Conference/Public Meeting Agenda/Documents — Packet

A2586 RILEY, GIBLIN 2 AN ACT concerning land use approvals for private nonprofit institutions of higher education and supplementing P.L.1975, c.291. BE It ENACTED by the Senate and General Assembly of the State of New Jersey: 1. A private institution of higher education organized as a nonprofit corporation under N.J.S.15A:1-1 et seq. or acting under the authority of N.J.S.18A:68-6, and licensed by the State to confer degrees pursuant to N.J.S.18A:68-1 et seq., and which is eligible to receive funds under P.L.1979, c.132 (C.18A:72B-15 et seq.), shall be exempt from the provisions of P.L.1975, ¢.291 (C.40:55D-1 et seq.), to the same extent as a State college organized under N.J.S.18A:64-1. 2. This act shall take effect immediately. STATEMENT 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.). Under current law and the New Jersey Supreme Court decision, Rutgers_v. Piluso, 60 NJ. 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 are eligible to receive very modest financial support under the "Independent College and University Assistance Act," N.J.S.A. 18A:72B-15 et seq., but serve over 67,000 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, 35% of the State's graduate student population and

independent institutions, 77% are New Jersey residents. These independent colleges and universities serve 29% of all college students in New Jersey, 35% of the State's graduate student population and confer over 15,000 degrees each year.