P.L. 2016, c.096 (A794 1R)

An Act concerning aquaculture permitting, and supplementing P.L.1997, c.236 (C.4:27-1 et seq.).

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

1. a. The Secretary of Agriculture, in consultation with the Commissioner of Environmental Protection, shall develop and implement an aquaculture permitting review program to provide for the coordinated review of any aquaculture project. The permitting review program shall provide for a ¹[joint] coordinated¹ permit application for any permit, approval, or authorization required for an aquaculture project. The ¹permitting review¹ program shall consolidate the review process for the ¹[joint] coordinated¹ permit application.

b. The ¹[joint] coordinated¹ permit application shall include any permit, approval, or other authorization required for an aquaculture project, including, but not limited to, as applicable, a permit, license, approval, or authorization required pursuant to section 17 of P.L.1997, c.236 (C.4:27-17), R.S.12:3-1 et seq., R.S.12:5-1 et seq., the "Pesticide Control Act of 1971," P.L.1971, c.176 (C.13:1F-1 et seq.), "The Wetlands Act of 1970," P.L.1970, c.272 (C.13:9A-1 et seq.), the "Freshwater Wetlands Protection Act," P.L.1987, c.156 (C.13:9B-1 et seq.), the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.), the "Water Supply Management Act," P.L.1981, c.262 (C.58:1A-1 et seq.), the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.), "The Realty Improvement Sewerage and Facilities Act (1954)," P.L.1954, c.199 (C.58:11-23 et seq.), the "Water Quality Planning Act," P.L.1977, c.75 (C.58:11A-1 et seq.), the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.), or the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), and any rules or regulations adopted pursuant thereto.

c. ¹[Within 180 days after the date of enactment of this act, the Department of Agriculture and the Department of Environmental Protection shall adopt rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement this section] Nothing in this act shall authorize any change in environmental or regulatory policy, standards, or requirements of any law subject to the aquaculture permitting review program, nor shall the permitting review program reduce or diminish any opportunities for public review and comment or public hearings currently required by those laws, any rules or regulations adopted pursuant thereto, or any programs established pursuant thereto¹.

¹2. The Department of Agriculture and the Department of Environmental Protection shall adopt, within 180 days after the date of enactment of this act, rules and regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to develop and implement the aquaculture permitting review program in accordance with section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).¹

¹[2] 3¹. This act shall take effect 180 days after the date of enactment ¹; provided, however, that the departments shall take such preliminary action after the date of enactment necessary to adopt the rules and regulations required pursuant to section 2 of this act¹.

Requires Dept. of Agriculture and DEP to adopt coordinated permit application and review program for aquaculture projects.