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Environmental Law

In a state noted for its strict and pace-setting environmental laws, Riker Danzig’s Environmental Law Group is among...

Innovative Technology Legislation Introduced

October 30, 2016

The New Jersey State Legislature, stating that it is in the public interest to encourage new businesses to locate in the State and to assist existing enterprises to remain and expand in the State, has introduced two bills intended to facilitate and stimulate the development and commercial use of technology-based environmental and energy-related products, services and systems within the State.  These companion bills, A.3029 and S.1750, would establish a technical verification program to advance the use of innovative environmental and energy-related technologies that have significant net beneficial environmental effect. By providing technical assistance and encouraging the formation of alliances between those seeking such assistance and technology-based businesses, industry, research facilities, government agencies and third-party investors, the Legislature believes that the State can help expand economic growth and lead to New Jersey's recognition as a leading center for the advancement of environmental and energy-related technologies.

The program would be administered by the NJDEP as part of its mission to preserve and protect the environment by ensuring that the best technology is applied to New Jersey's long term environmental goals.  The program would be implemented through a performance contract with the New Jersey Corporation of Advanced Technology ("NJCAT").  NJCAT is a Nonprofit organization made up of technology-related industries, businesses, universities, utilities, government agencies and third-party investors.  Its mission is to promote the development, retention and growth of technology-based businesses that develop and employ energy-related and environmental technologies.

Under these bills, NJDEP, in conjunction with NJCAT, would develop a process to identify, evaluate, verify, promote and expedite the commercial use of innovative energy and environmental technologies by providing technical guidance, coordinating the required approvals and reviews, and revising the regulatory framework affecting the development and use of these technologies.  A technical guidance document, to be published in the New Jersey Register, would include a technical manual for each class or category of technology, the permits required for its commercial use, and evaluation and verification procedures and protocols, as well as provisions for revisions to those procedures and protocols, as needed.  Requirements for entry into the program are to be defined in the guidance document.

The bills contain a provision for NJDEP to enter into reciprocal agreements with the EPA, local, regional or national environmental agencies or groups or with other agencies or entities, both in New Jersey and in other states, for the purpose of expediting the reciprocal acceptance of technical data and technology.

Both bills appropriate $95,000 for the implementation of the program, but while A.3029 and the original version of S.1750 would appropriate the money to NJCAT, the current version of S.1750 would appropriate the money to NJDEP.

A.3029 was introduced March 25, 1999 and referred to the Assembly Environment Committee, where it currently resides.  S.1750 was introduced March 15, 1999 and referred to the Senate Economic Growth, Agriculture and Tourism Committee.  It was reported out of the committee with amendments and had its second reading in the Senate on May 6, 1999.  On June 24, 1999, the Senate passed the bill and sent it to the Assembly where it was referred to the Assembly Environment Committee.  If enacted, the bill would take effect immediately.

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