S3618 2R

An Act concerning the movement of wildlife throughout the State, ²[¹and¹]² supplementing Title 23 ²[and Title 27]² of the Revised Statutes ²[¹[, and making an appropriation]¹ , and making an appropriation².

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. As used in this section:

"Action plan" means the ²[Wildlife Corridor Action Plan] “Wildlife Corridor Action Plan”² developed ²[and implemented]² pursuant to subsection b. of this section.

²“Crossing project” means a project within a wildlife corridor that incorporates additional measures into a transportation project, which measures promote motor vehicle driver safety and wildlife habitat connectivity and are conducive to wildlife quality of life and safety.

“Transportation project” means a project involving roadways, bridges, or culverts that has been included in the State’s Annual Transportation Capital Program. “Transportation project” shall not include maintenance or repair projects.²

"Wildlife corridor" means a swath of land proximate to wildlife populations along which wildlife may move freely without ²significant² risk of injury or death from motor vehicles or ²undue² interference due to other man-made barriers.

b. No later than ²[24] 36² months after the effective date of this act, the Department of Environmental Protection and the Department of Transportation shall jointly develop ²[and implement]² a "Wildlife Corridor Action Plan," ²based on the requirements outlined in subsection c. of this section,² which shall be updated at least every 10 years. No later than 60 days after the completion of the development of the plan, and any update or revision thereto, the Department of Environmental Protection and the Department of Transportation shall prepare and submit to the Governor, and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, a summary of the ²[Wildlife Corridor Action Plan] “Wildlife Corridor Action Plan”².

c. The ²[Wildlife Corridor Action Plan] “Wildlife Corridor Action Plan”² shall:

(1) identify wildlife corridors, wildlife-vehicle collision hotspots, and existing or planned barriers to wildlife movement along these corridors;

(2) ²[prioritize] identify² and recommend ²criteria for² crossing projects to promote motor vehicle driver safety and wildlife connectivity with natural and wildlife areas conducive to quality of life and safety for wildlife ²[¹. The Department of Transportation shall incorporate the recommended crossing projects into road construction, maintenance, or repair projects whenever feasible¹]²;

(3) use relevant State databases and complement and incorporate existing conservation strategies developed in the State, including but not limited to, any State wildlife action plans and the Department of Environmental Protection's "Connecting ²[Habitats] Habitat² Across New Jersey" project (NJ CHANJ);

(4) consider the impact of ²[road] transportation² projects on wildlife corridors ²[incorporating] and recommend² strategies to mitigate threats to wildlife and wildlife corridors by modifying and incorporating safety measures into ²[road and highway construction] transportation² projects; and

(5) coordinate action between the Department of Environmental Protection, the Department of Transportation, other State agencies and independent authorities, federal agencies, and national and State conservation, environment, and wildlife groups and organizations to maximize the effectiveness and safety of wildlife corridors.

d. ²[While developing and implementing the action plan pursuant to subsections b. and c. of this section, the Department of Environmental Protection and the Department of Transportation may call upon the advice and services of other State agencies and independent authorities, federal agencies, and national and State conservation, environment, or wildlife groups and organizations] No later than 36 months after the “Wildlife Corridor Action Plan” is submitted to the Governor and the Legislature, pursuant to subsection b. of this section, the Department of Transportation shall review the plan and identify and recommend crossing projects that, to the extent feasible, may be incorporated into a transportation project. The Department of Transportation shall not identify and recommend crossing projects for inclusion in any transportation project that has surpassed the concept development phase, the selection of a preferred alternative, or an equivalent milestone since the enactment of P.L. , c. (C. ) (pending before the Legislature as this bill)².

e. ²[The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill)] While developing the action plan pursuant to subsection b. of this section, the Department of Environmental Protection and the Department of Transportation may call upon the advice and services of other State agencies and independent authorities, federal agencies, and national and State conservation, environment, or wildlife groups and organizations. While reviewing the plan pursuant to subsection d. of this section, the Department of Transportation may call upon the advice and services of other State agencies and independent authorities, federal agencies, and national and State conservation, environment, or wildlife groups and organizations².

²2. The Department of Environmental Protection may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).²

²[2.] 3.² The Department of Transportation ²[shall] may² adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).

¹[3. There is appropriated from the General Fund to the Department of Environmental Protection and the Department of Transportation, to be allocated to each department as necessary, the sum of $90,000 to implement the provisions of this act.]¹

²4. There is appropriated from the General Fund to the Department of Environmental Protection and the Department of Transportation, to be allocated to each department as necessary, the sum of $90,000 to implement the provisions of this act.²

¹[4.] ²[3.¹] 5.² This act shall take effect immediately.