and Executive Director of the DRCC testified and indicated that they would like to train an incoming director as soon as possible, would like to and are willing to be part of the selection process of a new director and hold down the costs of the commission, and may also be in a position in the future to consider lowering fees.
The "Delaware and Raritan Canal State Park Law of 1974," which established the DRCC in the DEP, was sponsored by Senators Lynch, Merlino, Bateman, and Dwyer, receiving broad bipartisan support with a vote of 36-0 in the Senate. Assembly members Weidel, Woodson, Foran, Rizzolo, Bornheimer, Froude, Hamilton, Patero, Snedeker, Spizziri, Ewing, Kean, Hurley, Otlowski, Karcher, McManimon, Sweeney, Gallagher, Chinnici, Burgio and Yates sponsored the legislation in the General Assembly where it received a vote of 63-2, and was then signed into law on October 10, 1974 by Governor Bryne.
It is in the public interest of this State for this House to urge the Governor to immediately authorize the Delaware and Raritan Canal Commission to hire a new Executive Director and fill two full-time staff positions, and to continue to uphold the mission of and perform the work required under the "Delaware and Raritan Canal State Park Law of 1974."
