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BY TOM HESTER SR.

NEWJERSEYNEWSROOM.COM

THIRD UPDATE

New Jersey environmental activists charged Thursday that an influential coalition of developers and their allies are hiding behind smart growth, economic recovery, and the election, to push a series of bills though the Legislature that the activists see as proposals that would undermine environmental protections, local zoning and planning, the rights of citizens, and the government's authority to protect the environment.

At a Statehouse press conference, the environmentalists released a memo from the Smart Growth Economic Development Coalition and corresponding new legislation that highlight what they charge is a hidden agenda including a plan to push for passage in November and December lame duck session a bill, that they contend is "the worst in a package that serves narrow self interests at the expense of taxpayer's money, health, and quality of life.''

"This bill will dictate to the people of New Jersey where and how they should grow, to what densities they should grow, and how much they should spend on subsidies to developers," said Sierra Club of New Jersey Director Jeff Tittel. "Developers and their cronies will have the power to stop environmental protections, to force towns to accept development, and to stop the preservation of open space - all without any meaningful public input. This bill is the (state Council on Affordable Housing) COAH on steroids and will create a developer dictatorship.''

Ted Zangari, a lawyer with Newark-based Sills Cummis & Gross and a coalition participant, said the 21-member coalition has been open about its efforts for at least two years. He said the coalition has a package of 12 development and planning bills and has seen five approved by the Legislature and governor. He said the coalition would like to see the remaining seven measures passed in the lame duck session but would be satisfied if the proposal reshaping the state Planning Commission is approved.

Zangari said the Planning Commission bill has not been finalized. He also said any measure the coalition finds a legislator to sponsor must be officially introduced, face committee hearings, possible amendments, floor debate and votes and review by the governor.

Zangari said the coalition refers to the Planning Commission revision proposal as "a legacy bill for the state of New Jersey. We envision a state of New Jersey master plan with teeth that drives growth and other policy decisions of the state while balancing the need to protect the environment,'' he said.

The environmentalists provided reporters with a copy of correspondence Zangari, sent to members of the coalition sent to members updating them on the status of the group's efforts.

In the correspondence Zangari writes, "As you may know, the Smart Growth Economic Development Coalition's 'stimulus package' of suggested legislation includes a bill that would overhaul the state Planning Commission. The draft legislation -- copy attached along with a summary -- is the product of a diverse working group of land use and real estate professionals, chaired by my law partner Tom Hall, representing many of the 20 plus member organizations within the coalition.

"Highlights of the bill include: Removal of state agencies from the roles they currently play; the state Planning Commission is reconstrued as a citizen body which has state agency representatives as non-voting members. Elevation of the CEO of the state Planning Commission to a cabinet-level position. Transfer of the commission to Treasury. Imposition of a mandate requiring all state agencies to conform to the State Plan.''

Zangari continues, "The legislation overhauling the state Planning Commission is the only bill yet to be introduced. We are close to reaching a consensus within the coalition and are aiming to have the legislation introduced by late September.''

The coalition includes, among others, the New Jersey Builders Association, the Building Contractors Association, Counselors of Real Estate, the Economic Development Association, the Industrial & Office Real Estate Brokers Association, the International Council of Shopping Centers, the National Association of Industrial and Office Properties, the Newark Real Estate board, the Newark Regional Business Partnership, the New Jersey Association of realtors, the Business & Industry Association, the State Chamber of Commerce, PlanSmart NJ, the Regional Plan Association, and the Society of Industrial and Office Realtors.

PlanSmart NJ describes the coalition as comprised of groups who ware "building a package of legislative initiatives to revise laws and regulations to support redevelopment efforts in places around the state that have been identified as being the right places to grow.''

The environmentalists charge that in the past six months, the coalition has pushed through seven of the bills on its agenda, including the Licensed Site Professional bill, which privatizes toxic cleanups, and the Permit Extension Act, which extends all permits.

They charge the Permit Extension Act is so bad that even the Bush Administration opposed it, but Zangari argues the measure was necessary to spark construction and jobs in the state.