Bill Text: NJ A878 | 2012-2013 | Regular Session | Introduced
Bill Title: Establishes in DEP the Environmental Science Review Board and Environmental Policy Review Board to review proposed environmental regulations for consistency with planning policies and science.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A878 Detail]
Download: New_Jersey-2012-A878-Introduced.html
STATE OF NEW JERSEY
215th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION
Sponsored by:
Assemblyman GARY R. CHIUSANO
District 24 (Morris, Sussex and Warren)
Assemblywoman ALISON LITTELL MCHOSE
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblyman Wolfe
SYNOPSIS
Establishes in DEP the Environmental Science Review Board and Environmental Policy Review Board to review proposed environmental regulations for consistency with planning policies and science.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act establishing the Environmental Science Review Board and the Environmental Policy Review Board in the Department of Environmental Protection to review proposed environmental regulations, and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that New Jersey, the nation's most densely populated State, requires sound and integrated Statewide planning, and the Statewide coordination of State, local, and regional planning entities and programs, so as to conserve natural resources, revitalize urban centers, protect the quality of the environment, and provide needed affordable and workforce housing and adequate public services at a reasonable cost, while promoting beneficial economic growth, development and renewal, and environmental and natural resource protection.
The Legislature further finds and declares that an adequate response to the need for development in areas appropriate for development, redevelopment, and housing requires sound and balanced planning, resource protection, and environmental regulation; and that the current system of natural resource protection and environmental regulation is, at times, inconsistent with the policies and goals enunciated above.
The Legislature also finds and declares that the protection of the State's natural resources, through a balanced and scientifically sound system of regulation, is in the public interest; and that in order to achieve this goal, a process should be established for the systematic review of regulations proposed by the Department of Environmental Protection in order to ensure their scientific sufficiency, soundness and consistency.
The Legislature therefore determines that it is in the public interest to encourage the coordination of the Department of Environmental Protection's rules, regulations, and policies with the State's policies, procedures, regulations, and standards, in order to develop and enhance sound, balanced, and comprehensive planning.
2. a. There is hereby established in the Department of Environmental Protection the Environmental Science Review Board.
The Environmental Science Review Board shall consist of eight members, of whom seven shall be appointed by the Governor with the advice and consent of the Senate to serve four-year terms, except that of those first appointed, two shall be appointed for a term of one year, two for a term of two years, two for a term of three years, and one for a term of four years. One member shall be a scientist or researcher with the Department of Environmental Protection and shall be designated by the Commissioner of Environmental Protection for a term of four years.
Of the members, two shall be representatives of the academic community with expertise, knowledge or experience in the environmental sciences; two shall be representatives of the professional licensed engineering community with expertise, knowledge or experience in the environmental sciences or engineering; one shall be a representative of a public interest group with expertise, knowledge or experience in the environmental sciences; one shall be a representative of the building industry with expertise, knowledge or experience in environmental sciences; and one shall be a representative of the business community with expertise, knowledge or experience in environmental sciences.
b. Vacancies in the membership of the Environmental Science Review Board shall be filled in the same manner as the original appointments are made and a member may be eligible for reappointment.
c. The members of the Environmental Science Review Board shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the board for its purposes.
d. The Environmental Science Review Board shall organize as soon as possible after the appointment of its members, and shall select a chairperson from among its members and a secretary who need not be a member of the board.
A majority of the entire board shall constitute a quorum for the transaction of business. Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of the full membership of the board.
e. The Environmental Science Review Board shall have the power, duty and responsibility to review any rule or regulation, proposed by the Department of Environmental Protection, for scientific sufficiency, soundness, and consistency. The board may waive its right, under this subsection, to review any rule or regulation of the department.
f. The Department of Environmental Protection shall submit to the Environmental Science Review Board for its approval every draft rule or regulation in its final form before it may be proposed by the department in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The Environmental Science Review Board shall, within 90 days after receipt of a final draft rule or regulation to be proposed by the department, issue a written report indicating whether the rule or regulation should be proposed and published in the form and substance presented to the board, whether it should be modified, or whether it should not proceed as a proposal.
g. The findings of the Environmental Science Review Board shall be binding on the department. The department shall not propose a rule or regulation unless it has been approved by the board or the board has failed to act on the final draft of the rule or regulation within the 90-day period.
Rules that are modified in response to the findings of the Environmental Science Review Board shall be re-presented to the board for approval in the same manner as set forth in subsection f. of this section.
3. There is established in the Department of Environmental Protection the Environmental Policy Review Board.
a. The Environmental Policy Review Board shall consist of 13 members, as follows:
(1) The Commissioner of Environmental Protection or the commissioner's designee;
(2) The Commissioner of Community Affairs, or the commissioner's designee;
(3) The Chief Executive Officer of the New Jersey Economic Development Authority, or the chief executive officer's designee; and
(4) Ten members of the public to be appointed by the Governor with the advice and consent of the Senate for four-year terms, except that of those first appointed, two shall be appointed for a term of one year, two for a term of two years, two for a term of three years, and four for a term of four years.
Of the public members, two shall be elected municipal officials; three shall be representatives of the professional licensed planning community, each one with expertise, knowledge or experience in one or more areas of planning, including State, local or regional planning; two shall be representatives of the academic community with expertise, knowledge or experience in State, local or regional planning; one shall be a representative of a public interest group with expertise, knowledge or experience in State, local or regional planning; one shall be a representative of the building industry with expertise, knowledge or experience in State, local or regional planning; and one shall be a representative of the business community with expertise, knowledge or experience in State, local or regional planning.
b. Vacancies in the membership of the Environmental Policy Review Board shall be filled in the same manner as the original appointments are made and a member may be eligible for reappointment.
c. The members of the Environmental Policy Review Board shall serve without compensation, but may be reimbursed for necessary expenses incurred in the performance of their duties, within the limits of funds appropriated or otherwise made available to the board for its purposes.
d. The Environmental Policy Review Board shall organize as soon as possible after the appointment of its members, and shall select a chairperson from among its members and a secretary who need not be a member of the board.
A majority of the entire board shall constitute a quorum for the transaction of business. Action may be taken and motions and resolutions adopted by the board at any meeting thereof by the affirmative vote of a majority of the full membership of the board.
e. The Environmental Policy Review Board shall have the power, duty and responsibility to review any rule or regulation to be proposed by the Department of Environmental Protection, for consistency with the State Development and Redevelopment Plan and other generally accepted planning principles and goals, as articulated by the State Planning Commission and the Office of Smart Growth in the Department of Community Affairs. The board may waive its right, under this subsection, to review any rule or regulation of the department.
f. The Department of Environmental Protection shall submit to the Environmental Policy Review Board for its approval every draft rule or regulation in its final form before it may be proposed by the department in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The Environmental Policy Review Board shall, within 90 days after receipt of a final draft rule or regulation to be proposed by the department, issue a written report indicating whether the rule or regulation should be proposed and published in the form and substance presented to the board, whether it should be modified, or whether it should not proceed as a proposal.
g. The findings of the Environmental Policy Review Board shall be binding on the department. The department shall not propose a rule or regulation unless it has been approved by the board or the board has failed to act on the final draft of the rule or regulation within the 90-day period.
Rules and regulations that are modified in response to the findings of the Environmental Policy Review Board shall be re-presented to the board for approval in the same manner as set forth in subsection f. of this section.
4. This act shall take effect immediately.
STATEMENT
This bill would create two independent boards, an Environmental Science Review Board and an Environmental Policy Review Board, within the Department of Environmental Protection (DEP).
The Environmental Science Review Board, made up of seven members with academic, business, public interest, or professional backgrounds and one member from the DEP, would have the power, duty and responsibility to review any rule or regulation, proposed by the DEP, for scientific sufficiency, soundness, and consistency.
The 13-member Environmental Policy Review Board, made up of elected and appointed municipal, academic, business, public interest, and professional representatives, would have the power, duty and responsibility to review any rule or regulation to be proposed by the DEP, for consistency with the State Development and Redevelopment Plan and other generally accepted planning principles and goals, as articulated by the State Planning Commission and the Office of Smart Growth in the Department of Community Affairs.
Achieving balance in the State's efforts to protect the environment, encourage economic growth, and direct development into areas that are best suited for sustainable smart growth is difficult, and it is equally difficult to expect one single agency, whose principal responsibility is environmental protection, to successfully balance these sometimes competing interests. The introduction of greater public participation through the creation of these two review boards should enhance the State's ability to successfully balance these critical objectives.
The members of the boards will serve without compensation and should not require additional staff. The bill is, therefore, anticipated to be revenue neutral.
