ASSEMBLY ENVIRONMENT AND SOLID WASTE COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 2867

 

with committee amendments

 

STATE OF NEW JERSEY

 

DATED:  JUNE 12, 2008

 

      The Assembly Environment and Solid Waste Committee reports favorably and with committee amendments Assembly Bill No.2867.

      As amended by the committee, this bill provides that for any government approval, as defined by the bill, in existence during the extension period, the running of the period of approval is automatically suspended for the extension period, except as otherwise provided.  The bill provides, however, that the tolling provided by the bill would not extend the government approval beyond one year after the conclusion of the extension period.  The bill defines “extension period” to be the period beginning January 1, 2008 and continuing through December 31, 2010.

      As amended, the bill would not extend:

      (1) any permit issued by the federal government or any agency or instrumentality thereof;

      (2) any permit or approval issued pursuant to the "Pinelands Protection Act" if the extension would result in a violation of federal law or any State rule or regulation requiring approval by the Secretary of the Interior pursuant to Pub.L.95-625 (16 U.S.C. s.471 (i));

      (3) any permit or approval issued within an environmentally sensitive area, as defined in the bill;

      (4) any certification or approval granted pursuant to P.L.1971, c.386 (C.58:11-25.1 et seq.);

      (5) any certification or approval issued or water quality management plan approved pursuant to the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et seq.);

      (6) any center designation pursuant to either the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.) or the "State Planning Act," P.L.1985, c.398 (C.52:18A-196 et al.);

      (7) any permit or approval issued pursuant to the "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et al.); or

      (8) any permit or approval issued by the Department of Transportation pursuant to Title 27 of the Revised Statutes or under the general authority conferred by State law, other than a right-of-way permit issued pursuant to paragraph (3) of subsection (h) of section 5 of P.L.1966, c.301 (C.27:1A-5) or a permit granted pursuant to R.S.27:7-1 et seq. or any supplement thereto.

      In addition, the bill would not affect any administrative consent order issued by the Department of Environmental Protection in effect or issued during the extension, or extend any approval of a resource recovery facility.

      Also, this bill would provide that if the approval extended was based upon the acquisition of a hookup to a sanitary sewer system, the approval’s extension would be contingent upon the availability of sufficient capacity to accommodate the development.  If the capacity is not available at the time the approval would otherwise be extended by this bill, the bill establishes priority on behalf of those approval holders whose approvals are extended, once additional capacity becomes available.  Priority would be accorded in order of the granting of the original connection approval by the granting agency.

      The bill would not extend any approval granted under the "Municipal Land Use Law" involving a residential development where the master plan and zoning ordinance have been amended to rezone the property to industrial or commercial use subsequent to the expiration of the permit but prior to January 1, 2007, when the permit was issued for residential use.

      Lastly, as amended, the bill provides that it shall not 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.

 

COMMITTEE AMENDMENTS:

      The committee amendments to the bill:

      1) revise the findings and declarations section;

      2) amend the definition of “approval”;

      3) replace the term “economic emergency” with “extension period,” and define that term to mean the period beginning January 1, 2008 and continuing through December 31, 2010;

      4) provide that the tolling provided by the bill would not extend beyond one year after the conclusion of the extension period;

      5) add a definition for the term “environmentally sensitive area” and specify that the bill does not extend any permit or approval issued within an environmentally sensitive area;

      6) amend subsection b. of section 4 of the bill to clarify what approvals would not be extended by the bill so as to be consistent with the amendments to the definition of “approval”;

      7) add a subsection to provide that the bill would not 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; and

      8) change the date from January 1, 2005 to January 1, 2007 regarding approvals granted under the "Municipal Land Use Law" involving a residential development where the master plan and zoning ordinance have been amended to rezone the property to industrial or commercial use when the permit was issued for residential use.