Bill Text: NJ A1687 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires DEP to obtain approval from Secretary of Agriculture prior to levying penalties against farmers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Agriculture Committee [A1687 Detail]
Download: New_Jersey-2020-A1687-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman JOHN J. BURZICHELLI
District 3 (Cumberland, Gloucester and Salem)
SYNOPSIS
Requires DEP to obtain approval from Secretary of Agriculture prior to levying penalties against farmers.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning violations of certain environmental statutes and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding any other law, rule, or regulation to the contrary, the Department of Environmental Protection shall neither seek nor recover penalties from any farmer, without first obtaining the written approval of the Secretary of Agriculture, for any violation of the following: the "Pesticide Control Act of 1971," P.L.1971, c.176 (C.13:1F-1 et seq.), the "Noise Control Act of 1971," P.L.1971, c.418 (C.13:1g-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 "Highlands Water Protection and Planning Act," P.L.2004, c.120 (C.13:20-1 et seq.), the "Air Pollution Control Act (1954)," P.L.1954, c.212 (C.26:2C-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.), and the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.).
For purposes of this section, "farmer" means any person who owns or operates a commercial farm as defined pursuant to section 3 of P.L.1983, c.31 (C.4:1C-3).
2. This act shall take effect immediately.
STATEMENT
This bill requires the Department of Environmental Protection (DEP) to obtain written approval from the Secretary of Agriculture to seek or recover penalties from farmers for violations of certain environmental laws. The Department of Agriculture has expertise in agricultural matters and would be able to assist farmers with respect to environmental issues relating to farming. Current law allows the DEP to unilaterally penalize farmers for environmental violations without the approval of the Secretary of Agriculture. That unilateral action would be prohibited under this bill.
