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S2924 1R
[First Reprint]
SENATE, No. 2924
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Senator RAJ MUKHERJI
District 32 (Hudson)
Senator JOHN F. MCKEON
District 27 (Essex and Passaic)
Co-Sponsored by:
Senators McKnight, Diegnan and Gopal
SYNOPSIS
���� �Liberty State Park Protection Act�; establishes
requirements concerning DEP actions related to Liberty State Park.
CURRENT VERSION OF TEXT
���� As reported by the Senate Environment and Energy
Committee on March 16, 2026, with amendments.
��
An Act
concerning Liberty State Park, supplementing Title 13
of the Revised Statutes, and amending P.L.1983, c.324 and P.L.2015, c.19.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section) Sections 1
through
1
[
7
]
5
1
of P.L. , c. (C. )
(pending before the Legislature as this bill) shall be known and may be cited
as the �Liberty State Park Protection Act.�
���� 2.��� (New section)� The
Legislature finds and declares that:�
���� a.���� Liberty State Park,
located in Jersey City, is a priceless New Jersey and American treasure and an
urban oasis in the middle of densely populated metropolitan northern New
Jersey;
���� b.��� With
internationally-recognized landmarks including the Statue of Liberty, and Ellis
Island, and the Manhattan skyline as a spectacular backdrop, Liberty State Park
is one of the nation�s most sacred and inspiring parks;
���� c.���� Encompassing over 1,200
acres, approximately 600 acres of land and 600 acres of water,
1
[
of which all
but the interior�s 235 acre natural restoration area are open to the public
currently,
]
1
the park contains significant natural, historic, recreational, scenic, and
cultural resources;
���� d.��� The park, a major
historic and cultural resource with its transportation and immigration history,
includes: the Central Railroad of New Jersey Terminal or �CRRNJ Terminal,� the
third landmark of America�s Gateway �Historic Trilogy� along with Lady Liberty
and Ellis Island; the location of portions of the historic Morris Canal, with
its significance to the local, region, and statewide transportation industry
during the 19th and 20th centuries; and also the location of
the
Black Tom Island 1916 explosion historic site, with its significance to America�s
entry into World War One;
���� e.���� The park is also a
major natural resource as a sanctuary for over 300 bird species including
migratory species that use the park as a stopover while on the Atlantic Flyway,
and countless other wildlife species;
���� f.���� More than six million
people from around New Jersey, our nation, and the world visit the park each
year to take in the dramatic and meaningful views and enjoy green, free, urban
open space for varied passive and unstructured active recreational
opportunities, in addition to the dozens of acres of structured active
recreation facilities that are in the Department of Environmental Protection�s
2025 Master Plan.� Park visitors also enjoy the beauty and peacefulness of
nature and wildlife habitats, playgrounds, picnic areas, and fishing in the
midst of the most urbanized area on the East Coast;
���� g.��� Unfortunately, this
unique and scarce urban green open space has been the target of repeated
privatization and commercialization proposals since the park opened, and the
subject of a number of development proposals in recent years, including the
Department of Environmental Protection issuing requests for proposals to
privatize or commercialize portions of the park, which, if approved, would have
seriously jeopardized this beloved public resource and severely harmed the
public�s ability to enjoy free and full public access to and enjoyment of the
park;
���� h.��� From the time of its
opening on June 14, 1976, Liberty State Park has had sustained overwhelming
public support for a �free and green� open space park, and overwhelming
opposition to privatization and commercialization proposals, as expressed in
public hearings, countless public comments, petitions, and in a series of
coalitions of local, regional, and Statewide groups to protect Liberty State
Park as a �People�s Park� behind Lady Liberty; and�
���� i.� In August 2025, the
Department of Environmental Protection unveiled a new official Master Plan for
Liberty State Park.� The Master Plan states that its �vision is the result of
over five years of comprehensive public engagement through interactive open
houses, public meetings, and surveys to ensure that all voices were heard.� The
Liberty State Park Master Plan outlines a multifaceted approach for a cohesive
long-term vision that will define the future and ongoing legacy of Liberty
State Park.�� The Master Plan deeply respects and is compatible with the
decades of the broad public consensus for Liberty State Park as a Central
Park-type park.
���� j.� It is fitting, proper, and
necessary to recognize and respect this history of overwhelming public
opposition and to take action to protect Liberty State Park from any
inappropriate development proposals and to preserve Liberty State Park for
future generations.
���� 3.��� (New section) As used in
sections 1 through
1
[
7
]
5
1
of
P.L. , c. (C. ) (pending
before the Legislature as this bill):
���� �Commissioner� means the
Commissioner of Environmental Protection.
����
1
[
�Committee�
means the �Liberty State Park Advisory Committee� established pursuant to
section 6 of
P.L. ,c. (C. ) (pending
before the Legislature as this bill).
]
1
���� �Concession� means any rights
or privileges granted by the department to a public, non-profit, individual,
corporate, private, or other entity to operate on or within Liberty State Park
to provide small-scale commercial activities that support or promote the public�s
use of Liberty State Park,
1
[
or any
building or facility thereon,
]
1
or for small-scale commercial activities as provided in section 5 of P.L.��� ,
c.�� (C.������ ) (pending before the Legislature as this bill), and shall
include, but not be limited to, concession or operation agreements, franchises,
licenses, permits, or other similar use agreements, but shall not include a
lease, conveyance, or other transfer of property rights.
���� �Department� means the
Department of Environmental Protection.
���� 4.��� (New section)� The
Department of Environmental Protection shall:
���� a.���� not consider any
proposal to commercialize, develop, or privatize Liberty State Park, except as
provided in accordance with the provisions of P.L.��� , c.�� (C.������ )
(pending before the Legislature as this bill);
���� b.��� not convey, lease, or
otherwise transfer any property rights within:
���� (1) the 215-acre area in the
interior of Liberty State Park, which shall include, pursuant to the Liberty
State Park Master Plan, 165 acres of natural area restoration with
science-based flood resiliency habitats,
1
trails,
1
and 50
acres of active recreation sports facilities, and which is identified on the
tax maps of Jersey City as Block Number 21506, Lot Number 2; Block Number
21506, Lot Number 5; Block Number 21506, Lot Number 1; Block Number 24401, Lot
Number 1; Block Number 21505, Lot Number 1; Block Number 21601, Lot Number 6;
Block Number 21601, Lot Number 5; Block Number 21601, Lot Number 3; Block
Number 21601, Lot Number 2; Block Number 15802, Lot Number 15; Block Number
15802, Lot Number 13; Block Number 15802, Lot Number 14; Block Number� 15802,
Lot Number 12; Block Number 15802, Lot Number 11; Block Number 15802, Lot
Number� 10; Block Number 15802, Lot Number 21; Block Number 15904, Lot Number
16; Block Number 15904, Lot Number 17; and Block Number 15904, Lot Number 18;
or
���� (2)�� the 21.5-acre Caven
Point Peninsula, the estuarine ecosystem for plants and animals, critical bird
breeding habitat, and urban environmental education resource, which stretches
into the Upper New York Bay and is identified on the tax maps of Jersey City as:
Block Number 27601, Lot Number 1; Block Number 24307, Lot Number 10; Block
Number 27701, Lot Number 1; Block Number 27601, Lot Number 2; and Block Number
24306, Lot Number 7;
���� c.�
1
[
consult the
committee for review and recommendations:�
���� (1)�� prior to entering into
an agreement for a concession, conveyance, lease, or other transfer of property
rights of any portion of Liberty State Park;
���� (2)�� prior to the extension
or renewal for a term of one year or longer of any lease in effect on the date
of enactment of
P.L. , c. (C. ) (pending
before the Legislature as this bill); and
���� d.
]
1
develop and
implement
1
[
, in
conjunction with the committee,
]
1
a public participation process to allow public citizens and civic organizations
to provide public input on any proposed changes in land use at Liberty State
Park
1
that
are not envisioned or recommended in the Liberty State Park Master Plan
1
;
����
1
[
e.
]
d.
1
at
least
1
[
once
]
twice
1
each
year, hold a public forum
1
and
a two-week public comment period
1
to receive input from the public concerning plans, improvements, preservation,
conservation, and management of Liberty State Park, in addition to any public
hearings that may be required pursuant to law; and
����
1
[
f.
]
e.
1
post
1
,
1
in a
prominent location on the department�s website
1
[
:�
���� (1)
]
,
1
any
proposed agreement for a concession, conveyance, lease, or other transfer of
property rights, including an extension or renewal, of any portion of Liberty
State Park
1
[
;
���� (2)�� the minutes of the
committee pursuant to subsection k. of section 6 of P.L.��� , c.�� (C.������ )
(pending before the Legislature as this bill); and
���� (3)�� copies of any reports
received by the commissioner pursuant to subsection b. of section 7 of P.L.���
, c.�� (C.������ ) (pending before the Legislature as this bill)
]
1
.
���� 5.��� (New section)� a.�
Notwithstanding the provisions of any other law, or rule or regulation adopted
pursuant thereto to the contrary
1
[
:
���� (1)
]
,
1
the
Department of Environmental Protection shall only approve an agreement for a
concession, conveyance, lease, or other agreement transferring the property
rights of Liberty State Park, including an extension or renewal with a private
entity to provide small-scale commercial activities, if the agreement enhances
the ability of a visitor to enjoy the natural, historic, cultural,
recreational, and scenic resources of Liberty State Park for recreation and
conservation purposes as defined pursuant to section 3 of P.L.1999, c.152
(C.13:8C-3), such as a bicycle or kayak rental concession, food concession,
temporary winter skating rink, commercial boat tour operating from
1
[
an existing
]
a
1
boat
slip, and use of the Central Railroad of New Jersey Terminal
1
[
;
���� (2) prior to entering into an
agreement for a
�
lease
including an extension or a renewal, conveyance, or other transfer of property
rights of any portion of Liberty State Park with a term of one year or longer,
the department shall:
���� (a) present the proposal to
the committee for review and recommendations; and
���� (b) provide a 30-day public
comment period and hold at least two public hearings at Liberty State Park,
with one hearing being held on a weekday evening and one on the weekend;
���� (3) whenever the department
intends to convey, pursuant to the provisions of P.L.1993, c.38 (C.13:1D-51 et
seq.), lands acquired or developed by the State with Green Acres funds, or
acquired or developed by the State in any other manner and administered by the
department, located within or adjacent to Liberty State Park, the department
shall:
���� (a) present the proposal to
the committee for review and recommendations; and
���� (b) provide an opportunity for
public comment on the proposal, including holding two public hearings at
Liberty State Park, with one hearing being held on a weekday evening and one on
the weekend, and providing a 30-day comment period
]
1
.
���� b.��� Notwithstanding the
provisions of
1
[
paragraph (1)
of
]
1
subsection a. of this section to the contrary, the department may renew or
amend an existing agreement or execute a new agreement for the continued
operation of the Liberty Science Center or the marina in existence on the
effective date of P.L.��� , c.�� (C.������ ) (pending before the Legislature as
this bill), provided that the Liberty Science Center or marina are not expanded
beyond their footprint of operation as of
1
[
the effective date of P.L. , c. (C. ) (pending
before the Legislature as this bill)
]
July 1, 2025.� The department may enter into an agreement with the marina
for the construction, on the marina�s leased land as of July 1, 2025, of one
indoor boat dry rack facility, so long as the agreement complies with the 1990
Record of Decision from the United States National Park Service, which requires
the footprint of the dry rack facility to be equal to or less than one half
acre
1
.
���� c.����
1
[
No fewer than
45 days prior to the issuance of any request for proposal or similar
solicitation for a concession, the department shall provide the solicitation to
the committee for review and comment.� In the event a solicitation is not
issued, the department shall provide the committee with the proposed concession
no fewer than 45 days prior to execution.� If a solicitation has been provided
to the committee for review and comment, the department shall not be required
to provide the associated concession agreement to the committee for review and
comment prior to execution, provided the concession agreement is materially
consistent with the solicitation presented to the committee.
]
Notwithstanding
the provisions of subsection a. of this section or any other law, rule, or
regulation to the contrary, nothing in this act shall be construed to prohibit,
restrict, or impair the construction, installation, operation, maintenance,
repair, replacement, or upgrade of telecommunications infrastructure within
Liberty State Park, provided that such infrastructure is reasonably necessary
to provide wireless communications service, broadband service, or other
communications services to the public, including for public safety, emergency
response, and reliable connectivity for park visitors and surrounding
communities. The department may approve such infrastructure, subject to
reasonable conditions to minimize impacts to the park�s natural, historic,
cultural, scenic, and recreational resources, but telecommunications infrastructure
shall not be deemed a concession, small-scale commercial activity, or transfer
of property rights for the purposes of subsection a. of this section.
1
�����
1
[
6.� (New section)� a.� There is established a
Liberty State Park Advisory Committee in the Department of Environmental
Protection, to assist the department with conserving, preserving, protecting,
and improving Liberty State Park.� In carrying out its responsibilities, the
committee shall give due consideration to the natural, historic, cultural,
recreational, and scenic resources and the local, State, and national
significance of Liberty State Park.
����� b.�� The
committee shall consist of nine members, as follows:
����� (1)� the
Commissioner of Environmental Protection, or the commissioner's designee, who
shall serve as an ex officio, non-voting member;
����� (2)� the
director of the Division of Parks and Forestry in the Department of
Environmental Protection, or the director�s designee, who shall serve as an ex
officio, non-voting member;
����� (3)� the
president of the Friends of Liberty State Park, or the president�s designee;
����� (4)� the
NY/NJ Baykeeper Chief Executive Officer, or the officer�s designee;
����� (5)� the
president of the Hudson River Waterfront Conservancy, or the president�s
designee; and
����� (6)� the
president of the Jersey City Parks Coalition, or the president�s designee;
����� (7)� the
head of Jersey City Together or their designee; and
����� (8)� two
members appointed by the Governor with the advice and consent of the Senate as
follows:�
����� (a)� one
member from the State�s academic community with expertise, knowledge, or
experience in history, landscape architecture, park management, environmental
protection, or ecology; and
����� (b)� one
member from a Statewide environmental organization with expertise, knowledge,
or experience in ecology, environmental protection, land management, or natural
resources protection.
����� The
terms of the public members appointed by the Governor with the advice and
consent of the Senate shall expire at the end of the Governor�s term in office.
����� c.�� Any
vacancy in the membership shall be filled in the same manner as the original
appointment.
����� d.�� The
committee shall organize as soon as possible after the appointment of its
members and shall annually elect a chairperson and a vice-chairperson from
among its members, and a secretary who need not be a member of the committee.�
����� e.�� The
committee shall meet at the call of the chairperson or the commissioner or when
requested by any four members of the committee.
����� f.��� A
majority of the voting members of the committee shall constitute a quorum for
the transaction of committee business.
����� g.�� The
department shall provide primary staff support to the committee.
����� h.�� The
committee shall be entitled to the assistance and service of the employees of
any State, county or municipal department, board, bureau, commission,
authority, or agency as it may require and as may be available to it for its
purposes, and to employ stenographic and clerical assistance.�
����� i.��� The
members of the committee shall serve without compensation.
����� j.��� The
committee shall be subject to the provisions of the �Senator Byron M. Baer Open
Public Meetings Act,� P.L.1975, c.231 (C.10:4-6 et seq.).
����� k.�� A
true copy of the minutes of every meeting of the committee shall be prepared
and made available to the public.� The minutes shall also be made available on
the department's website.
]
1
�����
1
[
7.� (New section) a. The Liberty State Park Advisory
Committee shall:�
����� (1)
advise the department on the ecological restoration of a 165-acre interior
portion of Liberty State Park and means to increase public access and public
enjoyment of the natural, historic, cultural, recreational, and scenic
resources of the park;
����� (2)
review and make recommendations on any proposed agreement for a concession,
lease including an extension or a renewal, conveyance, or other transfer of
property rights of any portion of Liberty State Park as provided in P.L.��� ,
c.�� (C.������ ) (pending before the Legislature as this bill) within 45 days
of presentation thereof by the department to the committee;
����� (3)
request from the commissioner any information concerning Liberty State Park as
it may deem necessary to carry out its responsibilities, excluding confidential
information;
����� (4)
request the attendance of the superintendent of Liberty State Park, or the
superintendent�s designee, at each of the committee�s meetings to provide
assistance and information to the committee; and
����� (5)
submit to the commissioner any recommendations the committee deems necessary to
improve and protect Liberty State Park.
����� b.�� The
committee shall present a report of its recommendations to the commissioner
within one year after its organizational meeting, and periodically thereafter.�
The committee shall also submit copies of its reports to the Governor and,
pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.
]
1
����
1
[
8.
]
6.
1
�
Section 6 of P.L.1983, c.324 (C.13:1L-6) is amended to read as follows:
���� 6.� a.� Notwithstanding any
other law, rule
,
or regulation to the contrary, the department shall
have the authority to grant such rights or privileges to individuals or
corporations for the construction, operation
,
and� maintenance� for�
private profit of any
facility, utility
,
or
device upon the State parks and forests, lands
,
and waters as the
department shall find necessary and proper for the use and enjoyment of the
lands by the public.� Such rights and privileges shall include, but not be
limited to, concessions, franchises, licenses, permits
,
and other rights
and privileges deemed by the department to be appropriate in the utilization of
the lands for the public benefit.� The grant or award of such rights or
privileges shall be made in the name of the State of New Jersey and executed by
the department, at such price and upon such terms and conditions as shall be
fixed by the department.
���� b.��� The department shall
have the authority to acquire rights and privileges in lands owned by
individuals or corporations where the department deems it necessary or useful,
for the proper implementation of the provisions of
[
this amendatory and supplementary
act
]
P.L.1983,
c.324 (C.13:1L-1 et seq.)
, that an interest in such lands be acquired.�
Such rights and privileges shall include, but not be limited to, leases,
licenses, concessions, franchises
,
and permits.� Any rights or
privileges acquired hereunder and the considerations therefor shall be subject
to terms and conditions fixed by the department.
����
c.���� Notwithstanding the
provisions of subsection a. of this section to the contrary, commencing on the
date of enactment of P.L.��� , c. (C.������ ) (pending
before the Legislature as this bill), the department shall not grant any rights
or privileges to an individual or corporation for the construction, operation,
and maintenance for private profit of any facility, utility, or device at
Liberty State Park except as may be allowed pursuant to the provisions of P.L.���
, c. (C.������ ) (pending before the Legislature as this
bill)
1
,
provided, however, that this subsection shall not apply to telecommunications
infrastructure, including wireless communications facilities, antennas, small
wireless facilities, distributed antenna systems, fiber, poles, conduits,
collocation facilities, and related equipment installed to provide
communications services to the public.� Nothing in this subsection shall be
construed to prohibit or limit activities protected under 47 U.S.C. s.332(c)(7),
47 U.S.C.� s.1455(a), or other applicable federal law governing
telecommunications facilities
1
.
(cf: P.L.1983, c.324, s.6)
����
1
[
9.
]
7.
1
� Section
19 of P.L.2015, c.19 (C.5:10A-19) is amended to read as follows:
���� 19.� In addition to any powers
established pursuant to section 5 of P.L.1971, c.137 (C.5:10-5), and the powers
established pursuant to section 7 of P.L.2015, c.19 (C.5:10A-7), the commission
shall endeavor to safeguard the environmental resources of the district and
provide quality public recreation and educational opportunities.� The
commission may:
���� a.���� Target and prioritize
potential preservation sites for acquisition, deed restriction, and
conservation easements, including large tracts of wetlands sites;
���� b.��� Preserve wetlands to
protect wildlife, water quality, and flood storage value;
���� c.���� Review preservation
sites for potential wetland enhancement and mitigation;
���� d.��� Improve connections
among the district's trails and habitats, reducing fragmentation;
���� e.���� Identify missing links
in the existing trail system, as well as key locations for connecting to
wildlife viewing stations, environmental venues, boat launches, docks, and
other active and passive recreational attractions;
���� f.���� Increase both active
and passive recreational uses;
���� g.��� Eliminate or control the
presence of other invasive plant and animal species;
���� h.��� Maintain and improve
targeted habitats relative to breeding, wintering, feeding, and other wildlife
activities;
���� i.���� Maintain the value of
the Hackensack meadowlands as an urban sanctuary for birds using the Atlantic
Flyway;
���� j.���� Seek available funding
for land acquisition, protection, and management of wildlife preserves;
���� k.��� Maintain and restore the
ecology of the waterways, including the estuary, shorelines, and nursery
habitat for fish;
���� l.���� Continue monitoring
water quality by collecting and analyzing data to determine trends, document
improvements, and assess the need for additional, or more stringent, measures;
���� m.��
[
The provisions
of section 6 of P.L.1984, c.128 (C.13:17-6.1), or any other law, rule, or
regulation regarding purchases, contracts, or agreements to the contrary
notwithstanding, at the request of the Commissioner of Environmental
Protection, evaluate, approve, and implement any plan or plans for the further
preservation, development, enhancement, or improvement of Liberty State Park
and the buildings, structures, properties, and appurtenances related thereto,
or incidental to, necessary for, or complementary to the park.� The commission
may avail itself of any plans under review by the Department of Environmental
Protection from any source that may promote expanded and diverse recreational,
cultural, and educational opportunities for visitors to Liberty State Park and
provide greater access to park facilities.� Any approved plans shall constitute
a project of the commission, but shall not be adopted as part of the master
plan.� Any plans approved by the commission shall be subject to the provisions
of P.L.1981, c.447 and subject to approval or disapproval by the Commissioner
of Environmental Protection.� In evaluating any plan, the Commissioner shall
prepare an assessment of environmental impacts on the plan, and how those
impacts, if any, may be avoided, minimized, or mitigated.� At least one public
hearing in connection with plans under consideration by the commission shall be
held at Liberty State Park.� Nothing in this subsection shall be construed to
transfer ownership of any of the property of Liberty State Park to the
commission or any other person;
]
(Deleted by amendment, P.L. , c. ) (pending
before the Legislature as this bill)
and
���� n.��� Operate a not-for-profit
organization which shall continue research opportunities of the Meadowlands
Environmental Research Institute.
(cf: P.L.2015, c.72, s.10)
����
1
[
10.
]
8.
1
� This
act shall take effect immediately.