S2499

An Act concerning permits issued by State agencies, and amending P.L.2011, c.34.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2011, c.34 (C.52:14B-27) is amended to read as follows:

2. a. Consistent with the requirements of applicable statutes, [every] the head of each State agency shall periodically conduct a comprehensive written review [those] of all permits issued by the State agency [issues] , in order to identify [permits that]:

[a. Can] (1) those permits that can be administered through an expedited process [, such as developing procedures for the electronic submission of permit applications] ; [or

b. May be] (2) those permits that are obsolete, [are] no longer necessary, or cost more to administer than the benefits they provide, and thus should be eliminated so long as the public health, safety, or general welfare is not endangered ;

(3) those permits that can have their period of validity extended one or more years beyond the scheduled termination date without significant disruption to the efficiency or work of the State agency; and

(4) those permitting procedures that can be better facilitated through the increased incorporation of computer-based technology, such as the Internet, or that can be completed online.

b. The head of each State agency shall include, as part of the comprehensive written review required by subsection a. of this section:

(1) a description of the recent actions that have been taken by the State agency to:

(a) eliminate obsolete permits;

(b) extend the period of validity associated with non-obsolete permits;

(d) facilitate the enhanced use of computer-based and Internet technology in such procedures; and

(e) increase the number of permitting procedures that can be completed online;

(2) recommendations and explanations as to which of the State agency’s remaining permits should be eliminated on the basis of their obsolescence, and which of the State agency’s remaining permits should have their period of validity extended beyond their scheduled termination date;

(3) recommendations and explanations as to which of the State agency’s remaining permitting procedures should be revised or simplified in order to further expedite the issuance of permits by the State agency and increase the use of computer-based technology, such as the Internet, in the State agency’s permitting procedures;

(4) an assessment identifying the probable impact that each of the changes recommended pursuant to paragraphs (2) and (3) of this subsection would have on the State agency, and on businesses, commercial enterprises, and the general public, including impacts on public health, safety, and the general welfare; and

(5) the identification of those rules, regulations, and statutes administered by the State agency that would need to be revised or eliminated in order to effectuate the changes recommended pursuant to paragraphs (2) and (3) of this subsection .

[Each] c. Upon completion of the comprehensive written review pursuant to subsection a. of this section, the head of each State agency shall [provide notice] submit the review to the Secretary of State or other State officer or employee designated by the Governor pursuant to section 3 of P.L.2011, c.34 (C.52:14B-28) [of its identification of permits that can be administered through an expedited process or may be obsolete, and its actions taken or recommended to be taken to expedite permitting and its actions taken or recommended to be taken to eliminate obsolete permits] .

(cf: P.L.2011, c.34, s.2)

2. Section 5 of P.L.2011, c.34 (C.52:14B-30) is amended to read as follows:

5. a. [The] On or before March 1 of each year, the Secretary of State , or other State officer or employee designated by the Governor pursuant to section 3 of P.L.2011, c.34 (C.52:14B-28) , shall submit a report [annually on or before March 1] to the Governor and [to the Legislature] , pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), [concerning] to the Legislature, summarizing the information contained in the comprehensive written reviews that have been submitted by the various State agencies pursuant to section 2 of P.L.2011, c.34 (C.52:14B-27). In particular, each annual report shall include :

(1) [Permits identified pursuant to section 2 of P.L.2011, c.34 (C.52:14B-27) as either being able to be administered through an expedited process or obsolete, and] a summary of the actions that have been taken [or recommended to be taken to implement expedited processes or] by each State agency during the preceding year to:

(a) eliminate obsolete permits ;

(b) extend the period of validity associated with non-obsolete permits;

(d) facilitate the enhanced use of computer-based and Internet technology in such procedures; and

(e) increase the number of permitting procedures that can be completed online ;

(2) [The] a description of the remaining permits that each State agency has identified as being obsolete and conducive to elimination;

(3) a description of the remaining permits that each State agency has indicated could have their period of validity extended beyond the scheduled termination date;

(4) a description of the remaining permitting procedures that each State agency has identified as being conducive to revision, simplification, or the greater incorporation of computer-based technology, such as the Internet;

(5) the identification, by name, of the counties and municipalities that are participating in cooperative and contemporaneous handling of business permits and approvals pursuant to section 3 of P.L.2011, c.34 (C.52:14B-28);

[(3) The] (6) the identification, by name and project, of the specific employees that have been assigned as designated contact persons to specific projects [, by project,] pursuant to section 4 of P.L.2011, c.34 (C.52:14B-29), as well as a summary of actions that have been taken on behalf of each project, and [outcomes] a description of the outcome of each project that was completed during the preceding year; and

[(4) Other] (7) any information pertaining to other matters as the Secretary of State or the Governor's designee may find material.

b. The annual report required by subsection a. of this section shall be posted on the Department of State web site.

c. After due consideration of the annual report submitted in accordance with subsection a. of this section, the Governor shall:

(1) direct the head of each State agency to make such changes to the State agency’s permitting systems as may be appropriate, pursuant to current rules, regulations, and statutes, in order to effectuate those parts of the report the Governor deems necessary;

(2) issue such Executive Orders as the Governor believes appropriate in order to effectuate those parts of the report the Governor deems necessary; and

(3) seek from the Legislature changes in the statutory law, including the amendment, repeal, or supplementation of various statutes as the Governor believes appropriate, in order to effectuate those parts of the report the Governor deems necessary.

d. The head of each State agency shall adopt such rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), and perform such duties, as the head of the State agency may deem necessary, in order to effectuate the changes that are sought by the Governor pursuant to subsection c. of this section.

(cf: P.L.2011, c.34, s.5)

3. This act shall take effect immediately.

STATEMENT

This bill would expand and strengthen the provisions of P.L.2011, c.34 (C.52:14B-26 et seq.), which currently requires each State agency to undertake a periodic review of permits issued by these agencies, in order to identify permits that are obsolete or that could be administered through an expedited procedure.

The bill would require the head of each State agency, in conducting a periodic comprehensive written review of the permits issued by that agency, to identify:

(1) those permits that can be administered through an expedited process;

(2) those permits that are obsolete, are no longer necessary, or cost more to administer than the benefits they provide, and thus should be eliminated so long as the public health, safety, or general welfare is not endangered;

(4) those permitting procedures that can be better facilitated through the increased incorporation of computer-based technology, such as the Internet, or that can be completed online.

The bill would further specify that the head of each State agency must include, as part of each comprehensive written review:

(1) a description of the recent actions that have been taken by the State agency to: (a) eliminate obsolete permits; (b) extend the period of validity associated with non-obsolete permits; (c) expedite the State agency’s permitting procedures; (d) facilitate the enhanced use of computer-based and Internet technology in such procedures; and (e) increase the number of permitting procedures that can be completed online;

(2) recommendations and explanations as to which of the State agency’s remaining permits should be eliminated on the basis of their obsolescence, and which should have their period of validity extended beyond their scheduled termination date;

(3) recommendations and explanations as to which of the State agency’s remaining permitting procedures should be revised or eliminated in order to further expedite the issuance of permits by the State agency and increase the use of computer-based technology, such as the Internet, in the State agency’s permitting procedures;

(4) an assessment identifying the probable impact that each of the recommended changes would have on the State agency, and on businesses, commercial enterprises, and the general public; and

(5) the identification of those rules, regulations, and statutes administered by the State agency that would need to be revised or eliminated in order to effectuate the recommended changes.

The bill would require the Secretary of State, or other State officer or employee designated by the Governor, to post on its Internet website and submit to the Governor and the Legislature, by March 1 of each year, a report that summarizes the information contained in the various State agency comprehensive written reviews. The bill would also require the Governor, after due consideration of the annual report, to: (1) direct the head of each State agency to make such changes to the State agency’s permitting systems as may be appropriate, pursuant to current rules, regulations and statutes, in order to effectuate those parts of the report the Governor deems necessary; (2) issue such Executive Orders as the Governor believes appropriate in order to effectuate those parts of the report the Governor deems necessary; and (3) seek from the Legislature changes in the statutory law, including the amendment, repeal, or supplementation of various statutes as the Governor believes appropriate, in order to effectuate those parts of the report the Governor deems necessary. Lastly, the head of each State agency would be authorized to adopt rules and regulations as necessary to effectuate the changes sought by the Governor.