SENATE LEGISLATIVE OVERSIGHT COMMITTEE

STATEMENT TO

SENATE CONCURRENT RESOLUTION No. 101

STATE OF NEW JERSEY

DATED: OCTOBER 28, 1996

      The Senate Legislative Oversight Committee reports favorably Senate Concurrent Resolution Bill No. 101.

        This concurrent resolution embodies the finding of the Legislature that the amendment to N.J.A.C.7:1E-4.10(d), proposed at 27 N.J.R.2337 and adopted at 28 N.J.R.2858, by the Department of Environmental Protection requiring that maps submitted as part of a DPCC plan pursuant to the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58: 10-23.11 et seq.), be submitted in both paper and digital form, is inconsistent with legislative intent.

      In Senate Concurrent Resolution No. 15 of 1996, which was passed by the Legislature and filed by the Secretary of State on May 31, 1996, the Legislature determined that this regulation, in its proposed form, was inconsistent with legislative intent. Under the Constitution the Department of Environmental Protection is given 30 days following the passage of such a resoultion to withdraw or amend the regulation. The Department has not withdrawn the regulation, or amended it to adequately address the inconsistency with legislative intent. The Legislature by passage of this resoltuion is exercising its constitutional authority to invalidate the regulation in part. Upon passage of this Concurrent Resolution, the amendment to N.J.A.C.7:1E-4.10(d) adopted at 28 N.J.R.2858 will be invalidated and N.J.A.C.7:1E-4.10 (d) will read exactly as it had before the amendment.