Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Hunterdon and Mercer)
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
SYNOPSIS
Excludes permit applications for construction of certain pipelines and related infrastructure from eligibility for automatic approval if DEP fails to take action on application within 90 days.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain construction permits issued by the Department of Environmental Protection and amending P.L.1975, c.232.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1975, c.232 (C.13:1D-29) is amended to read as follows:
1. For the purposes of this act, unless the context clearly requires a different meaning, the following terms shall have the following meanings:
a. "Commissioner" means the State Commissioner of Environmental Protection.
b. "Construction permit" means and shall include:
(1) Approval of plans for the development of any waterfront upon any tidal waterway pursuant to R.S. 12:5-3.
(2) A permit for a regulated activity pursuant to "The Wetlands Act of 1970," P.L.1970, c. 272 (C. 13:9A-1 et seq.).
(3) A permit issued pursuant to the "Coastal Area Facility Review Act," P.L.1973, c. 185 (C. 13:19-1 et seq.)
(4) Approval of a structure or alteration within the area which would be inundated by the 100 year design flood of any nondelineated stream or of a change in land use within any delineated floodway or any State administered and delineated flood fringe area, all pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.) as amended and supplemented.
(5) Approval of plans and specifications for the construction changes, improvements, extensions or alterations to any sewer system pursuant to R.S. 58:11-10.
"Construction permit" shall not, however, include any approval of or permit for :
(1) an electric generating facility [or for] ;
(2) a petroleum processing or storage facility, including a liquefied natural gas facility, with a storage capacity of over 50,000 barrels ; or
(3) a pipeline or other line for the transportation or transmission of natural gas or petroleum products, or any infrastructure related thereto.
c. "Department" means the Department of Environmental Protection.
(cf: P.L.1979, c.359, s.8)
2. This act shall take
effect immediately.
STATEMENT
This bill would amend P.L.1975, c.232 (C.13:1D-29 et seq.), commonly referred to as the “90-Day Law,” to exclude permit applications for the construction of natural gas or petroleum product pipelines, and related infrastructure, from eligibility for automatic approval if the Department of Environmental Protection (DEP) fails to take action on an application within 90 days. Related infrastructure includes, but need not be limited to, compressor stations and transmission corridor projects.
The “90-Day Law” governs permits generally referred to as waterfront development permits, coastal wetlands permits, Coastal Area Facility Review Act or “CAFRA” permits, stream encroachment or flood hazard area permits, and treatment works approvals, and sets forth timeframes to be followed by the DEP when processing applications for these permits.
Currently, the law provides that the DEP must approve, conditionally approve, or disapprove an application for a construction permit within 90 days following the date that the application is deemed complete. If the DEP fails to take action on an completed application within 90 days, it will be deemed to have been approved.