Environmental UPDATE November 2010
Title:
Environmental UPDATE November 2010
Publication:
The November 2010 Riker Danzig Environmental Update
Attorneys:
Practice:
NJDEP Vision Statement and Priorities Promise a More Effective and Customer-Friendly Department
NJDEP Creates Office of Dispute Resolution
NJDEP Offers Site-Specific Technical Consultation to Assist LSRP Decision-Making
Federal Court Abstains From Hearing Case Where NJDEP Heavily Involved
Property Owner Has No Spill Act Liability for Passive Migration of Contamination During Ownership
Demolition of Home as Part of Remediation Process is Covered Cost Under Insurance Policy
Applicant Must Continuously Own Property Through Final Approval to be Eligible for an Innocent Party Grant under the Brownfield and Contaminated Site Remediation Act
EPA Update
EPA Rule Increases Protection From Lead-Paint Poisoning And Extends Deadline For Required Training
EPA Issues Greenhouse Gas Reporting Requirements For Certain Emissions Sources
NJDEP Update
Innovative NJDEP Grant Program Helps Dry Cleaners Reduce Use of Harmful Air Pollutant
Environmental Justice Review of Solid Waste Definition Still Underway
Legislative Update
SIGNED INTO LAW BY THE GOVERNOR
- S82 - Provides that the municipal development regulations in effect at the time of a land-use development application will govern, which will allow pending applications to move forward without being affected by changing requirements.
- A2928 - Appropriates $821 million in no-cost and low-cost loans for crucial water and sewer infrastructure projects across the state.
- S2036 - The "Offshore Wind Economic Development Act" establishes a renewable energy certificate program, and authorizes a tax credit program for qualified wind energy facilities.
- S1986 - This bill would prohibit State agencies and departments from adopting new rules and regulations that exceed federal standards, unless authorized by State law.
- S2013 - This bill would amend the current law concerning State agency rule-making by changing the chapter expiration dates of rules from five years to seven years and would establish a new procedure for the re-adoption of rules without substantive changes.
- S2014 - This bill would establish new procedures in the Administrative Procedure Act to allow substantial changes to agency rule-making.
- S2108 - This bill would increase the Spill Compensation and Control Act cap on liability from $50 million to $1 billion for major facilities.
- S2126 - This bill would permit the development of solar facilities and structures on closed landfills and quarries, providing no environmental controls are disturbed.
- A2722 - This bill purports to implement suggestions from the Governor's Red Tape Review Committee regarding modifications to the process followed by the Office of Administrative Law with regard to contested case hearings. The bill proposes a change to OAL procedures regarding telephone and video conferences, delegation of final decision authority, oral decisions, electronic filings and settlements.
- A2464 (Passed in Assembly) - This bill requires all State agency rules to be published in the New Jersey Register, and with limited exceptions prohibits the enforcement of regulatory guidance documents.
- A2147 - Would establish the "Solar Roof Installation Warranty Program" in the NJ Economic Development Authority and appropriate $2 million from "Global Warming Solutions Fund."
- A2218 - This bill proposes to expand programs in BPU to include low-interest loans and grants to municipalities for energy efficient programs and innovative energy technologies.
- A2239 - The "Retrofitted Green Building Tax Credit Act" would provide tax credits for owners who retrofit buildings to meet certain "green building" standards.
- A2240 - The "Green Building Tax Credit Act" would provide tax credits for property developers and owners who design and construct buildings that meet certain "green building" criteria. The tax credits could be applied toward corporation business taxes, gross income taxes, and potentially other specified taxes.