ASSEMBLY, No. 2184

STATE OF NEW JERSEY

INTRODUCED JUNE 20, 1996

By Assemblymen LeFEVRE and BLEE

An Act concerning the establishment of review schedules for the issuance of permits by State agencies, providing for a refund of permit fees under certain circumstances, and supplementing Title 52 of the Revised Statutes.

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

    1. As used in this act:

     "permit" means any certificate, license, permit, registration or other approval issued by a State agency; and

     "State agency" means any of the principal departments in the Executive Branch of State government and any division, board, bureau, office, commission or other instrumentality within or created by such department and any independent State authority, commission, instrumentality or agency.

    2. a. Within 180 days after the effective date of this act, P.L. , c. (C. ) (now pending before the Legislature as this bill), every State agency shall establish a review schedule for the issuance of any permit authorizing an applicant to engage in an activity regulated by that State agency. The review schedule shall set forth the estimated time required by the State agency to review and take final action on a permit application. The time-frame established for each permit shall correspond to the scope and complexity of the application; the magnitude of potential impacts; the length of time needed for public notice or hearing requirements; the length of time afforded to other government agencies to review and comment on an application prior to final action by the State agency; and such other relevant considerations as may affect the length of time reasonably required for the efficient, effective and equitable processing of, and the taking of a final action on, an application. The State agency may, from time to time, alter particular review schedules in order to effectuate more efficient, effective and equitable review of applications.

    b. In establishing review schedules, a State agency may consider using the following time-frames: over-the-counter or mail service approvals; 45-day review periods; 90-day review periods; 180-day review periods; review periods in excess of 180 days; or such other specific time-frames as the State agency may deem appropriate.

    c. Nothing in this act shall be deemed to authorize any change in a review schedule established by law.

    3. Upon the failure of a State agency to review and take final action on an application for a permit in accordance with the review schedule established pursuant to the provisions of this act, the State agency shall refund the permit fee to the applicant. If a refund is made to the applicant, the State agency shall continue to process the permit in the same order, and on the same time schedule, in which it would have been processed if there had been no refund.

    4. This act shall take effect immediately.

STATEMENT

    This bill provides that every State agency shall establish a review schedule for the issuance of any permit authorizing an applicant to engage in an activity regulated by that State agency. The review schedule shall set forth the estimated time required by the State agency to review and take final action on a permit application. The time-frame established for each permit shall correspond to the scope and complexity of the application; the magnitude of potential impacts; the length of time needed for public notice or hearing requirements; the length of time afforded to other government agencies to review and comment on an application prior to final action by the State agency; and such other relevant considerations as may affect the length of time reasonably required for the efficient, effective and equitable processing of, and the taking of a final action on, an application. The State agency may, from time to time, alter particular review schedules in order to effectuate more efficient, effective and equitable review of applications.

    In establishing review schedules, the State agency may consider using the following time-frames: over-the-counter or mail service approvals; 45-day review periods; 90-day review periods; 180-day review periods; review periods in excess of 180 days; or such other specific time-frames as the State agency may deem appropriate.

    Nothing in this act shall be deemed to authorize any change in a review schedule established by law.

    Upon the failure of a State agency to review and take final action on an application for a permit in accordance with the review schedule adopted pursuant to the provisions of this act, the State agency shall refund the permit fee to the applicant. If a refund is made to the applicant, the State agency shall continue to process the permit in the same order, and on the same time schedule, in which it would have been processed if there had been no refund.

Requires refund of permit fee for State agency failure to issue permit pursuant to review schedule.