Bill Text: NJ S342 | 2010-2011 | Regular Session | Introduced
Bill Title: Establishes Department of Economic Development and Regulatory Affairs; transfers certain functions, powers, duties, agencies, divisions, and other entities from other principal departments to Department of Economic Development and Regulatory Affairs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced in the Senate, Referred to Senate Economic Growth Committee [S342 Detail]
Download: New_Jersey-2010-S342-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Sussex, Hunterdon and Morris)
SYNOPSIS
Establishes Department of Economic Development and Regulatory Affairs; transfers certain functions, powers, duties, agencies, divisions, and other entities from other principal departments to Department of Economic Development and Regulatory Affairs.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act establishing the Department of Economic Development and Regulatory Affairs as a principal department in the Executive Branch of State government, transferring certain functions, powers, duties, agencies, divisions, and other entities from certain other principal departments to the Department of Economic Development and Regulatory Affairs, supplementing Title 13 of the Revised Statutes, and revising parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that:
a. While some of the regulatory aspects of the Department of Environmental Protection are necessary to the quality of life in this State - the protection of clean water and clean air - the manner in which the department enforces these regulations often serves to inhibit economic growth, which also affects the quality of life, and that it is imperative that the twin goals of responsible regulation and economic growth should reside in the same department, in order to strike a needed balance between them;
b. It is a widely-held belief that the current operations and overbearing regulatory posture of the Department of Environmental Protection are matched in opposition to, and are often countering the work of the New Jersey Commerce Commission, the Office of Economic Growth, as well as the smart growth and state planning components of the Department of Community Affairs;
c. All State departments and agencies thereof should encourage responsible economic development and a positive business climate, rather than the unproductive and inefficient status quo, and by merging the regulatory aspects of the Department of Environmental Protection with the functions of the aforementioned governmental entities, a more cooperative spirit can be achieved between these agencies of the State government by requiring them to work along side each other in the same department; and
d. As a combined,
dual-purpose entity is needed to assume a mentoring role to business, industry,
and residents alike, as a teacher assisting these constituencies in abiding by
the rules instead of a prosecutor awaiting the imposition of sanctions for the
slightest infraction, and in recognition of the reality that most individuals
and businesses make an honest effort to comply with the manifold rules and
regulations promulgated by the State that are oftentimes confusing and
contradictory, and that the failure to comply, even by accident, subjects the
violator to fines and penalties that are often
prohibitive and overly punitive, it is necessary to authorize the establishment
of a new, restructured State department to be named the Department of Economic
Development and Regulatory Affairs, all as hereinafter provided.
2. (New section) a. The Department of Environmental Protection heretofore established as a principal department in the Executive Branch of the State Government is hereby restructured and designated as the Department of Economic Development and Regulatory Affairs, and the office of Commissioner of Environmental Protection is hereby designated as the office of the Commissioner of Economic Development and Regulatory Affairs.
b. Except as otherwise provided by this act, all the functions, powers and duties of the existing Department of Environmental Protection and the commissioner thereof are continued in the Department of Economic Development and Regulatory Affairs as hereby designated and in the office of the commissioner thereof.
3. (New section) a. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Department of Environmental Protection or the commissioner thereof, the same shall mean and refer to the Department of Economic Development and Regulatory Affairs or the Commissioner of Economic Development and Regulatory Affairs.
b. Whenever the Commissioner of Environmental Protection, or any employee of that department, is designated to sit on the board or be a member of any council, division, commission, trust, authority, or any other entity, the designation shall mean the Commissioner of Economic Development and Regulatory Affairs.
4. (New section) The Division of Coastal Resources in the Department of Environmental Protection, together with all of its functions, powers, duties, subdivisions, and other entities, is continued as the Division of Coastal Resources in the Department of Economic Development and Regulatory Affairs. Whenever in any law, rule, or regulation the term Division of Coastal Resources in the Department of Environmental Protection is used, the term shall mean the Division of Coastal Resources in the Department of Economic Development and Regulatory Affairs. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the division, that review, control, or power shall be exercised by the Department of Economic Development and Regulatory Affairs, or the commissioner thereof.
5. (New section) The Tidelands Resource Council in the Department of Environmental Protection, together with all of its functions, powers, duties, subdivisions, and other entities, is continued as the Tidelands Resource Council in the Department of Economic Development and Regulatory Affairs. This act shall not affect the terms of office of the present members of the council. The members of the council shall continue to be appointed as provided by existing law. Whenever in any law, rule, or regulation the term Tidelands Resource Council in the Department of Environmental Protection is used, the term shall mean the Tidelands Resource Council in the Department of Economic Development and Regulatory Affairs. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Economic Development and Regulatory Affairs, or the commissioner thereof.
6. (New section) The Division of Environmental Quality in the Department of Environmental Protection, together with all of its functions, powers, duties, subdivisions, and other entities, is continued as the Division of Environmental Quality in the Department of Economic Development and Regulatory Affairs. Whenever in any law, rule, or regulation the term Division of Environmental Quality in the Department of Environmental Protection is used, the term shall mean the Division of Environmental Quality in the Department of Economic Development and Regulatory Affairs. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the division, that review, control, or power shall be exercised by the Department of Economic Development and Regulatory Affairs, or the commissioner thereof.
7. (New section) The New Jersey Council on Environmental Quality in the Department of Environmental Protection, together with all of its functions, powers, duties, subdivisions, and other entities, is continued as the New Jersey Council on Environmental Quality in the Department of Economic Development and Regulatory Affairs. This act shall not affect the terms of office of the present members of the council. The members of the council shall continue to be appointed as provided by existing law. Whenever in any law, rule, or regulation the term New Jersey Council on Environmental Quality in the Department of Environmental Protection is used, the term shall mean the New Jersey Council on Environmental Quality in the Department of Economic Development and Regulatory Affairs. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Economic Development and Regulatory Affairs, or the commissioner thereof.
8. (New section) The Advisory Council on Solid Waste Management in the Department of Environmental Protection, together with all of its functions, powers, duties, subdivisions, and other entities, is continued as the Advisory Council on Solid Waste Management in the Department of Economic Development and Regulatory Affairs. This act shall not affect the terms of office of the present members of the council. The members of the council shall continue to be appointed as provided by existing law. Whenever in any law, rule, or regulation the term Advisory Council on Solid Waste Management in the Department of Environmental Protection is used, the term shall mean the Advisory Council on Solid Waste Management in the Department of Economic Development and Regulatory Affairs. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the council, that review, control, or power shall be exercised by the Department of Economic Development and Regulatory Affairs, or the commissioner thereof.
9. (New section) The Hazardous Waste Facilities Siting Commission in the Department of Environmental Protection, together with all of its functions, powers, duties, subdivisions, and other entities, is continued as the Hazardous Waste Facilities Siting Commission in the Department of Economic Development and Regulatory Affairs. This act shall not affect the terms of office of the present members of the commission. The members of the commission shall continue to be appointed as provided by existing law. Whenever in any law, rule, or regulation the term Hazardous Waste Facilities Siting Commission in the Department of Environmental Protection is used, the term shall mean the Hazardous Waste Facilities Siting Commission in the Department of Economic Development and Regulatory Affairs. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the commission, that review, control, or power shall be exercised by the Department of Economic Development and Regulatory Affairs, or the commissioner thereof.
10. (New section) The New Jersey Office of Recycling in the Department of Environmental Protection, together with all of its functions, powers, duties, subdivisions, and other entities, is continued as the New Jersey Office of Recycling in the Department of Economic Development and Regulatory Affairs. Whenever in any law, rule, or regulation the term New Jersey Office of Recycling in the Department of Environmental Protection is used, the term shall mean the New Jersey Office of Recycling in the Department of Economic Development and Regulatory Affairs. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the New Jersey Office of Recycling, that review, control, or power shall be exercised by the Department of Economic Development and Regulatory Affairs, or the commissioner thereof.
11. (New section) The Division of Smart Growth in the Department of Environmental Protection, together with all of its functions, powers, duties, subdivisions, and other entities, is continued as the Division of Smart Growth in the Department of Economic Development and Regulatory Affairs. Whenever in any law, rule, or regulation the term Division of Smart Growth in the Department of Environmental Protection is used, the term shall mean the Division of Smart Growth in the Department of Economic Development and Regulatory Affairs. Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the division, that review, control, or power shall be exercised by the Department of Economic Development and Regulatory Affairs, or the commissioner thereof.
12. (New section) a. All the functions, powers, and duties of the Smart Growth Ombudsman in the Department of Community Affairs, established pursuant to section 2 of P.L.2004, c.89 (C.52:27D-10.3), are transferred to the Department of Economic Development and Regulatory Affairs.
b. All appropriations and other moneys available and to become available to the Smart Growth Ombudsman are hereby continued in the Department of Economic Development and Regulatory Affairs and shall be available for the objects and purposes for which such moneys are appropriated subject to any terms, restrictions, limitations, or other requirements imposed by State or federal law.
c. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Smart Growth Ombudsman in the Department of Community Affairs, the same shall mean and refer to the Smart Growth Ombudsman in the Department of Economic Development and Regulatory Affairs.
13. (New section) a. All the functions, powers, and duties of the Division of Smart Growth in the Department of Community Affairs, established pursuant to section 9 of P.L.2004, c.89 (C.52:27D-10.6), are transferred to the Department of Economic Development and Regulatory Affairs.
b. All appropriations and other moneys available and to become available to the Division of Smart Growth are hereby continued in the Department of Economic Development and Regulatory Affairs and shall be available for the objects and purposes for which such moneys are appropriated subject to any terms, restrictions, limitations, or other requirements imposed by State or federal law.
c. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Division of Smart Growth in the Department of Community Affairs, the same shall mean and refer to the Division of Smart Growth in the Department of Economic Development and Regulatory Affairs.
14. (New section) a. All the functions, powers, and duties of the Division of Travel and Tourism in the Department of State, established pursuant to section 4 of P.L.1977, c.225 (C.34:1A-48), are transferred to the Department of Economic Development and Regulatory Affairs.
b. All appropriations and other moneys available and to become available to the Division of Travel and Tourism are hereby continued in the Department of Economic Development and Regulatory Affairs and shall be available for the objects and purposes for which such moneys are appropriated subject to any terms, restrictions, limitations, or other requirements imposed by State or federal law.
c. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Division of Travel and Tourism in the Department of State, the same shall mean and refer to the Division of Travel and Tourism in the Department of Economic Development and Regulatory Affairs.
15. (New section) a. The New Jersey Commerce Commission created by P.L.1998, c.44 (C.52:27C-61 et seq.) is abolished as a commission in the Executive Branch of State government, and all of its functions, powers and duties, except as otherwise provided in this act, are hereby terminated.
b. The office and term of the New Jersey Commerce Commission and of the consultants, employees, assistants, deputies, and directors of the various divisions and departments of the New Jersey Commerce Commission, and of the Board of Directors, except as otherwise provided in this act, are hereby terminated.
c. This act shall not affect the orders, rules and regulations heretofore made or promulgated by the New Jersey Commerce Commission, but such orders, rules and regulations shall continue with full force and effect until amended or repealed by the appropriate State office or officer.
d. This act shall not affect the tenure, compensation, and pension rights, if any, of the holder of a position not specifically abolished herein in office upon the effective date of this act, nor alter the term of a member of a board, commission, or public body, not specifically abolished herein, in office on the effective date of this act, or require the reappointment thereof. Nothing in this act shall be construed to deprive any person of any right or protection provided to the person by Title 11A of the New Jersey Statutes, Civil Service, or under any pension law or retirement system.
e. Acts and parts of acts inconsistent with any of the provisions of this act are, to the extent of such inconsistency, superseded and repealed.
f. This act shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
g. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the New Jersey Commerce Commission, the same shall mean and refer to the department, office or commission to which the relevant function, power or duty referred to in the law, rule, regulation, order, contract, document, judicial or administrative proceeding has been transferred pursuant to this act.
h. This act shall not affect actions or proceedings, civil or criminal, brought by or against any office or officer, the functions, powers, and duties of which have been herein transferred from the New Jersey Commerce Commission, and pending on the effective date of this act, and such actions or proceedings may be prosecuted or defended in the same manner and to the same effect by the department, officer, or commission to which such transfer has been made hereunder, as if the provisions of this section had not taken effect.
i. All commissions, offices, departments, divisions, or boards created by executive order and placed within the New Jersey Commerce Commission or administered by the commission shall be transferred to the Department of Economic Development and Regulatory Affairs. The Governor may make such allocation by executive order as the Governor deems appropriate of the entities named above.
16. (New section) a. All the functions, powers, and duties of the New Jersey Commerce Commission, established pursuant to section 3 of P.L.1998, c.44 (C.52:27C-63), are transferred to the Department of Economic Development and Regulatory Affairs.
b. All appropriations and other moneys available and to become available to the New Jersey Commerce Commission are hereby continued in the Department of Economic Development and Regulatory Affairs and shall be available for the objects and purposes for which such moneys are appropriated subject to any terms, restrictions, limitations, or other requirements imposed by State or federal law.
c. Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the New Jersey Commerce Commission, the same shall mean and refer to the New Jersey Commerce Commission in the Department of Economic Development and Regulatory Affairs.
17. Section 12 of P.L.1970, c.33 (C.13:1D-9) is amended to read as follows:
12. The [department] Department of Economic Development and Regulatory Affairs shall formulate comprehensive policies for the [conservation of the natural resources of the State, the] promotion of environmental protection and the prevention of pollution of the environment of the State. The department shall in addition to the powers and duties vested in it by this act or by any other law have the power to:
a. Conduct and supervise research programs for the purpose of determining the causes, effects and hazards to the environment and its ecology;
b. Conduct and supervise Statewide programs of education, including the preparation and distribution of information relating to [conservation,] environmental protection and ecology;
c. Require the registration of persons engaged in operations which may result in pollution of the environment and the filing of reports by them containing such information as the department may prescribe to be filed relative to pollution of the environment, all in accordance with applicable codes, rules or regulations established by the department;
d. Enter and inspect any property, facility, building, premises, site or place for the purpose of investigating an actual or suspected source of pollution of the environment and conducting inspections, collecting samples, copying or photocopying documents or records, and for otherwise ascertaining compliance or noncompliance with any laws, permits, orders, codes, rules and regulations of the department. Any information relating to secret processes concerning methods of manufacture or production, obtained in the course of such inspection, investigation or determination, shall be kept confidential, except this information shall be available to the department for use, when relevant, in any administrative or judicial proceedings undertaken to administer, implement, and enforce State environmental law, but shall remain subject only to those confidentiality protections otherwise afforded by federal law and by the specific State environmental laws and regulations that the department is administering, implementing and enforcing in that particular case or instance. In addition, this information shall be available upon request to the United States Government for use in administering, implementing, and enforcing federal environmental law, but shall remain subject to the confidentiality protection afforded by federal law. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person suspected of causing pollution of the environment;
e. Receive or initiate complaints of pollution of the environment, including thermal pollution, hold hearings in connection therewith and institute legal proceedings for the prevention of pollution of the environment and abatement of nuisances in connection therewith and shall have the authority to seek and obtain injunctive relief and the recovery of fines and penalties in a court of competent jurisdiction;
f. Prepare, administer and supervise Statewide, regional and local programs of [conservation and] environmental protection, giving due regard for the ecology of the varied areas of the State and the relationship thereof to the environment, and in connection therewith prepare and make available to appropriate agencies in the State technical information concerning [conservation and] environmental protection, cooperate with the Commissioner of Health and Senior Services in the preparation and distribution of environmental protection and health bulletins for the purpose of educating the public, and cooperate with the Commissioner of Health and Senior Services in the preparation of a program of environmental protection;
g. Encourage, direct and aid in coordinating State, regional and local plans and programs concerning [conservation and] environmental protection in accordance with a unified Statewide plan which shall be formulated, approved and supervised by the department. In reviewing such plans and programs and in determining conditions under which such plans may be approved, the department shall give due consideration to the development of a comprehensive ecological and environmental plan in order to be assured insofar as is practicable that all proposed plans and programs shall conform to reasonably contemplated [conservation and] environmental protection plans for the State and the varied areas thereof;
h. Administer or supervise programs of [conservation and] environmental protection, prescribe the minimum qualifications of all persons engaged in official environmental protection work, and encourage and aid in coordinating local environmental protection services;
i. Establish and maintain adequate bacteriological, radiological and chemical laboratories with such expert assistance and such facilities as are necessary for routine examinations and analyses, and for original investigations and research in matters affecting the environment and ecology;
j. Administer or supervise a program of industrial planning for environmental protection; encourage industrial plants in the State to undertake environmental and ecological engineering programs; and cooperate with the State Departments of Health and Senior Services, and Labor and Workforce Development, and the New Jersey Commerce Commission in formulating rules and regulations concerning industrial sanitary conditions;
k. Supervise sanitary engineering facilities and projects within the State, authority for which is now or may hereafter be vested by law in the department, and shall, in the exercise of such supervision, make and enforce rules and regulations concerning plans and specifications, or either, for the construction, improvement, alteration or operation of all public water supplies, all public bathing places, landfill operations and of sewerage systems and disposal plants for treatment of sewage, wastes and other deleterious matter, liquid, solid or gaseous, require all such plans or specifications, or either, to be first approved by it before any work thereunder shall be commenced, inspect all such projects during the progress thereof and enforce compliance with such approved plans and specifications;
l. Undertake programs of research and development for the purpose of determining the most efficient, sanitary and Economic Developmental ways of collecting, disposing, recycling or utilizing of solid waste;
m. Construct and operate, on an experimental basis, incinerators or other facilities for the disposal of solid waste, provide the various municipalities and counties of this State, and the Division of Local Government Services in the Department of Community Affairs with statistical data on costs and methods of solid waste collection, disposal and utilization;
n. Enforce the State air pollution, water pollution, [conservation,] environmental protection, solid and hazardous waste management laws, rules and regulations, including the making and signing of a complaint and summons for their violation by serving the summons upon the violator and thereafter filing the complaint promptly with a court having jurisdiction;
o. Acquire by purchase, grant, contract or condemnation, title to real property, for the purpose of demonstrating new methods and techniques for the collection or disposal of solid waste;
p. Purchase, operate and maintain, pursuant to the provisions of this act, any facility, site, laboratory, equipment or machinery necessary to the performance of its duties pursuant to this act;
q. Contract with any other public agency or corporation incorporated under the laws of this or any other state for the performance of any function under this act;
r. With the approval of the Governor, cooperate with, apply for, receive and expend funds from, the federal government, the State Government, or any county or municipal government or from any public or private sources for any of the objects of this act;
s. Make annual and such other reports as it may deem proper to the Governor and the Legislature, evaluating the demonstrations conducted during each calendar year;
t. Keep complete and accurate minutes of all hearings held before the commissioner or any member of the department pursuant to the provisions of this act. All such minutes shall be retained in a permanent record, and shall be available for public inspection at all times during the office hours of the department;
u. Require any person subject to a lawful order of the department, which provides for a period of time during which such person subject to the order is permitted to correct a violation, to post a performance bond or other security with the department in such form and amount as shall be determined by the department. Such bond need not be for the full amount of the estimated cost to correct the violation but may be in such amount as will tend to insure good faith compliance with said order. The department shall not require such a bond or security from any public body, agency or authority. In the event of a failure to meet the schedule prescribed by the department, the sum named in the bond or other security shall be forfeited unless the department shall find that the failure is excusable in whole or in part for good cause shown, in which case the department shall determine what amount of said bond or security, if any, is a reasonable forfeiture under the circumstances. Any amount so forfeited shall be utilized by the department for the correction of the violation or violations, or for any other action required to insure compliance with the order;
v. Encourage and aid in coordinating State, regional and local plans, efforts and programs concerning the remediation and reuse of former industrial or commercial properties that are currently underutilized or abandoned and at which there has been, or is perceived to have been, a discharge, or threat of a discharge, of a contaminant. For the purposes of this subsection, "underutilized property" shall not include properties undergoing a reasonably timely remediation or redevelopment process; and
w. Conduct research and implement plans and programs to promote ecosystem-based management.
(cf: P.L.2007, c.288, s.6)
18. Section 1 of P.L.1991, c.421 (C.13:1D-101) is amended to read as follows:
1. [Within 180 days of the effective date of this act, the] The Department of [Environmental Protection] Economic Development and Regulatory Affairs shall provide each applicant, or prospective applicant, for a permit to engage in a regulated activity, with a checklist of all submissions required to be made as part of a filing of a permit application with the department.
A checklist shall be prepared by the department, after consultations with interested parties for each permit subject to the provisions of this act, or the department may consolidate the requirements for two or more related approvals into a single checklist. A checklist shall, with particularity, identify: the application form or forms required by the department for a completed application; any documents or other written submissions required to be filed with the application; any filing, notice, hearing or other requirement that is a precondition for review of an application by the department, including any certification of compliance therewith required by the department; and the technical manual for the permit prepared by the department pursuant to P.L.1991, c.422 (C.13:1D-111 to 13:1D-113). Checklists shall not be subject to the notice and publication requirements of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). Checklists shall be reviewed at least annually, and shall be updated as often as necessary.
As used in this act:
"Permit" means any
permit, registration or license issued by the Department of [Environmental Protection] Economic Development
and Regulatory Affairs establishing the regulatory and management
requirements for an ongoing regulated activity as authorized by federal law or
the following State enactments: R.S.12:5-1 et seq.; P.L.1975, c.232 (C.13:1D-29
et seq.); the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1
et seq.); section 17 of P.L.1975, c.326 (C.13:1E-26); the "Comprehensive
Regulated Medical Waste Management Act," P.L.1989, c.34 (C.13:1E-48.1 et
al.); P.L.1989, c.151 (C.13:1E-99.21a et al.); the "New Jersey Statewide
Mandatory Source Separation and Recycling Act," P.L.1987, c.102
(C.13:1E-99.11 et al.); the "Pesticide Control Act of 1971,"
P.L.1971, c.176 (C.13:1F-1 et seq.); the "Environmental Cleanup
Responsibility Act," P.L.1983, c.330 (C.13:1K-6 et seq.); the "Toxic
Catastrophe Prevention Act," P.L.1985, c.403 (C.13:1K-19 et seq.);
"The Wetlands Act of 1970," P.L.1970, c.272 (C.13:9A-1 et seq.); the
"Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et
seq.); the "Coastal Area Facility Review Act," P.L.1973, c.185
(C.13:19-1 et seq.); the "Air Pollution Control Act (1954),"
P.L.1954, c.212 (C.26:2C-1 et seq.); the "Water Supply Management
Act," P.L.1981, c.262 (C.58:1A-1 et seq.); P.L.1947, c.377 (C.58:4A-5 et
seq.); the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1
et seq.); P.L.1986, c.102 (C.58:10A-21 et seq.); the "Safe Drinking Water
Act," P.L.1977, c.224 (C.58:12A-1 et seq.); the "Flood Hazard Area
Control Act,"
P.L.1962, c.19 (C.58:16A-50 et seq.).
(cf: P.L.1991, c.421, s.1)
19. Section 1 of P.L.1993, c.361 (C.13:1D-120) is amended to read as follows:
1. The Legislature finds and declares that:
a. It is within the public interest to promote economic growth, to encourage and foster the development and establishment of new industries and businesses, to champion and expedite the expansion, modernization and diversification of existing businesses, corporations and establishments, and to attract and facilitate the siting and relocation of employers who will provide highly skilled and high-paying employment opportunities for the citizens of this State;
b. While the quality of New Jersey's environment is paramount to the health and well-being of the residents of this State, it is essential to counter forcefully those who preach the erroneous dogma that our citizens must choose between the environment and economic prosperity and growth;
c. The Department of [Environmental Protection] Economic Development and Regulatory Affairs must play a central role in educating the public that a clean environment and economic prosperity and growth are not only compatible, but interdependent;
d. To dispel the illusion that those two worthy objectives are inherently incompatible, the Department of [Environmental Protection] Economic Development and Regulatory Affairs should immediately revise its current policies and procedures for reviewing permit applications, eliminating unduly long and burdensome practices which hinder timely investment, severely inhibit the availability of necessary capital, retard economic growth and development, frustrate new business ventures, and obstruct the creation of new employment opportunities for the citizens of this State;
e. It is, therefore, altogether fitting and proper, and within the public interest, to direct the Department of [Environmental Protection] Economic Development and Regulatory Affairs to adopt new policies and procedures which will facilitate and expedite the review of permit applications and to that end to institute a system by which permit application fees will be paid incrementally based upon the department's completion of its duties and responsibilities at specific stages of the application review process.
(cf: P.L.1993, c.361, s.1)
20. Section 2 of P.L.1993, c.361 (C.13:1D-121) is amended to read as follows:
2. As used in this act:
"Administrative review" means a review to determine whether all of the information which is required for a permit application to be deemed complete has been submitted to the department;
"Applicant" means the person in whose name a permit is to be issued;
"Commissioner" means the Commissioner of [Environmental Protection] Economic Development and Regulatory Affairs;
"Completed application" means the submission of all of the information designated on the checklist adopted pursuant to section 1 of P.L.1991, c.421 (C.13:1D-101 et seq.), for the class or category of permit for which an application is made;
"Department" means the Department of [Environmental Protection] Economic Development and Regulatory Affairs;
"Fee" means any fee, assessment or other charge imposed by the department pursuant to any law, rule or regulation for a permit;
"Member of a regulated profession or occupation" means any person subject to regulation by licensure or certification by the department pursuant to any law of this State; and
"Permit" means any
permit, registration or license issued by the Department of [Environmental Protection] Economic Development
and Regulatory Affairs establishing the regulatory and management
requirements for an ongoing regulated activity as authorized by federal law or
the following State laws: R.S.12:5-1 et seq.; P.L.1975, c.232 (C.13:1D-29 et
al.); the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et
seq.); section 17 of P.L.1975, c.326 (C.13:1E-26); the "Comprehensive
Regulated Medical Waste Management Act," P.L.1989, c.34 (C.13:1E-48.1 et
al.); P.L.1989, c.151 (C.13:1E-99.21a et al.); the "New Jersey Statewide
Mandatory Source Separation and Recycling Act," P.L.1987, c.102
(C.13:1E-99.11 et al.); the "Pesticide Control Act of 1971,"
P.L.1971, c.176 (C.13:1F-1 et seq.); the "Industrial Site Recovery
Act," P.L.1983, c.330 (C.13:1K-6 et al.); the "Toxic Catastrophe
Prevention Act," P.L.1985, c.403 (C.13:1K-19 et seq.); "The Wetlands
Act of 1970," P.L.1970, c.272 (C.13:9A-1 et seq.); the "Freshwater Wetlands
Protection Act," P.L.1987, c.156 (C.13:9B-1 et al.); the "Coastal
Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.); the
"Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et
seq.); the "Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1
et al.); P.L.1947, c.377 (C.58:4A-5 et seq.); the "Water Pollution Control
Act," P.L.1977, c.74 (C.58:10A-1 et seq.); P.L.1986, c.102 (C.58:10A-21 et
seq.); the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et
al.); the "Flood Hazard Area Control Act," P.L.1962, c.19
(C.58:16A-50 et seq.). "Permit" shall not include the renewal or
modification of a New Jersey Pollutant Discharge Elimination System permit
issued pursuant to the "Water Pollution
Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.).
(cf: P.L.1993, c.361, s.2)
21. Section 1 of P.L.1995, c.296 (C.13:1D-125) is amended to read as follows:
1. The Legislature finds and declares that:
The Department of [Environmental Protection] Economic Development and Regulatory Affairs has historically measured the success of its enforcement programs based upon the magnitude of penalties imposed, correlating higher penalties with greater success, and that this paradigm is predicated upon the belief that the threat or imposition of monetary sanctions is the sole economic incentive inducing compliance and the dominant force driving corporate compliance decisions and investments.
The economic dynamics of pollution control and waste management have substantially changed since the inception of environmental regulatory and enforcement programs; that considerable market forces now exist which substantially influence the economics of compliance; that the threat or imposition of monetary sanctions is no longer the dominant force driving corporate compliance decisions and investments; and that the enforcement programs administered by the Department of [Environmental Protection] Economic Development and Regulatory Affairs should recognize these changes in the factors which influence compliance.
There are equally effective alternative methods to promote compliance with environmental laws, such as establishing grace (compliance) periods, which are especially well-suited for minor violations that have minimal, if any, effect upon public health, safety or natural resources, and that the Department of [Environmental Protection] Economic Development and Regulatory Affairs affords grace (compliance) periods in certain regulatory programs for minor violations of environmental laws, but this policy is not consistently applied throughout all regulatory programs.
Expanding the use of grace (compliance) periods will promote compliance by allowing those members of the regulated community who are committed to working diligently and cooperatively toward compliance, to invest private capital in pollution control equipment and other measures which will yield long-term environmental benefits, instead of in costly litigation and the payment of punitive monetary sanctions.
Establishing a policy for the consistent application of grace (compliance) periods for minor violations is a proper exercise of the Department of [Environmental Protection's] Economic Development and Regulatory Affairs' enforcement discretion and will enable the Department of [Environmental Protection] Economic Development and Regulatory Affairs to more sharply focus limited public resources on serious violations of environmental law.
Establishing and employing grace (compliance) periods for minor violations will ensure the administration of an effective, consistent, sensible and fair enforcement program by the Department of [Environmental Protection] Economic Development and Regulatory Affairs, and promote the health and safety of the public and the protection of natural resources.
Persons responsible for minor violations of environmental laws should be afforded a grace (compliance) period, and if the person responsible for the violation achieves compliance within the grace period, the Department of [Environmental Protection] Economic Development and Regulatory Affairs should refrain from imposing penalties.
The economic dynamics of compliance, in combination with an evolving environmentally-sensitive corporate ethic, have resulted in the initiation of environmental audits by regulated entities and the consequent discovery of violations of environmental laws.
Environmental enforcement policies should promote and encourage the initiation of environmental audits, the diligent remediation of violations so discovered and the immediate and voluntary disclosure of such violations to the Department of [Environmental Protection] Economic Development and Regulatory Affairs.
The Department of [Environmental Protection] Economic Development and Regulatory Affairs should refrain from imposing monetary sanctions for violations immediately and voluntarily disclosed, provided certain conditions are met.
(cf: P.L.1995, c.296, s.1)
22. Section 2 of P.L.1995, c.296 (C.13:1D-126) is amended to read as follows:
2. As used in this act:
"Department" means the Department of [Environmental Protection] Economic Development and Regulatory Affairs.
"Environmental law" means the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.); the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.); the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.); the "Industrial Site Recovery Act," P.L.1983, c.330 (C.13:1K-6 et seq.); the "Toxic Catastrophe Prevention Act," P.L.1985, c.403 (C.13:1K-19 et seq.); the "Worker and Community Right To Know Act," P.L.1983, c.315 (C.34:5A-1 et al.); the "Comprehensive Regulated Medical Waste Management Act," P.L.1989, c.34 (C.13:1E-48.1 et seq.); P.L.1986, c.102 (C.58:10A-21 et seq.); the "Pollution Prevention Act," P.L.1991, c.235 (C.13:1D-35 et seq.); the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58:10-23.11 et seq.); the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1G-1 et seq.); the "Pesticide Control Act of 1971," P.L.1971, c.176 (C.13:1F-1 et seq.); the "Radiation Protection Act," P.L.1958, c.116 (C.26:2D-1 et seq.); the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.); the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.); "The Wetlands Act of 1970," P.L.1970, c.272 (C.13:9A-1 et seq.); R.S.12:5-1 et seq.; the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.); any rule or regulation promulgated thereunder; and any permit issued pursuant thereto. It shall also include any ordinance adopted by a local government agency to implement or effectuate the purposes or objectives of an environmental law.
"Facility" means the building, equipment and contiguous area at a single location used for the conduct of business, and which is regulated pursuant to an environmental law.
"Local government agency" means a political subdivision of the State or any instrumentality thereof, including, but not limited to, a municipality, county, local board of health, county board of health, regional health commission, improvement authority, utility authority or sewerage authority authorized by law to enforce an environmental law or adopt ordinances implementing or effectuating the purposes or objectives of an environmental law.
"Minor violation" means any violation which the department, pursuant to section 5 of this act, has designated as a minor violation.
"Penalty" means a civil penalty imposed or civil administrative penalty assessed for a violation of any environmental law or any rule or regulation adopted pursuant thereto or any permit issued thereunder.
"Person" means any individual, corporation, company, partnership, firm, association, political subdivision of this State or any State or interstate agency.
(cf: P.L.1995, c.296, s.2)
23. Section 5 of P.L.2004, c.89 (C.13:1D-145) is amended to read as follows:
5. a. There is established in the Department of [Environmental Protection] Economic Development and Regulatory Affairs a Division of Smart Growth under the direction of a director, who shall be appointed by the Governor and report to the Commissioner of [Environmental Protection] Economic Development and Regulatory Affairs. The director shall review and take action on permits for which the applicant has requested expedited review pursuant to this section.
b. The director shall coordinate and expedite the review of permits issued by the division with the Smart Growth Ombudsman appointed pursuant to section 2 of P.L.2004, c.89 (C.52:27D-10.3).
c. (1) An applicant may request an expedited permit application review for a proposed project in a smart growth area. In order to qualify for expedited permit application review pursuant to this section, an applicant shall include with a permit application all necessary documentation, a request for expedited permit application review, and the permit fee established in accordance with subsection d. of this section. The permit application shall be signed by the applicant and by a professional qualified and registered in accordance with subsection e. of this section, certifying that a permit application is complete and that the statutory and regulatory requirements for the permit have been met by the applicant. A copy of the application and the request shall also be submitted to the ombudsman and to the clerk of the municipality and the clerk of the county in which the proposed project is located. A permit application that qualifies for expedited permit application review pursuant to this section shall be subject to the following time frames:
(a) the division shall notify an applicant within 20 days after the filing date if the permit application lacks a submission identified on a checklist therefor, or a submission has not been completed. If an application, including the permit fee and all necessary documentation, is determined to be complete, or if a notice of incompleteness is not provided within 20 days after the filing of the application, the application shall be deemed complete for purposes of commencing a technical review. In the case of a permit application affecting wetlands, a complete application shall include an effective letter of interpretation issued by the department concerning the delineation of the wetlands;
(b) (i) except as otherwise provided in subsubparagraph (ii) of this subparagraph, the division shall notify an applicant if the permit application is technically complete or issue a notice of deficiency within 45 days after the filing of the application. If an application is determined to be technically complete, or if a notice of deficiency is not issued within 45 days after the filing of the application, the application shall be deemed technically complete. A notice of deficiency shall itemize all deficiencies that must be addressed in order for the application to be determined technically complete. A notice of deficiency shall be deemed exclusive and further review for technical completeness shall be limited to the items so identified;
(ii) in the case of water allocation permits issued pursuant to the "Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.) and P.L.1993, c.202 (C.58:1A-7.3 et seq.) for a diversion from an unconfined aquifer or surface water body and New Jersey Pollutant Discharge Elimination System permits issued pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) for a discharge of 1,000,000 gallons per day or greater, the division shall notify an applicant if the permit application is technically complete or issue a notice of deficiency within 60 days after filing of the application. If an application is determined to be technically complete, or if a notice of deficiency is not issued within 60 days after filing of the application, the application shall be deemed technically complete;
(c) except as provided in subparagraphs (e) and (f) of this paragraph, the division shall take action on a technically complete permit application within 45 days, except that this time period may be extended for a 30-day period by the mutual consent of the applicant and the department. Except for any New Jersey Pollutant Discharge Elimination System permit issued pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) in the event that the department fails to take action on an application for a permit within the 45-day period specified herein, or within the periods set forth in subparagraphs (e) and (f) of this paragraph, then the application shall be deemed to have been approved;
(d) if more than one notice of deficiency is issued by the division, the applicant may request an expedited hearing in accordance with section 14 of P.L.2004, c.89 (C.52:14F-17) to determine whether the application is technically complete;
(e) in the cases of water allocation permits issued pursuant to the "Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.) and P.L.1993, c.202 (C.58:1A-7.3 et seq.) for a diversion from a confined aquifer and New Jersey Pollutant Discharge Elimination System permits issued pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) for a discharge of less than 1,000,000 gallons per day, after a permit application is deemed complete, and after a 30-day public comment period, the department shall take action on the permit within five days if minimal or no comments were received in the public comment period, or within 15 days if more than minimal comments were received in the public comment period; and
(f) in the cases of water allocation permits issued pursuant to the "Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.) and P.L.1993, c.202 (C.58:1A-7.3 et seq.) for a diversion from an unconfined aquifer or surface water body and New Jersey Pollutant Discharge Elimination System permits issued pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) for a discharge of 1,000,000 gallons per day or greater, after a permit application is deemed complete, and after a 30-day public comment period, the department shall take action on the permit within five days if minimal or no comments were received in the public comment period, or within 45 days if more than minimal comments were received in the public comment period.
(2) Nothing in this subsection shall supersede shorter periods for department action provided by applicable law.
d. The direct and indirect costs of personnel, equipment, operating expenses, and activities of the division shall be funded solely through permit fees for expedited permits issued in the smart growth areas pursuant to this section. The department shall, in consultation with the ombudsman, establish permit fees necessary for the department to administer and enforce the expedited permit application review program established pursuant to this section. The fee schedule established pursuant to this subsection shall include the department's pro rata share of the budget of the Smart Growth Ombudsman. Within 30 days after the date of enactment of P.L.2004, c.89 (C.52:27D-10.2 et al.), the department, in consultation with the ombudsman, shall publish a schedule of permit fees in the New Jersey Register and may amend the fee schedule as necessary. The fee schedule may provide for increased fees for complex projects.
e. (1) The Director of the Division of Smart Growth shall, within 120 days after the date of enactment of P.L.2004, c.89 (C.52:27D-10.2 et al.), develop a program for the qualification and registration of professionals who shall certify that a permit application is complete and that the statutory and regulatory requirements for the permit have been met by the applicant. The requirements for qualification and registration may include, but shall not be limited to, professional licensure relevant to the subject matter of the permit, a review of projects undertaken by the professional applying for qualification and registration, and a review of the nature of the professional's services provided on each project.
(2) The director shall include in the program for the qualification and registration of professionals any standards or requirements necessary for proper administration and enforcement of the provisions of P.L.2004, c.89 (C.52:27D-10.2 et al.), and shall provide for the suspension or revocation of the qualification and registration of professionals as provided in this subsection.
(3) Any person who negligently violates any requirement of the program established by the department for the qualification and registration of professionals may lose professional licensure for one year, may be barred from qualification and registration for a period of three years, and the firm with which that individual is associated may be barred from seeking qualification and registration for a period of three years.
(4) If a person willfully or recklessly violates any requirement of the program established by the department for the qualification and registration of professionals, that individual shall lose professional licensure for one year, shall be permanently barred from qualification and registration, and the firm with which that individual is associated shall be permanently barred from seeking qualification and registration.
(5) Prior to any suspension, revocation, or failure to renew a person's qualification and registration, the department shall afford the person or firm an opportunity for a hearing in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), except that, if the department has reason to believe that a condition exists which poses an imminent threat to the public health, safety or welfare, it may order the immediate suspension of qualification and registration pending the outcome of the hearing.
f. The Director of the Division of Smart Growth, after consultation with the Smart Growth Ombudsman, may adopt rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as appropriate to implement the requirements of this section and to encourage development in the smart growth areas.
g. Nothing in this section shall be construed or implemented in such a way as to modify any requirement of law that is necessary to retain federal delegation to, or assumption by, the State of the authority to implement a federal law or program.
h. Applications for an expedited permit application review pursuant to subsection c. of this section shall not be accepted until 120 days following the date of enactment of P.L.2004, c.89 (C.52:27D-10.2 et al.). Applications pending on the date of enactment of P.L.2004, c.89 (C.52:27D-10.2 et al.) shall, upon request of the applicant, be processed in the expedited permit application review program when it becomes effective. A permit application that is the subject of a request under this provision shall be transferred to the Division of Smart Growth for processing in accordance with P.L.2004, c.89 (C.52:27D-10.2 et al.).
(cf: P.L.2004, c.89, s.5)
24. Section 10 of P.L.2004, c.89 (C.13:1D-146) is amended to read as follows:
10. a. In addition to the provisions of subsection c. of section 5, subsection c. of section 7 and subsection c. of section 9 of P.L.2004, c.89 (C.13:1D-145, C.27:1E-2 and C.52:27D-10.6), expedited permit mechanisms, such as a permits-by-rule, general permits, and certification by professionals qualified and registered in accordance with subsection e. of section 5, subsection e. of section 7 or subsection e. of section 9 of P.L.2004, c.89 (C.13:1D-145, C.27:1-2 or C.52:27D-10.6), as appropriate, shall be made available in the smart growth areas as determined appropriate by the Commissioner of [Environmental Protection] Economic Development and Regulatory Affairs, the Commissioner of Transportation, or the Commissioner of Community Affairs, as appropriate, after consultation with the Smart Growth Ombudsman.
b. The following permits or approvals in smart growth areas shall be by permit-by-rule upon certification of compliance with statutory and regulatory requirements by a professional qualified and registered in accordance with subsection e. of section 5 of P.L.2004, c.89 (C.13:1D-145):
(1) treatment works approvals pursuant to section 6 of P.L.1977, c.74 (C.58:10A-6) for sewer lines, pumping stations, force mains or service connections in sewer service areas;
(2) water quality management plan amendments adopted pursuant to the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et seq.) for new or expanded sewer service areas associated with an existing wastewater treatment facility;
(3) water main extension permits pursuant to the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.) where a public water system has available, uncommitted resources;
(4) well drilling permits pursuant to section 10 of P.L.1947, c.377 (C.58:4A-14); and
(5) the following general permits issued by the Department of [Environmental Protection] Economic Development and Regulatory Affairs for activities in the waterfront development area designated pursuant to R.S.12:5-3 and in accordance with rules and regulations in effect on June 14, 2004:
(a) the landfall of utilities including cable, including electric, television and fiber optics, telecommunication, petroleum, natural gas, water and sanitary sewer lines constructed in tidal water bodies authorized pursuant to R.S.12:5-1 et seq. or the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.);
(b) minor maintenance dredging in man-made lagoons; and
(c) the voluntary reconstruction of a non-damaged legally constructed, currently habitable residential or commercial development landward of the existing footprint of development.
c. The Director of the Division of Smart Growth established in the Department of [Environmental Protection Economic Development and Regulatory Affairs pursuant to subsection a. of section 5 of P.L.2004, c.89 (C.13:1D-145) shall take action on the following wetlands general permits issued by the Department of [Environmental Protection] Economic Development and Regulatory Affairs pursuant to the Freshwater Wetlands Protection Act Rules adopted under the authority of the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.) and in effect on June 14, 2004, provided the application includes an effective letter of interpretation issued by the department pursuant to section 8 of P.L.1987, c.156 (C.13:9B-8), in smart growth areas within 45 days upon certification of compliance with statutory and regulatory requirements by a professional qualified and registered in accordance with subsection e. of section 5 of P.L.2004, c.89 (C.13:1D-145):
(1) regulated activities in freshwater wetlands, transition areas, or State open waters, necessary for the construction or maintenance of an underground utility line provided that any permanent above-ground disturbance of wetlands, transition area, or State open waters shall be no greater than one acre;
(2) a regulated activity in a freshwater wetland, transition area, or State open water, if the freshwater wetland or State open water is not part of a surface water tributary system discharging into an inland lake or pond, or a river or stream, and provided the activity shall disturb no more than one-half acre of a freshwater wetland, transition area, or State open water up to one-half acre;
(3) minor road crossings, including attendant features such as shoulders, sidewalks and embankments, provided that the total area of disturbance shall not exceed one-quarter acre of freshwater wetland, transition area, and State open water, without regard to the distance or length of road, to access developable uplands;
(4) regulated activities in freshwater wetlands, transition areas, or State open waters, necessary to stabilize the bank of a water body in order to reduce or prevent erosion through bioengineering methods;
(5) regulated activities in freshwater wetlands, transition areas, or State open waters, necessary for the construction of an above ground utility line;
(6) the disturbance of certain degraded freshwater wetlands, transition areas, or State open waters necessary for redevelopment of an area previously significantly disturbed by industrial or commercial activities provided that the disturbance shall not exceed one-tenth acre of freshwater wetlands and one-quarter acre total disturbance including transition areas;
(7) regulated activities in freshwater wetlands or transition areas, necessary for the construction of additions or appurtenant improvements to residential dwellings lawfully existing prior to July 1, 1988, provided that the improvements or additions require less than a cumulative surface area of 750 square feet of fill or disturbance and shall not result in new alterations to a freshwater wetland outside of the 750 square foot area;
(8) regulated activities in freshwater wetlands, transition areas and State open waters necessary for surveying and investigative activities, including: soil borings dug by machine; hand dug soil borings larger than three feet in diameter or depth; cutting of vegetation by machine for a survey line; cutting of vegetation by hand for a survey line; and digging of exploratory pits and other temporary activities necessary for a geotechnical or archaeological investigation; and
(9) regulated activities in freshwater wetlands and transition areas necessary for the repair or modification of a malfunctioning individual subsurface sewage disposal system provided that the activity shall disturb no more than one-quarter acre of freshwater wetlands or transition areas combined.
d. The Director of the Division of Smart Growth established in the Department of [Environmental Protection] Economic Development and Regulatory Affairs pursuant to subsection a. of section 5 of P.L.2004, c.89 (C.13:1D-145) shall take action on minor stream encroachment permits for an encroachment project that does not require hydrologic or hydraulic review; does not require review of any stormwater detention basin; does not increase potential for erosion or sedimentation in stream and does not require substantial channel modification or relocation; and does not need to be reviewed for the zero percent or 20 percent net fill limitations other than that associated with a single family dwelling, in smart growth areas within 30 days upon certification of compliance with statutory and regulatory requirements by a professional qualified and registered in accordance with subsection e. of section 5 of P.L.2004, c.89 (C.13:1D-145).
e. The following Highway Occupancy permits or approvals in smart growth areas shall be by permit-by-rule upon certification of compliance with statutory and regulatory requirements by a professional qualified and registered in accordance with subsection e. of section 7 of P.L.2004, c.89 (C.27:1E-2):
(1) drainage;
(2) utility openings; and
(3) utility poles (new and relocation).
f. Notwithstanding the provisions of P.L.1987, c.156 (C.13:9B-1 et seq.), or any rule or regulation adopted pursuant thereto, to the contrary, an activity conducted under the authority of a general permit issued by the Department of [Environmental Protection] Economic Development and Regulatory Affairs pursuant to section 23 of P.L.1987, c.156 (C.13:9B-23) may occur in a vernal habitat located within a smart growth area or in a transition area adjacent to a vernal habitat located within a smart growth area.
g. A copy of the application for a general permit or a notice of the permit by rule provided pursuant to this section shall be submitted to the ombudsman and to the clerk of the municipality and the clerk of the county in which the proposed project is located.
h. Nothing in this section shall be construed or implemented in such a way as to modify any requirement of law that is necessary to retain federal delegation to, or assumption by, the State of the authority to implement a federal law or program.
(cf: P.L.2004, c.89, s.10)
25. Section 5 of P.L.1998, c.44 (C.52:27C-65) is amended to read as follows:
5. All appropriations and other moneys available and to become available to any department, division, bureau, board, commission, or other entity or agency, the functions, powers and duties of which have been assigned or transferred to the Department of Commerce and Economic Development Development, are hereby continued in the commission, except as herein otherwise provided, and shall be available for the objects and purposes for which such moneys are appropriated subject to any terms, restrictions, limitations, or other requirements imposed by State or federal law. Nothing herein shall alter the provisions of section 4 of P.L.1983, c.190 (C.34:1B-39). Whenever, in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Department of Commerce and Economic Development Development, the New Jersey Commerce and Economic Development Growth Commission or the New Jersey Commerce, Economic Development Growth and Tourism Commission, the same shall mean and refer to the "New Jersey Commerce Commission" in [but not of] the Department of [the Treasury] Economic Development and Regulatory Affairs.
(cf: P.L.2007, c.253, s.28)
26. Section 8 of P.L.1998, c.44 (C.52:27C-68) is amended to read as follows:
8. The Board of Directors of the commission shall consist of the following 11 voting members and two non-voting members:
a. The Governor, who shall be the Chair of the commission. The Governor may be represented by an official designee, whose name shall be filed with the commission.
b. The [State Treasurer] Commissioner of Economic Development and Regulatory Affairs who shall serve ex-officio and may be represented by an official designee, whose name shall be filed with the commission.
c. One commissioner from each of the following departments who shall serve ex-officio: [the Department of Environmental Protection,] the Department of Labor and Workforce Development and the Department of Transportation. These commissioners may be represented by an official designee, whose name shall be filed with the commission.
d. The chairman of the New Jersey Commission on Higher Education, who shall serve ex officio. This chairman may be represented by an official designee, whose name shall be filed with the commission.
e. Three public members who shall be appointed by the Governor with the advice and consent of the Senate, not more than two of whom shall be of the same political party. The three public members shall serve for a term of five years and shall serve until their successors are appointed and qualified. Of the three public members first appointed pursuant to this subsection, two shall serve for a term of five years and one shall serve for a term of three years. These members shall be New Jersey residents who shall provide appropriate geographical representation from throughout the State and who shall be employed by, owners of, or members of the board of directors of, a business whose principal operation is located in New Jersey. Public members shall receive no compensation for their services but shall be entitled to reimbursement for expenses incurred in the performance of their official duties.
f. Two additional members who shall be appointed by, and serve at the pleasure of, the Governor. The Governor is authorized to appoint one member upon the recommendation of the President of the Senate and one member upon the recommendation of the Speaker of the General Assembly.
g. One member of the Senate, to be appointed by the President of the Senate, and one member of the General Assembly, to be appointed by the Speaker of the General Assembly. These members are non-voting, advisory members, appointed solely for the purpose of developing and facilitating legislation to assist the commission in fulfilling its statutory mission, and may not exercise any of the executive powers delegated to the commission by law.
h. Any vacancies in the appointed membership of the commission occurring other than by expiration of term shall be filled in the same manner as the original appointment, but for the unexpired term only.
(cf: P.L.2007, c.253, s.30)
27. Section 9 of P.L.2004, c.89 (C.52:27D-10.6) is amended to read as follows:
9. a. There is established in the Department of [Community Affairs] Economic Development and Regulatory Affairs a Division of Smart Growth under the direction of a director, who shall be appointed by the Governor and report to the Commissioner of [Community Affairs] Economic Development and Regulatory Affairs. The director shall review and take action on permits for which the applicant has requested expedited review pursuant to this section.
b. The director shall coordinate and expedite the review of permits issued by the division with the Smart Growth Ombudsman appointed pursuant to section 2 of P.L.2004, c.89 (C.52:27D-10.3).
c. (1) An applicant may request an expedited permit application review for a proposed project in a smart growth area. In order to qualify for expedited permit application review pursuant to this section, an applicant shall include with a permit application all necessary documentation, a request for expedited permit application review, and the permit fee established in accordance with subsection d. of this section. The permit application shall be signed by the applicant and by a professional qualified and registered in accordance with subsection e. of this section, certifying that a permit application is complete and that the statutory and regulatory requirements for the permit have been met by the applicant. A copy of the application and the request shall also be submitted to the ombudsman and to the clerk of the municipality and the clerk of the county in which the proposed project is located. A permit application that qualifies for expedited permit application review pursuant to this section shall be subject to the following time frames:
(a) the division shall notify an applicant within 20 days after the filing date if the permit application lacks a submission identified on a checklist therefor, or a submission has not been completed. If an application, including the permit fee and all necessary documentation, is determined to be complete or if a notice of incompleteness is not provided within 20 days after the filing of the application, the application shall be deemed complete for purposes of commencing a technical review;
(b) the division shall notify an applicant if the permit application is technically complete or issue a notice of deficiency within 45 days after the filing of the application. If an application is determined to be technically complete, or if a notice of deficiency is not issued within 45 days after the filing of the application, the application shall be deemed technically complete. A notice of deficiency shall itemize all deficiencies that must be addressed in order for the application to be determined technically complete. A notice of deficiency shall be deemed exclusive and further review for technical completeness shall be limited to the items so identified;
(c) the division shall take action on a technically complete permit application within 45 days, except that this time period may be extended for a 30-day period by the mutual consent of the applicant and the department. In the event that the department fails to take action on an application for a permit within the 45-day period specified herein, then the application shall be deemed to have been approved; and
(d) if more than one notice of deficiency is issued by the division, the applicant may request an expedited hearing in accordance with section 14 of P.L.2004, c.89 (C.52:14F-17) to determine whether the application is technically complete.
(2) Nothing in this subsection shall supersede shorter periods for department action provided by applicable law.
d. The direct and indirect costs of personnel, equipment, operating expenses, and activities of the division shall be funded solely through permit fees for permits issued in the smart growth areas. The department shall, in consultation with the ombudsman, establish permit fees necessary for the department to administer and enforce the program. The fee schedule established pursuant to this subsection shall include the department's pro rata share of the budget of the Smart Growth Ombudsman. Within 30 days after the date of enactment of P.L.2004, c.89 (C.52:27D-10.2 et al.), the department, in consultation with the ombudsman, shall publish a schedule of permit fees in the New Jersey Register and may amend the fee schedule as necessary. The fee schedule may provide for increased fees for complex projects.
e. (1) The Director of the Division of Smart Growth shall, within 120 days after the date of enactment of P.L.2004, c.89 (C.52:27D-10.2 et al.), develop a program for the qualification and registration of professionals who shall certify that a permit application is complete and that the statutory and regulatory requirements for the permit have been met by the applicant. The requirements for qualification and registration may include, but shall not be limited to, professional licensure relevant to the subject matter of the permit, a review of projects undertaken by the professional applying for qualification and registration, and a review of the nature of the professional's services provided on each project.
(2) The director shall include in the program for the qualification and registration of professionals any standards or requirements necessary for proper administration and enforcement of the provisions of P.L.2004, c.89 (C.52:27D-10.2 et al.), and shall provide for the suspension or revocation of the qualification and registration of professionals as provided in this subsection.
(3) Any person who negligently violates any requirement of the program established by the department for the qualification and registration of professionals may lose professional licensure for one year, may be barred from qualification and registration for a period of three years, and the firm with which that individual is associated may be barred from seeking qualification and registration for a period of three years.
(4) If a person willfully or recklessly violates any requirement of the program established by the department for the qualification and registration of professionals, that individual shall lose professional licensure for one year, shall be permanently barred from qualification and registration, and the firm with which that individual is associated shall be permanently barred from seeking qualification and registration.
(5) Prior to any suspension, revocation, or failure to renew a person's qualification and registration, the department shall afford the person or firm an opportunity for a hearing in accordance with the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), except that, if the department has reason to believe that a condition exists which poses an imminent threat to the public health, safety or welfare, it may order the immediate suspension of qualification and registration pending the outcome of the hearing.
f. The director, after consultation with the Smart Growth Ombudsman, may adopt rules and regulations in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) as appropriate to implement the requirements of this section and to encourage development in the smart growth areas.
g. Nothing in this section shall be construed or implemented in such a way as to modify any requirement of law that is necessary to retain federal delegation to, or assumption by, the State of the authority to implement a federal law or program.
h. Applications for an expedited permit application review pursuant to subsection c. of this section shall not be accepted until 120 days following the date of enactment of P.L.2004, c.89 (C.52:27D-10.2 et al.). Applications pending on the date of enactment of P.L.2004, c.89 (C.52:27D-10.2 et al.) shall, upon request of the applicant, be processed in the expedited permit application review program when it becomes effective. A permit application that is the subject of a request under this provision shall be transferred to the Division of Smart Growth for processing in accordance with P.L.2004, c.89 (C.52:27D-10.2 et al.).
(cf: P.L.2004, c.89, s.9)
28. The following are repealed:
Section 11 of P.L.1987, c.365 (C.13:1E-96.1); and
Section 3 of P.L.1998, c.154 (C.52:27C-63).
29. This act shall take effect upon the enactment into law of P.L. , c. (C. )(pending before the Legislature as Senate Bill No. of 2008).
STATEMENT
This bill would, in effect, create a new department by restructuring the existing Department of Environmental Protection, which would be designated as the Department of Economic Development and Regulatory Affairs. The bill would also transfer certain functions, powers, duties, agencies, divisions, and other entities from other principal departments to the reorganized and renamed Department of Economic Development and Regulatory Affairs.
The bill would transfer all the functions, powers, and duties of the Smart Growth Ombudsman in the Department of Community Affairs, established pursuant to section 2 of P.L.2004, c.89 (C.52:27D-10.3), to the Department of Economic Development and Regulatory Affairs.
The bill would transfer all the functions, powers, and duties of the Division of Travel and Tourism in the Department of State, established pursuant to section 4 of P.L.1977, c.225 (C.34:1A-48), to the Department of Economic Development and Regulatory Affairs.
The bill would also transfer all the functions, powers, and duties of the Division of Smart Growth in the Department of Community Affairs, established pursuant to section 9 of P.L.2004, c.89 (C.52:27D-10.6), to the Department of Economic Development and Regulatory Affairs.
The bill would abolish the New Jersey Commerce Commission created by P.L.1998, c.44 (C.52:27C-61 et seq.) as a commission in the Executive Branch of State government, and all of its functions, powers and duties, would be transferred to the Department of Economic Development and Regulatory Affairs.
