Bill Text: NJ S128 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits NJT from making major alterations to rail yards located near certain environmentally sensitive areas.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced in the Senate, Referred to Senate Transportation Committee [S128 Detail]
Download: New_Jersey-2022-S128-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator JAMES W. HOLZAPFEL
District 10 (Ocean)
SYNOPSIS
Prohibits NJT from making major alterations to rail yards located near certain environmentally sensitive areas.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning New Jersey Transit rail yards located near certain environmentally sensitive areas and supplementing P.L.1979, c. 150 (C.27:25-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Unless expressly authorized to do so in writing by the Governor after consultation with the Department of Environmental Protection and the United States Environmental Protection Agency, the New Jersey Transit Corporation shall not make, or cause to be made, any major alterations, renovations, improvements, upgrades, or additions to any rail yard:
(1) which is located within the coastal area as defined and regulated pursuant to P.L.1973, c.185 (C.13:19-1 et seq.);
(2) from which surface water or groundwater flows into the watershed of the Barnegat Bay Estuary or into wetlands designated by the United States Environmental Protection Agency to be priority wetlands; and
(3) any portion of which is located in, or within 1,000 feet of:
(a) a freshwater wetland or freshwater wetland transition area, as defined and regulated pursuant to P.L.1987, c.156 (C.13:9B-1 et seq.) or any rules or regulations adopted pursuant thereto;
(b) a coastal or tidal wetland or coastal or tidal wetland buffer or transition area, as defined and regulated pursuant to P.L.1970, c.272 (C.13:9A-1 et seq.), P.L.1973, c.185 (C.13:19-1 et seq.), or any rules or regulations adopted pursuant thereto; or
(c) a tidal water body, as defined and regulated pursuant to R.S.12:5-1 et seq., P.L.1970, c.272 (C.13:9A-1 et seq.), P.L.1973, c.185 (C.13:19-1 et seq.), or any rules or regulations adopted pursuant thereto.
b. (1) The Governor shall not consider any application for authorization pursuant to subsection a. of this section to proceed with a major alteration, renovation, improvement, upgrade, or addition to a rail yard unless the New Jersey Transit Corporation, or its representatives, contractors, or agents, as the case may be, have first obtained all applicable federal, State, county, and local permits and approvals required by law, rule or regulation, or county or local ordinance or resolution, including, but not limited to, those State permits and approvals required pursuant to R.S.12:5-1 et seq., P.L.1970, c.272 (C.13:9A-1 et seq.), P.L.1987, c.156 (C.13:9B-1 et seq.), P.L.1973, c.185 (C.13:19-1 et seq.), or any rule or regulation adopted pursuant thereto. The provisions and requirements of subsection a. of this section shall be in addition to any other applicable provisions or requirements of R.S.12:5-1 et seq., P.L.1970, c.272 (C.13:9A-1 et seq.), P.L.1987, c.156 (C.13:9B-1 et seq.), P.L.1973, c.185 (C.13:19-1 et seq.), any rule or regulation adopted pursuant thereto, or any other law, rule, or regulation, or county or local ordinance or resolution.
(2) The Governor may refuse to authorize a major alteration, renovation, improvement, upgrade, or addition to a rail yard pursuant to subsection a. of this section for any reason.
c. For the purposes of this act, a "major alteration, renovation, improvement, upgrade, or addition to a rail yard" shall include, but need not be limited to, facility lighting, the laying of additional track, the construction of a fuel canopy, the construction of fuel tanks or a fuel tank farm, the construction of a compressor house, or any other alteration, renovation, improvement, upgrade, or addition to a rail yard as may be determined by the Department of Environmental Protection, in consultation with the Department of Transportation and after holding at least one public hearing thereon, pursuant to rules or regulations adopted by the Department of Environmental Protection in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
2. This act shall take effect immediately and shall apply to any major alteration, renovation, improvement, upgrade, or addition to a rail yard undertaken by or for the New Jersey Transit Corporation for which an application pursuant to R.S.12:5-1 et seq., P.L.1970, c.272 (C.13:9A-1 et seq.), P.L.1987, c.156 (C.13:9B-1 et seq.), or P.L.1973, c.185 (C.13:19-1 et seq.), or any rules or regulations adopted pursuant thereto, has been submitted to the Department of Environmental Protection after March 31, 2022.
STATEMENT
This bill would prohibit the New Jersey Transit Corporation from making any major alterations, renovations, improvements, upgrades, or additions to any rail yard:
(1) which is located within the coastal area as defined and regulated by the "Coastal Area Facility Review Act" (CAFRA);
(2) from which surface water or groundwater flows into the watershed of the Barnegat Bay Estuary or into wetlands designated by the United States Environmental Protection Agency to be priority wetlands; and
(3) any portion of which is located in, or within 1,000 feet of:
(a) a freshwater wetland or freshwater wetland transition area;
(b) a coastal or tidal wetland or coastal or tidal wetland buffer or transition area; or
(c) a tidal water body.
Exceptions to the bill's prohibition would be allowed only by express written authorization of the Governor, following consultation with the Department of Environmental Protection and the United States Environmental Protection Agency.
