Fast-tracked, beach-access-rule bill sent to Gov. Christie

Governor Christie is expected to sign a bill sent to his desk last night that re-establishes the New Jersey Department of Environmental Protection (DEP) rules governing beach and waterfront access. 

S-3321,, which traveled through both houses of the New Jersey Legislature in just four days, would restore rules struck down by a state appeals court.

The court ruled that the DEP had stretched beyond the authority granted by that the Legislature when it adopted its latest regulations on waterfront access and development projects relying on that access. 

For more on the legislation, see: Trenton rushing to restore DEP waterfront access rules 

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Solar roof warranty bill sent to NJ Gov. Christie’s desk

The NJ Assembly last tonight, on a 42-31 vote, gave final approval to S-564 (Smith/Bateman) that establishes a Solar Roof Installation Warranty Program in the state Economic Development Authority. 

The legislation transfers $2 million from societal benefits charge to initially fund program.


We profiled the bill last March in: New Jersey legislation seeks to plug holes in solar roofs


It now  goes to Gov. Chris Christie who has until Jan. 19 to sign or reject it.
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Last chance for these NJ environment and energy bills


Today is the final voting session of the New Jersey Legislature’s 216th session. Both the Senate and Assembly face a long list of bills. If approved, the bills will move to the governor’s desk. Those that don’t make the cut will expire as a new legislative term begins tomorrow, January 12.

Below are the environment and energy bills posted for a final showdown in one or both houses today. [Click here for energy and environment bills sent to the Governor on 1/7] 

SENATE VOTING SESSION
12:00 Noon
A-943  Singleton, T. (D-7); Conaway, H. (D-7);
Moriarty, P.D. (D-4); Green, J. (D-22)
Permits small businesses to qualify for loans from
NJEDA for costs of energy audit and making energy efficiency or conservation
improvements.
Related Bill: S-2967
      
A-1726  Eustace, T. (D-38); Lagana, J.A. (D-38);
Mosquera, G.M. (D-4) ;
Amends “Flood Hazard Area Control Act” to
require DEP to take certain actions concerning delineations of flood hazard
areas and floodplains.
Related Bill: S-308
      
A-1958  Riley, C.M. (D-3); Chivukula, U.J. (D-17);
Wilson, G.L. (D-5)
Concerns exemptions from permits for certain
agricultural activities under “Freshwater Wetlands Protection Act”. Related Bill: S-1848
   
A-2586  DeAngelo, W.P. (D-14); Quijano, A. (D-20);
Benson, D.R. (D-14)
Establishes “Energy Infrastructure Study
Commission.”
Related Bill: S-1796
     Also Posted today in the Assembly
S-1796  Greenstein, L.R. (D-14)
Establishes “Energy Infrastructure Study
Commission.”
Related Bill: A-2586
      
S-1848  Allen, D.B. (R-7); Van Drew, J. (D-1)
Concerns exemptions from permits for certain
agricultural activities under “Freshwater Wetlands Protection Act”.
Related Bill: A-1958
     
S-2620  Oroho, S.V. (R-24); Turner, S.K. (D-15)
 “New Jersey
Rural Microenterprise Act.”
Related Bill: A-2839
      
S-2820  Van Drew, J. (D-1); Oroho, S.V. (R-24)
Requires drivers to slow down before passing slow
moving vehicles; establishes Statewide educational campaign on rural roadway
safety; updates agriculture-related motor vehicle laws to reflect current
industry practices.
Related Bill: A-3927
     
S-2967  Van Drew, J. (D-1)
Permits small businesses to qualify for loans from
NJEDA for costs of energy audit and making energy efficiency or conservation
improvements.
Related Bill: A-943
     
S-3321  Smith, B. (D-17); Van Drew, J. (D-1);
Bateman, C. (R-16)
Authorizes DEP to require public access to waterfront
and adjacent shoreline as condition of waterfront development approvals and
CAFRA permits.
Related Bill: A-4927
     
_______________________________________________________________________ 
ASSEMBLY VOTING SESSION
01/11/16  1:00 PM
A-1603  Spencer, L.G. (D-29); Eustace, T. (D-38);
Quijano, A. (D-20) 
Requires paint producers to implement or participate in
paint stewardship program.
Related Bill: S-1420
      
A-1728  Eustace, T. (D-38); Benson, D.R. (D-14);
Muoio, E.M. (D-15)
Directs installation of electric vehicle charging
stations at service areas on State’s toll roads.
Related Bill: S-1794
      
A-1779  McKeon, J.F. (D-27); Spencer, L.G. (D-29);
Giblin, T.P. (D-34) 
Clarifies that certain types of sewage and sewage
sludge do not constitute hazardous substances under “Spill Compensation
and Control Act.”
     
A-2586  DeAngelo, W.P. (D-14); Quijano, A. (D-20);
Benson, D.R. (D-14)
Establishes “Energy Infrastructure Study
Commission.”
Related Bill: S-17
     Also posted today in the Senate
      
A-2839  Burzichelli, J.J. (D-3); Space, P. (R-24);
Phoebus, G. (R-24)
Authorizes State Agriculture Development Committee to
permit operation of certain micro- enterprises on certain preserved farms;
designated as “New Jersey Rural Microenterprise Act.”  Related Bill: S-2620
      
A-3352  Eustace, T. (D-38)
Establishes “Milkweed for Monarchs” program.
     
A-3353  Eustace, T. (D-38)
Establishes “Adopt a Monarch Butterfly
Waystation” program.
      
A-3850  DeAngelo, W.P. (D-14); Eustace, T. (D-38);
Mazzeo, V. (D-2)
Requires BPU to establish procedures allowing electric
power and gas supplier customers to switch energy suppliers.  Related Bill: S-2467
     
A-3944  Garcia, C.G. (D-33); McKeon, J.F. (D-27);
Auth, R. (R-39); Eustace, T. (D-38) 
Allows cultivation of commercial shellfish species in
certain coastal and inner harbor waters for research and educational purposes. Related Bill: S-2617
      
A-4093  Eustace, T. (D-38); Mukherji, R. (D-33);
Jasey, M.M. (D-27) 
Prohibits certain possession, sale, offering for sale,
trade or distribution of shark fins.
Related Bill: S-2057
     
A-4186  Eustace, T. (D-38); McKeon, J.F. (D-27);
Spencer, L.G. (D-29) 
Establishes “Solar Roof Installation Warranty
Program” in EDA and transfers $2 million from societal benefits charge to
initially fund program. Related Bill: S-564
      
A-4197  Andrzejczak, B. (D-1); Spencer, L.G. (D-29);
McKeon, J.F. (D-27) 
Implements 2014 constitutional dedication of CBT
revenues for certain environmental purposes; revises State’s open space,
farmland, and historic preservation programs. Related Bill: S-2769
     
A-4690  Pintor Marin, E. (D-29); Spencer, L.G.
(D-29); Sumter, S.E. (D-35)
Delays certain documentation submission deadlines under
certain business tax credit programs. Related Bill: S-3182
      
A-4704  Diegnan, P.J. (D-18)
Provides up to $25 million in tax credits under
Economic Redevelopment and Growth Grant Program for certain infrastructure at
Rutgers, the State University of New Jersey.
Related Bill: S-2880
      
A-4927  Spencer, L.G. (D-29); Rumana, S.T. (R-40)
Authorizes DEP to require public access to waterfront
and adjacent shoreline as condition of waterfront development approvals and
CAFRA permits.
Related Bill: S-3321
      
ACR-1  Prieto, V. (D-32); Wisniewski, J.S. (D-19);
Singleton, T. (D-7) 
Amends State Constitution to dedicate all State
revenues from motor fuels and petroleum products gross receipts tax to
transportation system.
Related Bill: SCR-190
     
ACR-249  McKeon, J.F. (D-27); Spencer, L.G. (D-29);
Eustace, T. (D-38) 
Determines that DEP’s proposal to revise Flood Hazard
Area Control Act Rules, Coastal Zone Management Rules, and Stormwater
Management Rules is inconsistent with legislative intent. Related Bill: SCR-180   
S-564  Smith, B. (D-17); Bateman, C. (R-16)
Establishes “Solar Roof Installation Warranty
Program” in EDA and transfers $2 million from societal benefits charge to
initially fund program.
Related Bill: A-4186
      
S-1420  Beach, J. (D-6); Whelan, J. (D-2); Smith, B.
(D-17); Sweeney, S.M. (D-3) 
Requires paint producers to implement or participate in
paint stewardship program.
Related Bill: A-1603
      
S-2617  Cardinale, G. (R-39)
Requires DEP to adopt regulations to allow cultivation
of commercial shellfish species in certain coastal and inner harbor waters for
research, educational, or restoration purposes.
Related Bill: A-3944
      
S-2769  Smith, B. (D-17); Bateman, C. (R-16)
Implements 2014 constitutional dedication of CBT
revenues for certain environmental purposes; revises State’s open space,
farmland, and historic preservation programs.
Related Bill: A-4197
SCR-180  Lesniak, R.J. (D-20); Smith, B. (D-17);
Greenstein, L.R. (D-14)
Determines that DEP’s proposal to revise Flood Hazard
Area Control Act Rules, Coastal Zone Management Rules, and Stormwater
Management Rules is inconsistent with legislative intent.  Related Bill: ACR-249
    

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Energy, environment bills sent to NJ Gov. Christie’s desk


As New Jersey’s current, two-year legislative session draws to a close, there has been a rush to pass bills and send them on to Governor Chris Christie for what sponsors hope will be his signature.


Energy and environment bills receiving final legislative approval on Thursday, January 7 included:

A-4763  Pinkin, N.J. (D-18); Smith, B. (D-17);
Bateman, C. (R-16)
Revises “Electronic Waste Management Act.”
     Jan 7, 2016     – Posted: Senate
     Jan 7, 2016     – Substituted for another
bill: S2973
     Jan 7, 2016     – Passed by the Senate
(30-7)
     Jan 7, 2016     – Passed by both Houses
(Sent to the Governor)

S-1414  Smith, B. (D-17); Bateman, C. (R-16);
Eustace, T. (D-38)

Concerns low emission and zero emission vehicles;
establishes Clean Vehicle Task Force.
     Jan 7, 2016     – Posted: Senate
     Jan 7, 2016     – Passed by the Senate
(23-14)
     Jan 7, 2016     – Passed by both Houses
(Sent to the Governor)

S-2491  Smith, B. (D-17); Danielsen, J. (D-17);
Pinkin, N.J. (D-18)  

Establishes position of State Oceanographer.
     Jan 7, 2016     – Posted: Senate
     Jan 7, 2016     – Passed by the Senate
(38-0)

     Jan 7, 2016     – Passed by both Houses
(Sent to the Governor)


S-2711  Smith, B. (D-17); Whelan, J. (D-2); Mazzeo,
V. (D-2); DeAngelo, W.P. (D-14) 
Permits BPU to approve qualified wind energy project;
requires BPU to provide application periods for those projects.
     Jan 7, 2016     – Posted: Senate
     Jan 7, 2016     – Passed by the Senate
(29-8)
     Jan 7, 2016     – Passed by both Houses
(Sent to the Governor)

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Trenton rushing to restore DEP waterfront access rules

Beach  restoration project at the Jersey Shore – NJ Advance Media
It is not often that the
Democrat-controlled New Jersey Legislature and Republican Gov. Chris Christie‘s
Department of Environmental Protection (DEP) work harmoniously (and
expeditiously) to address an environmental issue, but Jersey beaches are special. 
On Thursday, none other than
the DEP’s top dog, Bob Martin, was appearing before the Senate Environment
Committee, asking for immediate action on just-introduced legislation that
would restore DEP public beach access rules that had been invalidated by a
state appeals court. The regulatory void is of particular concern since it may jeopardize federal funding for ongoing and time-sensitive, beach restoration projects.
The legislature is responding by fast-tracking a bill to fix the problem. Following the commissioner’s testimony, the
committee released S-3321.
The measure  is expected to receive Senate and Assembly approval on Monday (at the
Legislature’s final voting session of the current term) and be sent to Gov.
Christie for his signature.
Historically, the DEP
Commissioner, assistant commissioners, or department liaisons made frequent
appearances before the Senate and Assembly environmental committees to argue
their positions on a wide variety of bills. That all came to a screeching halt when
Christie became governor.
Since then, the committees have been treated as irrelevant if not
nonexistent by the DEP and the front office. The obvious but never-admitted
cold shoulder often leaves Senate committee chairman Bob Smith to publicly
bemoan: “Where’s the DEP on this bill? We’d sure like to know. Can someone
ask them to call or send a letter?” 
  
Following the committee
action, the Associated Press’s Wayne Parry reported:
Martin said after the
hearing that passage of the law would reinstate the same rules that were in
place before the court struck them down. Those rules were hotly contested by
environmental and coastal access groups who complained that they did not go far
enough to protect the public’s right to reach the water.
The
rules leave it up to individual municipalities to decide what level of public
access is suitable. Rules generated by former governor Jon Corzine, a Democrat, imposed
uniform access requirements along the shoreline, including access points every
quarter mile.

When Republican Gov. Chris Christie succeeded Corzine, the DEP rewrote the
rules to give communities more latitude in granting beach access. Martin said
those rules will remain the same, at least for now.

“We’re happy with the rules we have in place,” he said. “They’ve
worked extremely well.”

Jeff
Tittel, director of the New Jersey Sierra Club, disagreed, saying the DEP could
do far more to enforce the Public Trust Doctrine, a legal concept dating to the
Roman Empire holding that the state’s waterways are owned by and reserved for
the use of the public.

“By rolling back beach access protections, the Christie administration
actually got rid of protections,” he said. “Their bad rules were
struck down by the court, and now we have none in place. Now we need the
legislature to fix that and come up with standards that will ensure the Public
Trust Doctrine gets implemented.”

Sen. Smith said he expects to appoint a committee later this year to
consider changes to the state’s beach access rules. But he said that would not
happen under the current bill.



Related:
Bill to give DEP authority over waterfront access clears committee
NJ court strikes down beach access rules, so what now?








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Nominees before NJ Senate Judiciary panel tomorrow

The following three individuals were added today to the list of gubernatorial nominees to be reviewed and voted on tomorrow by the NJ Senate Judiciary Committee.   


The following nomination has been ADDED and will be interviewed:
TO BE A MEMBER OF THE DELAWARE RIVER AND BAY AUTHORITY:
James Bennett, of Sea Isle City, to replace the Honorable Richard S. Mroz, resigned, for the term prescribed by law.
The following nominations have been ADDED and will be considered:
TO BE A MEMBER OF THE STATE AGRICULTURE DEVELOPMENT COMMITTEE:
Walter Scott Ellis, of Hamilton, to replace Torrey Reade, resigned, for the term prescribed by law.
TO BE A MEMBER OF THE WATER SUPPLY ADVISORY COUNCIL:
David R. Specca, of Bordentown, to replace Steven R. Jany, resigned, for the term prescribed by law.

The committee will meet at 12:30 p.m. in Committee Room 6, 1st Floor, State House Annex, Trenton, New Jersey.






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