Environment (Coastal & Flood Protection)

This bill allows New Jersey municipalities that have established an arts and culture trust fund to temporarily redirect money collected from local taxes for open space, farmland, and historic preservation into their general operating funds. The change specifically applies only to the tax levy for fiscal year 2027 and any leftover money from previous years that has not yet been spent. Under the new rules, local governments can decide how to use these funds for purposes other than the original conservation and preservation goals. The legislation also permits residents to petition for changes to existing tax levies or to add new purposes for the funds through a vote.

This bill restricts the New Jersey Department of Environmental Protection and other state agencies from creating climate change rules that go beyond the specific scope authorized by the Global Warming Response Act. It explicitly prevents agencies from adopting regulations based on climate projections for areas like flood hazards and coastal permitting without legislative approval. The legislation aims to ensure that the Legislature, rather than unelected administrators, retains the final authority over major energy and environmental policy decisions.

This bill modifies New Jersey's affordable housing requirements by excluding flood-prone and environmentally sensitive land from vacant land calculations used to determine housing obligations. It directly affects municipalities by allowing them to disregard certain land types - such as conservation areas, historic sites, and lands below flood elevation - when assessing available resources for affordable housing projects. The legislation also establishes a cap on housing obligations for municipalities that lack sufficient vacant land and removes the Council on Affordable Housing, shifting responsibility to local governments to calculate their housing needs. Additionally, the bill provides municipalities with immunity from exclusionary zoning lawsuits if they meet specific deadlines for determining housing obligations.

This concurrent resolution (SCR 106) declares that the New Jersey Department of Environmental Protection's (DEP) "Protecting Against Climate Threats" rules - adopted January 20, 2026, and known as NJPACT-REAL - are inconsistent with legislative intent. The resolution argues the DEP overstepped its authority by adopting these rules without explicit legislative approval, as the DEP claimed authority under outdated laws that never intended to cover climate regulations. The rules significantly expand flood hazard areas, restrict development rights for property owners, and impact housing costs and property values. This resolution does not change the rules but formally states the Legislature’s position that the DEP must await future legislative action on climate policy.

This concurrent resolution (ACR 59) declares that the New Jersey Department of Environmental Protection's (DEP) proposed "NJPACT-REAL" rules - aimed at climate resilience and expanding flood zones - are inconsistent with legislative intent. It challenges the DEP's authority to unilaterally create these rules, arguing they exceed constitutional limits since the Legislature never authorized such sweeping changes through new laws. The resolution requires the DEP to amend or withdraw the rules within 30 days or face potential legislative action to invalidate them. This is a procedural step, not a law altering policies, focusing solely on the DEP's proposed rules' constitutional validity.