ASSEMBLY POLICY AND REGULATORY OVERSIGHT COMMITTEE

STATEMENT TO

ASSEMBLY CONCURRENT RESOLUTION No. 32

with committee amendments

STATE OF NEW JERSEY

DATED: MAY 20, 1996

      The Assembly Policy and Regulatory Oversight Committee reports favorably Assembly Concurrent Resolution No. 32 with committee amendments.

      This concurrent resolution embodies the finding of the Legislature pursuant to Article V, Section IV, paragraph 6 of State Constitution that the regulations of the Department of Environmental Protection concerning a fee schedule for New Jersey Pollutant Discharge Elimination System (NJPDES) permittees and applicants, codified at N.J.A.C.7:14A-1.8, are not consistent with legislative intent.

      The concurrent resolution finds that the NJPDES permit fee regulations for wastewater facilities are unreasonable because the fees imposed on many permittees are extremely high and because the regulations allow for the imposition of numerous costs that are clearly beyond the permissible purposes allowed by statute.

      The State Constitution provides that after the Legislature's adoption of this concurrent resolution, the Commissioner of Environmental Protection would have 30 days to withdraw or amend the inconsistent regulations that the Legislature may invalidate the regulations in whole or in part, by passage of another resolution.

      This resolution, as amended, is identical to Senate Concurrent Resolution No. 26, also reported by the committee on this date.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.