Redevelop NJ

DEP Adopts Long-Awaited Waiver Rule

The DEP has now adopted a rule that offers applicants the opportunity to avoid absurd results due to conflicting rules and overly restrictive requirements. Sound projects that are have stymied by current rules now have a path that can lead to approvals. The long-awaited waiver rule can be accessed by clicking here.

The rule allows for DEP to waive its own rules under the following circumstances:

• Formally declared Public Emergencies.
• Conflicting Rules.
• A Net Environmental Benefit would be achieved.
• An Undue Hardship is created by the rule(s).

Extension of Permit Extension Act Survives Last Minute Challenge Moves on for Adoption Tomorrow

Despite last-minute efforts by opponents, Legislation further extending relief to development projects delayed by the ongoing economic downturn was approved by the Senate Budget and Appropriations Committee on March 8, 2012. With a bipartisan group of over two dozen sponsors, A-4422 not only further extends the life of permits and approvals but also clarifies that the relief is available to projects in some areas of the State where coverage under the Permit Extension Act is uncertain.

Action Item: New NJDEP Site Remediation Deadlines Looming

New Jersey's LSRP Program Moving Forward

If you have a site in need of remediation in New Jersey, there are critical deadlines fast approaching. Failure to comply can result in the DEP imposing direct oversight of the cleanup and substantial penalties. Remediation under DEP's Direct Oversight would trigger posting of financial assurance for all remediation, enhanced public participation and DEP selection of remedial action regardless of cost or impact on operations.

"The Jersey Comeback" Previews at State Chamber Dinner in DC

A video produced by the Smart Growth Economic Development Coalition and narrated by Sills Cummis & Gross attorney Ted Zangari had its premier at the NJ State Chamber of Commerce's annual Congressional Dinner in Washington, D.C. on January 26, 2012.

Water Quality Management Plan Legislation Signed by Gov. Christie

The Water Quality Management Plan (WMP) bill has been signed into law today by Governor Christie. The bill, S3156/A4335 (Sarlo/Coutinho): (1) prevents the withdrawal of sewer service areas, (2) allows site specific amendments, and (3) provides a more reasonable standard to build on septics by complying with the technical NJPDES requirements.

To read more about the legislation, click here.

For a copy of the bill, click here.

A Needed Fix for Wastewater Management Planning

As seen on PolitickerNJ

By: Ted Zangari

The members of the Smart Growth Economic Development Coalition would like to correct the misconceptions surrounding Assembly Bill No. 4335/ Senate Bill No. 3156, the Water Quality Management Plan (WQMP) legislation. Despite what critics contend, this legislation is not a threat to the environment. Rather, the bill leaves environmental protections in place while providing a focused remedy to overreaching regulations that have compounded economic problems from the Great Recession ever since their adoption in 2008.  read more

Breaking News: “GrowNJ” Business Incentive Legislation on Governor Christie’s Desk; Wastewater Management Planning and Permit Extension Legislation Clear Hurdles in Committee

 

"We can’t have bureaucrats using junk science armed
with a Sharpie marker and aerial maps playing God," Zangari said.
"When you don’t have predictability and certainty
and transparency, that is a recipe for absolute paralysis."
– Ted Zangari

 

SOURCE: "N.J. clean water rules in jeopardy
as environmentalists and developers battle over
lame-duck bill," Star-Ledger, Sunday, December 18, 2011

 

Grow New Jersey
Legislation creating a powerful new business attraction and retention incentive program (summarized in an earlier e-alert) is awaiting enactment by Governor Christie. Last Thursday, the full Senate approved the measure unanimously and the full Assembly overwhelming approved the legislation (60-2-4).

Click here to view the legislation.

 

Wastewater Management Planning
Legislation providing relief from existing rules regarding Wastewater Management Plans (WMPs) was unanimously approved in an amended form last Thursday by the Assembly Environment and Solid Waste Committee. A slightly different version of the bill was passed unanimously by the Senate Economic Growth Committee earlier last week.

WMPs specify what areas can be served by sewers (sewer service areas or SSAs). Under the current regulations many WMPs are subject to being been voided, effectively precluding any new connections to sewer lines. As a result the viability of developments throughout most of New Jersey is threatened. The proposed legislation would provide additional time for WMPs to be updated and extended.

Other key provisions of the bill include:

• An extension of the validity of all WMPs (and SSAs) for a period of two years.
• Allowing DEP to approve portions of revised WMPs as they are completed rather than delay DEP review until the entire revised WMP has been completed.
• Authorization for DEP to approve SSAs based on planned expansions of capacity rather than "assured" capacity..
• Permitting greater ability to use of septics where an area is not serviced by sewers.
• Authorization to DEP to approve "site specific" amendments to WMPs for certain new projects.

The Assembly committee removed a provision that would have permitted approval of site specific amendments that did not fully comply with DEP’s rules if a "net environmental benefit" was shown

A copy of the bill as introduced is accessible by clicking here.

 

Permit Extension
Legislation extending the Permit Extension Act of 2008 a second time, to 2014, was unanimously approved by the Assembly Housing and Local Government Committee on December 8th. On the same day, an identical companion bill (S3165) was introduced in State Senate. We are optimistic that we will have a bill on Governor Christie's desk in early January.

Click here to view the legislation.

 

 

Please feel free to return to this blog for updates as these legislative initiatives proceed through State House in the coming weeks.

Breaking News: Extension of Permit Extension Act Moves Towards Adoption

Legislation further extending relief to development projects delayed by the ongoing economic downturn was approved by the Assembly Housing and Local Government Committee by a 6-0 vote on December 8, 2011. With a bipartisan group of over two dozen sponsors, A-4422 not only further extends the life of permits and approvals but also clarifies that the relief is available to projects in some areas of the State where coverage under the Permit Extension Act is uncertain.

Governor Chris Christie Strengthens Efforts to Create Jersey Jobs with Announcement of State Strategic Job Growth Plan

Trenton, NJ – Acting on a commitment to grow New Jersey’s economy, create Jersey Jobs and organize government to meet the state’s long term economic development goals in a common sense and sustainable manner, Governor Christie today announced the State Strategic Job Growth Plan as an ambitious, flexible guide to New Jersey’s economic development future.

QUOTE OF THE DAY

“We know New Jersey has a lot of empty office space. We were thinking about building a new building, but is this really responsible? No, I think it’s a much better way to renovate and rejuvenate the old building in such nice surroundings.” -- Novo Nordisk U.S. President Jerzy Gruhn at the groundbreaking ceremony for the company's new U.S. headquarters on the site of former Merrill Lynch building on Scudders Mill Road in Plainsboro.

For complete coverage of this event, go to NJBIZ.