Redevelop NJ

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.

Breaking News: Details of Proposed "Grow NJ" Business Incentive Take Shape

Legislation creating the proposed "Grow New Jersey" business incentive program unanimously passed the Senate Economic Growth Committee (with amendments) on Monday and the Senate Budget Committee (with amendments) earlier today.  A copy of the bill, as amended, is now available online at: http://www.njleg.state.nj.us/2010/Bills/S3500/3033_R1.HTM

Here is a summary of the proposed program:

* The "business facility" can be located anywhere in Planning Areas 1 and 2, areas of the Meadowlands, Highlands and Pinelands that are "targeted for development," closed military bases, and vacant commercial buildings over 400,000sf located anywhere in the State.

* Dollar Value of Grow NJ Incentive Program: Up to $50,000 per new or retained full-time job, with a possible bonus award of up to $30,000 per job, for a total stipend of up to $80,000 per job.

Details: The financial incentive, in the form of a transferrable tax credit, is $5,000 per full-time employee (new or existing) per year for up to 10 years; the business must commit to keeping that number of jobs in NJ for a period equal to 1.5 times the number of years it elects to receive the stipend. In other words, a business may obtain a maximum pay-out of $50,000 per employee by committing to maintain those job levels in NJ for at least 15 years (10x1.5). The stipend can be boosted to $8,000 per full-time employee (new or existing) per year for up to 10 years if the EDA grants a "bonus award." A bonus award will be given to the business if the business is in an industry identified by the EDA as "desirable" for the State to maintain, or if the business is relocating to a location adjacent to or within walking distance of or shuttle service to a public transit facility, or if the business creates jobs whose salaries are greater than the "average full-time salary" in NJ.

New Business Incentive Program Proposed to "Grow New Jersey"

State Sens. Raymond Lesniak (D) and Joseph Kyrillos (R) have introduced legislation that will create a brand new incentive to both retain and attract jobs in smart growth areas of New Jersey. The incentive will be known as the "Grow New Jersey Assistance Program." The bill, S-3033, will be considered by the Senate Economic Growth Committee, which Sen. Lesniak chairs, at 11am on Monday, September 19 in Committee Room 1 of the State House. To view a copy of the proposed legislation, click here.

From its inception, the Smart Growth Economic Development Coalition, led by Sills Cummis & Gross attorney Ted Zangari, has urged the creation of a new incentive program to attract and retain businesses because:

• The Urban Transit Hub Tax Credit Act and its various amendments over the last few years is spurring the construction of several $50 Million+ corporate headquarters projects around the State -- but the program is limited to nine cities.
• The Business Employment Incentive Program (BEIP), aimed at attracting new jobs, is competitive with incentives offered by other states -- but the $50,000 per employee cap on the incentive program often hobbles our State's ability to attract the C-Suite jobs.**
• The Business Retention and Relocation Assistance Grant (BRRAG) program, aimed at retaining existing jobs, is more competitive now that the Christie Administration and Legislature have increased the per employee stipend six-fold -- but at a maximum stipend of $13,500 per retained job, the program is often woefully inadequate to keep jobs from migrating to competing states offering BEIP-type incentives.**


**See pages 14 - 16 of Coalition white paper to Christie Administration & Legislature, please click here.

Acting Governor Kim Guadagno Signs Legislation Suspending 2.5% Development Fee

(With Lt. Gov. Guadagno at today's bill signing ceremony are, from left, Ted Zangari, Sills Cummis & Gross P.C.; Bob Lieb, Mountain Development; George Sowa, Brandywine Realty Trust and 2011 NAIOP NJ President; and Anthony Pizzutillo, Smith Pizzutillo LLC)

 

Acting Governor Kim Guadagno earlier today signed into law a bill that revives and extends a moratorium on the imposition of fees on non-residential construction projects until July 1, 2013. The statewide 2.5% non-residential development fees had been charged to office, commercial and industrial real estate developers to help municipalities meet affordable housing obligations. An earlier moratorium on the non-residential fee requirement expired on July 1, 2010, and the commercial development community has been living with an uncertain financial obligation on their construction pro formas ever since.

Under the moratorium, a commercial project which has or receives preliminary or final site plan approval prior to July 1, 2013 will be exempt from the 2.5% fee provided building permits are obtained for the project by December 31, 2015. The moratorium is effective retroactively to the end of the last moratorium (July 1, 2010), thereby allowing for the reimbursement of any fees that may have been paid by a developer to a municipality in the interim (unless the fees have already been spent by the municipality on an affordable housing project).

 

Legislation to Revise Urban Transit Hub Tax Credit Program Advances in Trenton

Legislation was introduced this week to make significant changes to the Urban Transit Hub Tax Credit program. Most notably, the legislation (S-2957 and A-4161): (i) permits businesses to carry-forward unused tax credits as an alternative to selling same to third parties at a discount, (ii) clarifies the application of this program to mixed-use projects containing both commercial and residential space, and (ii) increases the award for residential projects (or residential portions of mixed-use projects) from 20% to 35% of capital investment. These bills are headed to the full Senate and Assembly tomorrow.