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Legislation

A-559/S-1212 – Decreases certain public document copy fees; amount of fee dependent upon whether letter size page or legal size page. 

The bill is in response to Smith v. Hudson County Register, 411 N.J. Super. 538 (App. Div. 2010).  The court ruled that beginning July 1, 2010, unless and until the Legislature amends OPRA to specify otherwise or some other statute or regulation applies, public bodies could only charge the actual costs of copying. 

Passed by both Houses and sent to the Governor, Jun 28 2010

A-1600 /S-1839 Allows certain entities to submit emergency plans electronically.

The bill allows local and county Offices of Emergency Management to transmit their Emergency Operations Plans to the NJ State Police OEM electronically, instead of in the three ring binder format that was used for years.

At this time it does not affect authorities since authorities are not required to provide Emergency Operation Plans to the NJSP. However, it could affect authorities in the future, if authorities are required to provide these plans to the State Police.

Passed by both Houses and sent to the Governor, Jun 10, 2010

S-82/A437 Modifies development application process under the "Municipal Land Use Law."

Under current law, a planning board or zoning board of adjustment applies the law in effect at the time it renders its decision rather than the law in effect when the issues were initially presented.  Thus, a municipal governing body can currently amend its zoning ordinance after an application for development has been filed with a land use board, even in direct response to the application, and the land use board would decide the matter based upon the amended ordinance.

This bill requires a land use board to make its decision on an application for development in accordance with the development regulations that are in effect on the date the application for development is submitted.  The “Municipal Land Use Law” defines the term “development regulation” as a zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land, or amendment thereto. 

Signed by the Governor: PL9, May 5, 2010

S-763/A2078 Authorizes director of board of freeholders to exercise veto power over proposed actions of county authorities.

This bill would authorize the director of the county board of freeholders in a county which has not adopted the provisions of the "Optional County Charter Law," P.L.1972, c.154 (C.40:41A-1 et seq.), with the consent of a majority of the members of the board, to veto any action of a county authority. 

Passed by both Houses (Sent to the Governor, June 28, 2010

S-921/A2289 Exempts solar panels from impervious surface or impervious cover designation.

This bill would exempt solar panels from being calculated as an impervious surface or impervious cover, as it applies to the various laws relating to municipal land use, stormwater management, waterfront and coastal development, the Pinelands, and the Highlands, including agricultural development therein.

Signed by the Governor: PL4, April 22, 2010

Want to write or fax a legislator? Click on the link below for the legislative roster.
 http://www.njleg.state.nj.us/members/roster.asp

 

Laws of 2008, 2007, 2006 and more

http://www.njleg.state.nj.us/lawsconstitution/chapter.asp

 

DEP Easy Access lists DEP Staff Members.  Please add to your webpage favorites list: http://www.state.nj.us/dep/easyaccess/managementbudget.
 htm#conrtactsadminoperations

New Jersey State Planning Commission released the Preliminary State Development and Redevelopment Plan and the Preliminary State Plan Map, thus beginning the third round of Cross-acceptance. www.nj.gov/dca/osg/

 Instructions for Contracting Agencies and Business Organizations Covered By P.L. 2004, c. 57 (Posted 12/1/04)


 

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Contact members of the state Senate and General Assembly

Regulatory Issues 

Division of Local Government Services (Posted 7/27/10)

Local Finance Board

Local Authorities

Proposed Readoption: NJAC 5:31

Proposal Number: PRN 2010-141

Submit written comments by September 17, 2010 to:

Patricia Parkin McNamara, Executive Secretary

Local Finance Board

Division of Local Government Services

PO Box 803

Trenton, NJ 08625

The Local Finance Board has reviewed NJAC 5:31 and finds that they continue to be necessary for the purposes for which they were promulgated and is therefore proposing that they be readopted without amendment.

 

NJ Register, Monday, July 19, 2010 CITE 42 NJR 1451

 

 

Division of Pensions and Benefits (Posted 7/27/10)

PERS

Readoption with Amendments: NJAC 17:2

Adopted New Rule: NJAC 17:2-4.17

Adopted Repeals: NJAC 17:2-1.8, 2.8 and 4.5

Adopted Repeals and New Rules: NJAC 17:2-1:13 and 2.7

Proposed: December 21, 2009 at 41 NJR 4667(a)

Adopted June 16, 2010

Filed: June 16, 2010 as R. 2010 d.149, without change.

Summary of Public Comments and Agency Responses found in the NJ Register, Monday, July 19, 2010 CITE 42 NJR 1612.

 

 

Labor of Wage and Hour Compliance (Posted 7/19/10)

Use of Time Clocks: "Rounding" Practices

Proposed New Rule NJAC 12:56-5.8

Proposal Number: PRN 2010-110


A pubic hearing on the proposal will be held:

July 29, 2010
10am

NJ Dept of Labor and Workforce Development

2nd Fl., Large Conference Room

Trenton, NJ

 

Please call the Office of Legal and Regulatory Services at 609-292-2789 to be placed on the list of speakers.

Submit written comments by September 4 2010:

David Fish, Regulatory Officer

Office of Legal and Regulatory Services

NJDLWD

PO Box 110-13th Fl.

Trenton, NJ 08625-0110

Fax to : 609-292-8246

 

It has been suggested by the regulated community that differences between the State's rules and the Federal regulations on the issue of hours worked and on the issue of 'rounding' has caused confusion with regard to the Department's enforcement of State's wage and hour law.

 

NJ Register, July 6, 2010 CITE 42 NJR 1309.

 

 

 

 

Environmental Protection (posted 6/30/10)
Land Use Management

Division of Water Quality

Safe Drinking Water Act Rules

Readoption: N.J.A.C. 7:10

Proposed: December 7, 2009 at 41 N.J.R. 4381(a)

Filed: April 30, 2010 as R.d. without change.

Authority: N.J.S.A. 13:1D et seq., 58:11-9.1 et seq., 58:11-23 et seq.,

and 58:12A-1 et seq.

DEP Docket Number: 17-09-11/749

Effective Date: ` April 30, 2010

Expiration Date: April 30, 2015


The Department of Environmental Protection (Department) hereby readopts, without

change, the Safe Drinking Water Act Rules at N.J.A.C. 7:10. These rules establish the State

primary and secondary drinking water regulations for public and nonpublic water systems,

construction standards, fees, requirements for physical connections between an approved and an unapproved water supply, and provisions regarding civil administrative penalties and

adjudicatory hearings under the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1 et seq.

 

http://www.nj.gov/dep/rules/adoptions/adopt_100621a.pdf

 

 

Site Remediation Program (posted 6/30/10)

Land Use Management

Environmental Regulation

Notice of Action on Petition for Rulemaking

Technical Requirements for Site Remediation, NJAC 7:26E

Flood Hazard Area Control Act Rules, NJAC 7:13

Stormwater Management NJAC 7:8

Historic Fill in the Regulated Area of a Waterway

CITE 42 NJR 1085

Petitioner: Daicolor USA, Inc.

 

Take notice that NJDEP has determined to deny the petition for rulemaking filed by Diacolor. The petitioner requests that DEP amend the Flood Hazard Area Control Act Rules, NJAC 7:13 and the Stormwater Management rules, NJAC 7:8 to exempt the current site remediation presumptive remedy for historic fill or alternatively, amend the Technical Requirements for Site Remediation, NJAC 7:26E, to provide a presumptive remedy for historic fill within regulated areas of a waterwater that does not trigger DEP’s land use regulations. Notice of receipt of the petition was published in the April 5, 2010 NJR, 42 NJR 733(c).

Division of Watershed Management (Posted 6/16/10)
Proposed Amendment to the Upper Delaware WQMP and Sussex County WQMP to Establish Four Total Maximum Daily Loads for Phosphorus in the Pequest River Watershed,

The amendment will establish four total TMDLs for phosphorus impairment located in Warren and Sussex Counties. The TMDL report can be downloaded from: http://www.state.nj.us/dep/watershedmgt/DOCS/TMDL/pequest_tp_tmdl_060710.pdf .

DEP is holding a non-adversarial public hearing on:

July 15, 2010
Informational Presentation: 3-4pm
Comment Session: 4pm to end of testimony.
Warren County Community College
475 Rt. 57 West
Room No. 208
Washington, NJ 07882
908-835-9222
For directions: www.warren.edu

 

 

New DEP Rule Proposals

The following rule proposals are scheduled for publication in the NJ Register on the proposal dates listed below. The listing is sorted by proposal date, with the most recent proposals listed first. Click on the rule title for additional information.

 

Safe Drinking Water Program

New Jersey Pollutant Discharge Elimination System Stormwater Regulation
Underground Injection Control

For a list of stormwater rules, a chart of requirements, and copies of permits go to DEP's Stormwater Page

 DEP's response to comments on phosphorous
DCA, Local Government Services 
Local Finance Notices

Other regulations affecting authorities