SENATE, No. 2603

STATE OF NEW JERSEY

213th LEGISLATURE

 

INTRODUCED FEBRUARY 26, 2009

 


 

Sponsored by:

Senator MARCIA A. KARROW

District 23 (Warren and Hunterdon)

 

 

 

 

SYNOPSIS

     Requires DEP to refund application fee to certain persons exempt from Highlands Water Protection and Planning Act.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning certain application fees for Highlands Region development, and supplementing P.L.2004, c.120 (C.13:20-1 et al.).

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    The Department of Environmental Protection shall refund the application fee to any person whose activity or development is exempt from the provisions of the “Highlands Water Protection and Planning Act” pursuant to section 30 of P.L.2004, c.120 (C.13:20-28) and who is required to apply for an applicability determination for that activity or development from the department pursuant to rules and regulations adopted by the department pursuant to P.L.2004, c.120 (C.13:20-1 et al.).

 

     2.    This act shall take effect immediately and shall be retroactive to August 10, 2004.

 

 

STATEMENT

 

     This bill would require the Department of Environmental Protection to refund the application fee to any person required by the department’s rules and regulations to apply for an applicability determination under the “Highlands Water Protection and Planning Act,” P.L.2004, c.120 (C.13:20-1 et al.), when the activity or the development is exempt from the provisions of that act.  The department’s rules and regulations, found at N.J.A.C.7:38-1.1 et seq., require certain persons who are exempt from the act’s provisions pursuant to section 30 of P.L.2004, c.120 (C.13:20-28) to pay a fee and apply for a determination of applicability from the department.  The bill, upon enactment into law, would be retroactive to August 10, 2004.