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NELSON SUPKO & HANLON LLC www.monmouthlegal.com January 10, 2012 The 214th legislative session of the State of New Jersey has concluded. As of the close of the legislative business at approximately 11pm last night, there are now over 100 bills awaiting action on the Governors desk, many of which may impact local government entities. Any bill not signed by the Governor or not acted upon by the legislature this past session, will have to be reintroduced in the new legislative session. On a sad note, Republican Assembly Leader Alex DeCroce, one of the few remaining gentleman in politics these days, passed away from an apparent heart attack immediately after the close of the session. As a result, the Governors State of the State address that kicks off the new legislative session will not be conducted until next week. organic pesticide applications would have been allowed, and there was an exception that would have allowed stronger pesticides during emergencies.
LAW: Flood Prone Area Acquisitions Authorized Using Open Space Funds
Signed into law by the Governor on January 5, 2012, P.L. 2011, c.33 allows counties and municipalities to utilize county and municipal open space trust funds respectively for the additional purpose of purchasing flood-prone properties, otherwise known as Blue Acres. This law revises the names of open space trust funds to include floodplain protection. It defines Blue Acres project to mean any project to acquire, for recreation and conservation purposes, lands that have been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage, and includes the demolition of structures on, the removal of debris from, and the restoration of those lands to a natural state or to a state useful for recreation and conservation purposes.
VETO: Streamline Local Review for Certain Wind Energy Devices On Farmland
A3992/S2887 was conditionally vetoed by the Governor yesterday. This legislation would have streamlined the approval process for wind generating devices on farmland, but the bills sponsor has indicated that the Governors conditional veto has effectively killed the legislation.
GOVERNOR: Establishment of Uniform Property Tax Assessments for Commercial Renewable Energy Facilities
Pending action by the Governor, S2888 establishes uniform real property taxation for commercial renewable energy systems and limits municipal construction permit fees for non-commercial renewable energy systems. This legislation defines commercial renewable energy system distinctly from on site systems. Accordingly, property that has been certified as a commercial renewable energy system would be exempt from property taxation, and would instead be subject to a uniform tax rate. The owner of real property on which a certified commercial renewable energy system is located would have an assessed value equal to the assessed valuation of the real property without the commercial renewable energy system included, with the additional tax due for the commercial renewable energy system calculated as follows: $7,000 for each 1,000 kilowatts of direct current capacity, or its equivalent, for the first year of commercial operation of the system, increasing by one percent in each subsequent year of commercial operation and until decommissioning of the system. This legislation also prohibits the payment of a municipal fee or charge in excess of the cost of review and issuance of the construction permit for the installation or alteration of a non-commercial renewable energy system in any building.