New Jersey Legislative Update
Recently Enacted Environmental Laws
P.L.2017, c.112 (S2914) Precludes NJDEP from imposing certain certification requirements on installers of individual subsurface sewage disposal systems.
P.L.2017, c.136 (S3027) Establishes state food waste reduction goal of 50 percent by 2030.
P.L.2017, c.142 (S3240) Authorizes New Jersey Environmental Infrastructure Trust to expend certain sums to make loans for environmental infrastructure projects for FY2018.
P.L.2017, c.143 (S3241) Appropriates funds for NJDEP for environmental infrastructure projects for FY2018.
P.L.2017, c.144 (S3242) Clarifies procedures for approval of environmental and transportation infrastructure projects.
P.L.2017, c.199 (S2884) Declares that deed restrictions or agreements that prevent raising or constructing of a structure to certain flood elevation standards are unenforceable.
Recently Introduced Environmental Bills
A693 / A540: Requires State compensation of property owners for certain property devalued due to certain environmental laws; and requires State agencies to evaluate proposed administrative rules for potential to constitute taking of real property. Status: Pending in Assembly State Government Committee.
A960 / S1030: Imposes criminal penalties for discharge of untreated sewage from containment devices installed on watercraft. Status: Pending in Senate Environment and Energy Committee.
A1352: Concerns regulation of solid waste, hazardous waste, and recycling industries - implementing recommendations concerning the circumvention of oversight in the solid waste and recycling industries. Status: Reported from Senate Budget and Appropriations Committee with Amendments, second reading in Senate.
A1353 / S575: Concerns combined sewer overflows; establishes Combined Sewer Overflow Solutions Fund; exempts improvements thereto from 2% property tax cap; and appropriates $5 million. Status: Pending in Senate Budget and Appropriations Committee.
A1356: Requires owner or operator of industrial establishment applying for de minimus exemption from “Industrial Site Recovery Act” to certify as to no actual knowledge of contamination exceeding remediation standards. Status: Introduced; pending in Assembly Environment and Solid Waste Committee.
A2076: Establishes de minimis levels for regulation of air contaminants and hazardous air pollutants, and directs NJDEP to establish de minimis levels for regulation of hazardous substances. Status: Introduced; pending in Assembly Environment and Solid Waste Committee.
A4880 / S3351: Amends law to limit NJDEP’s direct oversight of remediation of portion of contaminated site under certain circumstances. Status: Introduced; pending in Senate Environment and Energy Committee.
S1237 / A1954: Makes changes to funding provisions for financial assistance grants from Hazardous Discharge Site Remediation Fund. Status: Passed by the Assembly; pending in Senate Environment and Energy.
S1368 / A3039: Requires NJDEP to obtain legislative approval and authorization before increasing a fee or imposing a new fee, but retains NJDEP authority to use ordinary administrative procedure when decreasing a fee. Status: Introduced; pending in Assembly Regulatory Oversight and Reform and Federal Relations Committee.
S2306 / A1352: Concerns regulation of solid waste, hazardous waste, and soil and debris recycling industries. Status: Introduced; pending in Assembly Environment and Solid Waste Committee.
S3351 / A4880: Amends law to limit NJDEP’s direct oversight of remediation of portion of contaminated site under certain circumstances. Status: Passed by the Assembly; pending in Senate Environment and Energy Committee.
Updated Status of Previously Reported Environmental Bills
A2463 / S806: Requires owner or operator of certain trains to have discharge response, cleanup, and contingency plans to transport certain hazardous materials by rail; requires NJDOT to request bridge inspection reports from USDOT. Status: Passed both Houses; S806 Substituted for A2463. Conditional veto; received in Senate.
A4306: Requires NJDEP to adopt statewide plan to reduce lead exposure from contaminated soils and drinking water. Status: Pending in Assembly Appropriations Committee; pending in Senate Environment and Energy Committee.
AR175 / SR80: Opposes construction of hazardous waste incinerator in Falls Township, Pennsylvania due to the high probability of pollution from both permitted and accidental discharges that would affect air quality in the region and the water quality of the Delaware River, the Delaware Bay, the Chesapeake Bay, and other bodies of water. Status: Out of Assembly Environment and Solid Waste Committee with Amendments, second reading in Assembly; pending in Senate Environment and Energy Committee. Passed by the Assembly; filed with the Secretary of State.
AR219 / SR107: Urges relevant federal and State authorities to investigate actions taken by Argentinian state oil company to discharge Superfund obligations through bankruptcy proceedings. Status: Pending in Assembly Environment and Solid Waste Committee; pending in Senate Environment and Energy Committee. Filed with Secretary of State.
S2712: Prohibits dumping dredge spoils on and around certain islands without municipal approval. Status: Pending in Senate Environment and Energy Committee. Pending in Environment and Solid Waste Committee; pending in Senate Environment and Energy Committee.
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