Conference/Public Meeting Agenda/Documents — Packet

SENATE COMMUNITY AND URBAN AFFAIRS COMMITTEE STATEMENT TO SENATE, No. 1534 with committee amendments STATE OF NEW JERSEY DATED: JUNE 7, 2012 The Senate Community and Urban Affairs Committee reports favorably and with amendments Senate Bill No. 1534. As amended by the committee, this bill would place private nonprofit colleges in the same status as State colleges under the "Municipal Land Use Law," P.L.1975, ¢.291 (C.40:55D-1 et seq.), regardless of whether these colleges receive financial assistance under the "Independent College and University Assistance Act," pursuant to P.L.1979, c.132 (C.18A:72B-15 et seq.). Under current law and the New Jersey Supreme Court decision, Rutgers v. Piluso, 60 N.J. 142 (1972), public colleges and universities are exempt from local zoning jurisdiction in recognition of the critical public mission served by those institutions in educating the citizens of the State. It has been recognized that this vital public mission should not be unduly limited or restricted by the actions of the municipalities within which such institutions are located. The exemption is not unlimited and must be exercised in a reasonable fashion as to not arbitrarily override legitimate local interests. As a result, public colleges and universities are required to consult with local authorities regarding institutional development and to allow for input in order to minimize potential conflicts with local governmental interests. New Jersey's private independent institutions of higher education contribute substantially to that important public mission. Licensed by the State, these independent institutions of higher education serve over 76,000 students each year. Of the total undergraduate student population at these independent institutions, 77% are New Jersey residents. These independent colleges and universities serve 29% of all college students in New Jersey, 41% of the State's graduate student population and confer over 16,000 degrees each year. Despite this significant public mission, these independent institutions, because of their status as private non-profit entities, are subject to local zoning controls by the municipalities in which they are located and must obtain approval from those local authorities for all campus development. The approval process often can be quite time consuming and expensive. This results in the delay of important