Bill Text: NJ A4464 | 2014-2015 | Regular Session | Introduced
Bill Title: Sets fees for DEP permits and approvals for repair or reconstruction of Sandy-damaged structures at no more than amount in effect on October 28, 2012.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2015-12-14 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A4464 Detail]
Download: New_Jersey-2014-A4464-Introduced.html
Sponsored by:
Assemblyman BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman VINCENT MAZZEO
District 2 (Atlantic)
SYNOPSIS
Sets fees for DEP permits and approvals for repair or reconstruction of Sandy-damaged structures at no more than amount in effect on October 28, 2012.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain permit and approval fees for Sandy-damaged structures.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any law, or rule or regulation adopted pursuant thereto, to the contrary, the Department of Environmental Protection shall not charge an application fee in excess of the applicable fee amount in effect on October 28, 2012 for an application for any permit or approval specifically related to the repair or reconstruction of a Sandy-damaged structure.
b. The department shall establish a procedure by which an applicant who paid an application fee to the department prior to the date of enactment of this act for a permit or approval specifically related to the repair or reconstruction of a Sandy-damaged structure may request a refund from the department in an amount equal to the difference, if any, between the application fee paid and the application fee that would have been charged by the department for that ty based upon the applicable fee in effect on October 28, 2012.
c. This section shall apply only to an application for a permit or approval for property on which a Sandy-damaged structure is located the owner of which at the time of application is the same person who owned the property on October 28, 2012 and who has owned the property continuously since that date, or is an immediate family member of that person.
d. As used in this section:
"Immediate family member" means a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether the individual is related by blood, marriage, or adoption.
"Sandy-damaged structure" means the same as the term is defined in section 1 of P.L.2013, c.107 (C.58:16A-103).
2. This act shall take effect immediately and shall expire on the first day of the fourth year following the date pf enactment.
STATEMENT
This bill prohibits the Department of Environmental Protection (DEP) from charging an application fee in excess of the fee amount in place on October 28, 2012 for an application for any permit or approval specifically related to the repair or reconstruction of a Sandy-damaged structure, provided that the applicant is the same person who owned the property on October 28, 2012 and who has owned the property continuously since that date, or is an immediate family member of that person. The bill directs the department to establish a procedure by which an applicant for a permit or approval specifically related to the repair or reconstruction of a Sandy-damaged structure who paid an application in excess of the fee amount in effect on October 28, 2012 may request a refund for the amount of the fee paid in excess of the amount that would have been charged on October 28, 2012 for the same type of permit or approval.
The bill defines "Sandy-damaged structure" to mean any structure that existed on October 28, 2012 and was damaged or destroyed by Hurricane Sandy. The bill would expire on the first day of the fourth year following enactment of the bill into law.
This bill is intended to assist those individuals who suffered damage as a result of Hurricane Sandy, the post-tropical storm that struck New Jersey, producing unprecedented severe weather conditions, including enormous storm surges, devastating wind, and widespread flooding, crippling entire communities across New Jersey, and inflicting incalculable harm to the economy of the State. This bill would ensure that property owners seeking to repair or reconstruct their damaged property would not be subject to increased DEP permit fees for their activities.
