SENATE LEGISLATIVE OVERSIGHT COMMITTEE

STATEMENT TO

SENATE CONCURRENT RESOLUTION No. 102

STATE OF NEW JERSEY

DATED: OCTOBER 28, 1996

      The Senate Legislative Oversight Committee reports Senate Concurrent Resolution Bill No. 102 without recommendation.

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

      Previously the Legislature enacted Senate Concurrent Resolution No. 26 of 1996 which initially made this finding and gave the Commissioner of Environmental Protection 30 days in which to amend or withdraw the regulation or the Legislature would be empowered to pass a second Concurrent Resolution to invalidate the regulations in whole or in part. Because the regulations were not amended or withdrawn to address the inconsistency with legislative intent, this second Concurrent Resolution is necessary to invalidate the adopted regulations. Upon passage of this Concurrent Resolution, the regulations adopted at N.J.A.C.7:14A-1.8 will be invalidated in whole.