Read the full stored bill text
A4362
ASSEMBLY, No. 4362
STATE OF NEW JERSEY
222nd LEGISLATURE
�
INTRODUCED FEBRUARY 19, 2026
Sponsored by:
Assemblyman� ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
���� Establishes Office of Citizen Involvement, Land Use,
and Planning Advocate and transfers basic course in land use law and Office of
Planning Advocacy to newly established office.
CURRENT VERSION OF TEXT
���� As introduced.
��
An Act
concerning land use planning, including
informational and educational requirements, supplementing chapter 18A of Title
52 of the Revised Statutes, and amending P.L.2005, c.133.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section)� a.� There
is established in the Department of State the Office of Citizen Involvement,
Land Use, and Planning Advocate.� The Office of Planning Advocacy is abolished,
and all of the State programs and personnel, obligations, and duties pertaining
to the Office of Planning Advocacy in the Department of State shall be
transferred to the Office of Citizen Involvement, Land Use, and Planning Advocate.�
The Office of Citizen Involvement, Land Use, and Planning Advocate shall
provide information, guidance, and training to members of the public concerning
land use law and planning, to:
���� (1)�� increase public
awareness of the impact that land use and zoning matters, including
developments of regional impact, warehouses, and other similar projects, have
on the lives of citizens of this State;
���� (2)�� promote accountability,
transparency, and advocacy in the State and local planning process; and
���� (3)�� develop innovative ways
to assist individuals and local government units with questions concerning the
planning, siting, construction, and maintenance of developments of regional
impact, warehouses, and other similar projects.�
���� b.��� The Secretary of State shall
appoint a Director of the Office of Citizen Involvement, Land Use, and Planning
Advocate, who shall, by training and experience, be well-versed in municipal
land use law and planning, zoning matters, the "Municipal Land Use Law,"
P.L.1975, c.291 (C.40:55D-1 et seq.), and the planning, siting, construction,
and maintenance of developments of regional impact, warehouses, and other
similar projects.� The Director of the Office of Citizen Involvement, Land Use,
and Planning Advocate shall serve at the pleasure of the State Planning
Commission, devote their entire time to the duties of their office, and create
and organize subordinate units in the program that are necessary to perform the
duties required pursuant to P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill).
���� c.� The Director of the Office
of Citizen Involvement, Land Use, and Planning Advocate shall:
���� (1)�� create and maintain a
database for information pertaining to the planning, siting, construction, and
maintenance of developments of regional impact, warehouses, and other similar
projects.� The database shall serve as a consolidated and centralized public
information resource for information, questions, concerns, public comment and
feedback, or other inquiries that are typically directed to the Department of
State and to other State agencies, including but not limited to, the Department
of Environmental Protection, Department of Health, Department of Transportation,
and Department of Community Affairs, and which concern the planning, siting,
construction, and maintenance of developments of regional impact, warehouses,
and other similar projects.� The director shall maintain the database as
required by this section, and advertise the information and resources provided
by the Office of Citizen Involvement, Land Use, and Planning Advocate as
required pursuant to P.L.��� , c.��� (C.������� ) (pending before the
Legislature as this bill) on the Office of Citizen Involvement, Land Use, and
Planning Advocate�s Internet website;
���� (2)�� consult with the New
Jersey Planning Officials related to the preparation and offering of the basic
course in land use law and planning, as required pursuant to section 2 of P.L.2005,
c.133 (C.40:55D-23.3); keep records of the persons that have taken and have
passed the required course; and provide, by rule, for the removal of
individuals from the local planning board and zoning board of adjustment who
did not satisfy the requirements pursuant to section 2 of P.L.2005, c.133
(C.40:55D-23.3), and for the notification of the governing body of the
municipality of the names of the members on the local planning board or zoning
board of adjustment that did not satisfy the requirements pursuant to section 2
of P.L.2005, c.133 (C.40:55D-23.3);
���� (3)�� maintain a list of the
State personnel that review plans for the siting, construction, and maintenance
of developments of regional impact, warehouses, and other similar projects;
���� (4)�� create and maintain a
list of information and questions that State and local officials are advised to
ask developers to provide prior to the planning, siting, construction, and
maintenance of developments of regional impact, warehouses, and other similar
projects;
���� (5)�� provide plain language
guidance materials concerning the development process and the planning, siting,
construction, and maintenance of developments of regional impact, warehouses,
and other similar projects for members of the public; and
���� (6)�� proactively assist
communications and coordination between local officials and State offices
concerning land use and zoning matters, developments of regional impact,
warehouses, and other similar projects.
���� 2.��� Section 2 of P.L.2005,
c.133 (C.40:55D-23.3) is amended to read as follows:
���� 2.��� a.� The
[
Commissioner
of Community Affairs
]
Director of the Office of Citizen Involvement, Land Use, and Planning
Advocate
shall cause to be prepared and offered a basic course in land use
law and planning within six months from the effective date of P.L.2005, c.133
(C.40:55D-23.3 et al.) for current and prospective members and alternate
members of local planning boards pursuant to section 14 of P.L.1975, c.291
(C.40:55D-23) and section 13 of P.L.1979, c.216 (C.40:55D-23.1), zoning boards
of adjustment pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69), and
supplemental zoning boards of adjustment pursuant to section 1 of P.L.2019,
c.225 (C.40:55D-69.2), and combined boards as authorized under law.� The basic
course to be prepared and offered pursuant to this section shall consist of no
more than five hours of scheduled instruction and shall be structured so that a
member may satisfy this requirement within one calendar day.� The
[
commissioner
]
Director
of the Office of Citizen Involvement, Land Use, and Planning Advocate
shall
work in conjunction with the New Jersey Planning Officials in establishing
standards for curriculum and administration of the course of study.
���� b.��� On or after the first
date on which a course in land use law and planning is offered, except as
otherwise provided in section 3 of P.L.2005, c.133 (C.40:55D-23.4), a person
shall not be seated as a first-term member or alternate member of a local
planning board pursuant to section 14 of P.L.1975, c.291 (C.40:55D-23) or
section 13 of P.L.1979, c.216 (C.40:55D-23.1), a zoning board of adjustment
pursuant to section 56 of P.L.1975, c.291 (C.40:55D-69) or a combined board as
authorized under law, unless the person agrees to take the basic course
required to be offered under subsection a. of this section, which the person
shall successfully complete within 18 months of assuming board membership in
order to retain board membership.� A person shall not be seated as a regular
member of a supplemental zoning board of adjustment established pursuant to
section 1 of P.L.2019, c.225 (C.40:55D-69.2) unless the person agrees to take
the basic course offered under subsection a. of this section and successfully
completes the course within six months of assuming board membership.
���� c.���� Except as otherwise
provided in section 3 of P.L.2005, c.133 (C.40:55D-23.4), any person who is
serving as a member or alternate member of a planning board or zoning board of
adjustment or combined board as authorized under law on the first date on which
a course in land use law and planning is offered shall be required to complete
that course within 18 months of the date upon which the course is first offered
in order to retain membership on that board.
���� d.��� A hearing or proceeding
held, or decision or recommendation made, by a planning board or zoning board
of adjustment shall not be invalidated if a member has participated in the
hearing or proceeding or in the decision making or recommendation and that member
is subsequently found not to have completed the basic course in land use law
and planning required pursuant to P.L.2005, c.133 (C.40:55D-23.3 et al.).
(cf: P.L.2019, c.225, s.2)
���� 3.��� (New section)� The
Secretary of State shall, in accordance with the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as
necessary to implement the provisions of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).� Additionally, the Secretary of State
shall provide for the State funds available for the basic course in land use
law and planning, established pursuant to section 2 of P.L.2005, c.133
(C.40:55D-23.3), and for the Office of Planning Advocacy in the Department of
State, abolished pursuant to section 1 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill), to be transferred to the Office of
Citizen Involvement, Land Use, and Planning Advocate in the Department of
State.
���� 4.��� This act shall take
effect on the first day of the fourth month next following the date of
enactment, except that the Secretary of State may take anticipatory action
necessary to effectuate the provisions of this bill.�
STATEMENT
���� This bill establishes the
Office of Citizen Involvement, Land Use, and Planning Advocate in the
Department of State to provide information, guidance, and training to members
of the public concerning land use law and planning, to:
���� (1)�� increase public
awareness of the impact that land use and zoning matters, including
developments of regional impact, warehouses, and other similar projects, have
on the lives of citizens of this State;
���� (2)�� promote accountability,
transparency, and advocacy in the State and local planning process; and
���� (3)�� develop innovative ways
to assist individuals and local government units with certain projects,
including developments of regional impact and warehouses.�
���� The bill abolishes the Office
of Planning Advocacy in the Department of State, and transfers the State
programs and personnel, obligations, and duties pertaining to the Office of
Planning Advocacy to the Office of Citizen Involvement, Land Use, and Planning Advocate
(office).
���� The bill requires the
Secretary of State to appoint a Director of the office (director), who is
required to:
���� (1)�� create and maintain a
database for, and provide information pertaining to, the planning, siting,
construction, and maintenance of developments of regional impact, warehouses,
and other similar projects, which would serve as a consolidated and centralized
public information resource.� The bill requires the director to advertise the
information and resources provided by the office on the office�s Internet
website;
���� (2)�� consult with the New
Jersey Planning Officials related to the preparation and offering of the basic
course in land use law and planning, keep records of the persons that have
taken and have passed the required course; and provide for the removal of
individuals from the local planning board and zoning board of adjustment who
did not satisfy the requirements of the course, and for the notification of the
governing body of the municipality of the names of the members on the local
planning board or zoning board of adjustment that did not satisfy the
requirements of the course;
���� (3)�� maintain a list of the
State personnel that review plans for the siting, construction, and maintenance
of developments of regional impact, warehouses, and other similar projects;
���� (4)�� create and maintain a
list of information and questions that the public State and local officials are
advised to ask developers to provide prior to the planning, siting,
construction, and maintenance of developments of regional impact, warehouses,
and other similar projects;
���� (5)�� provide plain language
guidance materials concerning the development process for members of the
public; and
���� (6)�� proactively assist
communications and coordination between local officials and State offices
concerning land use and zoning matters, developments of regional impact,
warehouses, and other similar projects.
���� The bill also requires the
transfer of the funds available for the Office of Planning Advocacy to be
transferred to the Office of Citizen Involvement, Land Use, and Planning Advocate,
and requires the director, instead of the Commissioner of Community Affairs, to
prepare and establish standards for the curriculum and administration of the
basic course in land use law and planning.
���� This bill is to take effect on
the first day of the fourth month next following the date of enactment, except
that the Secretary of State is to be permitted to take anticipatory action
necessary to effectuate the provisions of the bill.