A5692

An Act authorizing certain cumulative impact assessments, supplementing P.L.1985, c.222 (C.52:27D-301 et al.), and amending P.L.1995, c.231.

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

1. (New section) This act shall be known and may be cited as the "Responsible Environmental Planning for Land and Neighborhoods Act" or the "RE-PLAN Act."

2. (New section) a. If a municipality identifies developable land as part of the process of adopting and implementing its housing element and fair share plan, the municipality may complete a cumulative impact assessment regarding the identified parcels.

b. The cumulative impact assessment shall be conducted by a third-party consultant, selected by the planning board in compliance with the rules and regulations of the Commissioner of Community Affairs, who shall possess expertise in the environmental, economic, and social impacts of development.

c. A cumulative impact assessment conducted pursuant to this section shall include, but not be limited to, measurements of the totality of exposures to combinations of chemical and nonchemical stressors and their effects on health, well-being, and quality of life outcomes over time across population groups and communities potentially impacted by such stressors following development.

d. If a cumulative impact assessment indicates that development of the land creates a substantial environmental, economic, or social risk to existing and prospective community residents, consistent with the rules and regulations of the Commissioner of Community Affairs, then the land shall be excluded from classification as vacant land, consistent with subsection (h) of section 1 of P.L.1995, c.231 (C.52:27D-310.1).

3. (New section) a. In compliance with the rules and regulations adopted by the commissioner pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), a municipality may, for the fourth round of affordable housing obligations, file an action through the Affordable Housing Dispute Resolution Program, established pursuant to section 5 of P.L.2024, c.2 (C.52:27D-313.2), to obtain an adjustment of its housing element and fair share plan following the completion of a cumulative impact assessment conducted pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill). During the fifth and subsequent rounds of affordable housing obligations, the results of a cumulative impact assessment, if conducted, shall be incorporated into the initial adoption of a housing element and fair share plan.

b. A municipality may, by ordinance, impose a surcharge on development applications or building inspection fees, in amount necessary to cover the actual costs of the municipality for complying with P.L. , c. (C. ) (pending before the Legislature as this bill).

4. (New section) a. The Commissioner of Community Affairs, in accordance with the "Administrative Procedures Act," P.L.1968, c.140 (C.52:14B-1 et seq.), and in consultation with the Department of Environmental Protection, shall adopt rules and regulations to effectuate the provisions of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill) on or before the first day of the fourth month next following enactment.

b. The rules and regulations of the commissioner shall include, but shall not be limited to parameters for:

(1) the qualifications and selection of a third-party consultant;

(2) the analysis that shall be included in a cumulative impact assessment; and

(3) determining what constitutes a substantial environmental, economic, or social risk.

5. (New section) Within 150 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the Department of Community Affairs shall establish an educational campaign to assist municipalities on how to adjust their affordable housing obligations for the fourth round of affordable housing obligations.

6. Section 1 of P.L.1995, c.231 (C.52:27D-310.1) is amended to read as follows:

1. Any municipality that receives an adjustment of its prospective need obligations for the fourth round or subsequent rounds based on a lack of vacant land shall, as part of the process of adopting and implementing its housing element and fair share plan, identify sufficient parcels likely to redevelop during the current round of obligations to address at least 25 percent of the prospective need obligation that has been adjusted and adopt realistic zoning that allows for such adjusted obligation, or demonstrate why the municipality is unable to do so. When computing a municipal adjustment regarding available land resources as part of the determination of a municipality's fair share of affordable housing, the municipality, in filing a housing element and fair share plan pursuant to subsection f. of section 3 of P.L.2024, c.2 (C.52:27D-304.1), shall exclude from designating, and the process set forth pursuant to section 3 of P.L.2024, c.2 (C.52:27D-304.1) and section 13 of P.L.1985, c.222 (C.52:27D-313) shall confirm was correctly excluded, as vacant land:

(a) any land that is owned by a local government entity that as of January 1, 1997, has adopted, prior to the institution of a lawsuit seeking a builder's remedy or prior to the filing of a petition for substantive certification of a housing element and fair share plan, a resolution authorizing an execution of agreement that the land be utilized for a public purpose other than housing;

(b) any land listed on a master plan of a municipality as being dedicated, by easement or otherwise, for purposes of conservation, park lands or open space and which is owned, leased, licensed, or in any manner operated by a county, municipality or tax-exempt, nonprofit organization including a local board of education, or by more than one municipality by joint agreement pursuant to P.L.1964, c.185 (C.40:61-35.1 et seq.), for so long as the entity maintains such ownership, lease, license, or operational control of such land;

(c) any vacant contiguous parcels of land in private ownership of a size which would accommodate fewer than five housing units based on appropriate standards pertaining to housing density;

(d) historic and architecturally important sites listed on the State Register of Historic Places or National Register of Historic Places prior to the date of filing a housing element and fair share plan pursuant to section 3 of P.L.2024, c.2 (C.52:27D-304.1) or initiation of an action pursuant to section 13 of P.L.1985, c.222 (C.52:27D-313);

(e) agricultural lands when the development rights to these lands have been purchased or restricted by covenant;

(f) sites designated for active recreation that are designated for recreational purposes in the municipal master plan; [and]

(g) environmentally sensitive lands where development is prohibited by any State or federal agency, including, but not limited to, the Highlands Water Protection and Planning Council, established pursuant to section 4 of P.L.2004, c.120 (C.13:20-4), for lands in the Highlands Preservation Area, and lands in the Highlands Planning Area for Highlands-conforming municipalities; and

(h) land that is determined, pursuant to a cumulative impact assessment conducted pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), to pose a substantial environmental, economic, or social risk to existing and prospective community residents if the land is to be developed.

No municipality shall be required to utilize for affordable housing purposes land that is excluded from being designated as vacant land.

(cf: P.L.2024, c.2, s.23)

7. This act shall take effect immediately.

STATEMENT

This bill, the "Responsible Environmental Planning for Land and Neighborhoods Act" or the "RE-PLAN Act," authorizes a municipality to complete a cumulative impact assessment on parcels of land the municipality identifies as developable land as part of the process of adopting and implementing its housing element and fair share plan pursuant to the "Fair Housing Act," (FHA) P.L.1985, c.222 (C.52:27D-301 et al.). The cumulative impact assessment is to be conducted by a third-party consultant, selected by the planning board in compliance with the rules and regulations of the Commissioner of Community Affairs, who is to possess expertise in the environmental, economic, and social impacts of development. The cumulative impact assessment is to include, but not be limited to, measurements of the totality of exposures to combinations of chemical and nonchemical stressors and their effects on health, well-being, and quality of life outcomes over time across population groups and communities potentially impacted by such stressors following development. If a cumulative impact assessment indicates that development of the land creates a substantial environmental, economic, or social risk to existing and prospective community residents, consistent with the rules and regulations of the Commissioner of Community Affairs, then the land is to be excluded as vacant land for the purposes of determining the municipality’s fair share of the regional need for affordable housing.

For the current fourth round of affordable housing obligations, the bill permits a municipality to file an action through the Affordable Housing Dispute Resolution Program, established pursuant to the FHA, to obtain an adjustment of its housing element and fair share plan following the completion of a cumulative impact assessment. During the fifth and subsequent rounds of affordable housing obligations, the results of a cumulative impact assessment, if a cumulative impact assessment is conducted, are to be incorporated into the initial adoption of a housing element and fair share plan.

The bill requires the Commissioner of Community Affairs, in consultation with the Department of Environmental Protection, to adopt rules and regulations to effectuate the provisions of the bill. The rules and regulations are to include, but are not to be limited to parameters for: (1) the qualifications and selection of a third-party consultant; (2) the analysis that is to be included in a cumulative impact assessment; and (3) determining what constitutes a substantial environmental, economic, or social risk.

The bill also requires DCA to establish an educational campaign to assist municipalities on how to adjust their affordable housing obligations for the fourth round of affordable housing obligations.

The bill is to take effect immediately.