SENATE, No. 314
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Senator SCOTT
An Act concerning the issuance of environmental permits for major new projects and supplementing Title 52 of the Revised Statues.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "New Jersey Business and Economic Development Act."
2. As used in this act:
"Environmental permit" means any permit, license, certificate, or written approval, or any renewal thereof, issued by the Department of Environmental Protection, or any division, bureau, agency, office, or other administrative unit thereof, pursuant to: R.S.12:5-1 et seq.; P.L.1975, c.232 (C.13:1D-29 et seq.); the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.); section 17 of P.L.1975, c.326 (C.13:1E-26); the "Comprehensive Regulated Medical Waste Management Act," P.L.1989, c.34 (C.13:1E-48.1 et al.); P.L.1989, c.151 (C.13:1E-99.21a et al.); the "New Jersey Statewide Mandatory Source Separation and Recycling Act," P.L.1987, c.102 (C.13:1E-99.11 et al.); the "Pesticide Control Act of 1971," P.L.1971, c.176 (C.13:1F-1 et seq.); the "Environmental Cleanup Responsibility Act," P.L.1983, c.330 (C.13:1K-6 et seq.); the "Toxic Catastrophe Prevention Act," P.L.1985, c.403 (C.13:1K-19 et seq.); "The Wetlands Act of 1970," P.L.1970, c.272 (C.13:9A-1 et seq.); the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.); the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.); the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-1 et seq.); section 13 of P.L.1967, c.106 (C.26:2C-9.2); the "Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.); section 10 of P.L.1947, c.377 (C.58:4A-14); the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.); P.L.1986, c.102 (C.58:10A-21 et seq.); the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.); the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.); or the federal "Resource Conservation and Recovery Act of 1976," as amended and supplemented, 42 U.S.C. §6901 et seq.;
"Major new project" means a project that involves the investment of at least $10,000,000.00 and that would create or maintain at least 25 manufacturing jobs in the State;
"Project" means the construction of a new facility or building, or the renovation, expansion, enlargement, or alteration of an existing or abandoned facility or building.
3. a. There is created in the Department of Commerce, Energy and Economic Development an Office of New Project Permitting. The office shall be under the immediate supervision of a chief, who shall be a person qualified by training, experience, or both, to direct the work of the office. The chief shall administer the work of the office under the direction and supervision of the commissioner and shall perform such other functions as the commissioner may prescribe. The office shall be within the Division of Economic Development in the department.
b. The chief may employ such professional, technical, research and clerical staff as may be necessary within the limits of available appropriations. The chief may also employ consultants from time to time as may be necessary for particular projects.
4. It shall be the function of the Office of New Project Permitting to issue environmental permits for major new projects. An applicant for a permit from the office shall submit an application on a form prescribed by the office. The office shall approve or disapprove the application for the permit within six months of its initial submittal to the office.
In reviewing and issuing permits, the office shall implement the statutory requirements of the law authorizing the issuance of the environmental permit, but the office is not obligated to adhere to any procedural or unnecessary substantive requirements in the law or its implementing regulations that would necessarily result in the office being unable to issue the permit within the six month timeframe as provided in this section.
The office may impose fees for its issuance of environmental permits as is necessary and that do not exceed the fees that are authorized for each particular environmental permit.
5. The Office of New Project Permitting shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and rules and regulations necessary to effectuate the purposes of this act.
6. This act shall take effect immediately.
STATEMENT
This bill would create the Office of New Project Permitting within the State Department of Commerce, Energy and Economic Development. The office would be empowered to issue environmental permits to any person proposing to invest at least $10 million in a project in the State which project will result in the creation or maintenance of at least 25 manufacturing jobs. The office would be required to act on the permit within six months of its initial submission.
Creates the Office of New Project Permitting in the Department of Commerce, Energy and Economic Development to issue environmental permits for certain projects.