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June 1st is shaping up to be a very busy day in the legislature with both houses meeting that day for committees. NJBIA will be on the ground working on the Public Access legislation to attempt amendments for critical infrastructure. We encourage you to call members of the Senate Budget and Appropriations Committee to voice your concern and ask for the bill to be amended.

NJBIA is seeking the following amendment to S-2490

  1. (New section) a. The Department of Environmental Protection shall not adopt any rule or regulation pursuant to the “Coastal Area Facility Review Act,” P.L. 1973, c. 185 (C. 13:19-1 et seq.), R.S. 12:5-3, “The Wetlands Act of 1970,” P.L. 1970, c.272 (C.13:9A-1 et seq.), the “Flood Hazard Area Control Act,” P.L.1962, c.19 (C.58:16A-50 et seq.), the “Hackensack Meadowlands Reclamation and Development Act,” P.L. 1968, c.404 (C13:17-1 et seq.), or the State’s implementation of the “Coastal Zone Management Act of 1972,” 16 U.S.C. s. 1451 et seq., or any other law, that mandates on-site public access to tidal waters or adjacent shorelines as a condition of any approval, permit, administrative order, or consent decree at (i) any existing structure or facility which is required to comply with any federal or State plan or law restricting public access including, but not limited to, (A) the requirements of the Department of Homeland Security pursuant to the Maritime Transportation Security Act of 2002, 46 U.S.C. § 7010, and 33 CFR Parts 101 through 105 “Maritime Security: Facilities, (B) the United States Department of Transportation Pipeline and Hazardous Materials Safety Administration Hazardous Materials Regulations at 49 CFR 172.800 et seq., (C) U.S. Department of Homeland Security Chemical Facilities Anti-Terrorism Standards (CFATS); (D) section 112(r) of the Federal Clean Air Act, 42 U.S.C. 7412(r), and the regulations promulgated thereunder at 40 CFR Part 68, or (E) the New Jersey Toxic Catastrophe Prevention Act, N.J.S.A. 13:1K-19 et seq., (F) The New Jersey Discharge Prevention Program; (G) Facilities designated critical infrastructure under the New Jersey Domestic Security Preparedness Act; (ii) any airport, railroad yard or nuclear power plant, or (iii) any other structure or facility that requires exclusion of the public for security reasons as designated by the New Jersey Office of Homeland Security and Preparedness.

These are other environmental bills that may be of interest that are being considered on Thursday. As always please feel free to send any comments to Sara Bluhm

Senate Environment and Energy Committee, 10:00a, 3rd Floor, Committee Room 10, Annex.

The Committee will also hold a public hearing following the committee meeting. The public hearing will be held in accordance with Rule 24:3 of the New Jersey Senate on the following Senate Concurrent Resolution: SCR-151

S2306 – Concerns regulation of solid waste, hazardous waste, and recycling industries.

S3240 – Authorizes NJ Environmental Infrastructure Trust to expend certain sums to make loans for environmental infrastructure projects for FY2018.

S3241 – Appropriates funds to DEP for environmental infrastructure projects for FY2018.

S3242 – Clarifies procedures for approval of environmental and transportation infrastructure projects.

SCR151 – Amends Constitution to dedicate revenues from societal benefits charge for various energy-related uses established by law. (2016:ACR235)

SCR153 – Approves FY 2018 Financial Plan of NJ Environmental Infrastructure Trust.

Senate Budget and Appropriations Committee, 11:00a, 1st Floor, Committee Room 4, Annex.

S2490 – Provides for protection of public’s rights under public trust doctrine. (2016:A4092)

S3029 – Establishes “Volkswagen Settlement Utilization Fund for Motor Vehicle Emissions Reduction and Air Pollution Control”; directs DEP to use moneys in fund to establish and implement certain air pollution control programs.

Assembly Appropriations Committee, 1:00p, 4th Floor, Committee Room 11, Annex.

A4569/ S2834 – The “Water Quality Accountability Act”; imposes certain testing, reporting, management, and infrastructure investment requirements on water purveyors. (2016:S2834)

A4880 – Amends law to limit DEP’s direct oversight of remediation of portion of contaminated site under certain circumstances.

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