Bill Text: NJ S482 | 2016-2017 | Regular Session | Introduced
Bill Title: Directs State agencies to take certain actions to expedite permitting through use of general permits and permits-by-rule. *
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2016-06-06 - Reported from Senate Committee, 2nd Reading [S482 Detail]
Download: New_Jersey-2016-S482-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Senator STEVEN V. OROHO
District 24 (Morris, Sussex and Warren)
Senator BRIAN P. STACK
District 33 (Hudson)
Co-Sponsored by:
Senator A.R.Bucco
SYNOPSIS
Directs State agencies to take certain action to expedite permitting through use of general permits.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning the issuance of general permits and amending P.L.2011, c.34.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2011, c.34 (C.52:14B-27) is amended to read as follows:
2. a. Consistent with the requirements of applicable statutes, every State agency shall periodically review those permits the State agency issues to identify permits that:
[a.] (1) Can be administered through an expedited process, such as : (a) by developing procedures for the electronic submission of permit applications ; or (b) by issuance of a general permit ; or
[b.] (2) May be obsolete, are no longer necessary, or cost more to administer than the benefits they provide, and thus should be eliminated so long as the public health, safety, or general welfare is not endangered.
b. Each State agency shall provide notice to the Secretary of State or other State officer or employee designated by the Governor pursuant to section 3 of P.L.2011, c.34 (C.52:14B-28) of its identification of permits that can be administered through an expedited process or may be obsolete, and its actions taken or recommended to be taken to expedite permitting and its actions taken or recommended to be taken to eliminate obsolete permits.
For each permit identified pursuant to subsection a. of this section as being able to be expedited through the use of a general permit, the State agency shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations providing for issuance and use of such a general permit.
If a State agency identifies a permit that could be administered through an expedited process, such as through a general permit, but finds, as a result of statutory law, that the agency does not have the necessary authority to establish an expedited process for that particular permit, the head of the State agency shall send written notice of this finding to the President of the Senate, the Speaker of the General Assembly, the chairs of the Senate Legislative Oversight Committee and the Assembly Regulatory Oversight Committee, or their successors, and the Secretary of State or other State officer or employee designated by the Governor pursuant to section 3 of P.L.2011, c.34.
(cf: P.L.2011, c.34, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill amends P.L.2011, c.34 (C.52:14B-26 et seq.) to direct every State agency to identify those permits that may be expedited by issuance of a general permit.
P.L.2011, c.34 directed every State agency (defined as "any New Jersey principal department or any division, office, agency, or bureau thereof that issues a permit to a business") to periodically review those permits the State agency issues to identify permits that can be administered through an expedited process, such as developing procedures for the electronic submission of permit applications. This bill expands on that requirement by directing every State agency to identify those permits that may be expedited by issuance of a general permit. For each permit identified as being able to be expedited through the use of a general permit, the State agency would be required to adopt, pursuant to the "Administrative Procedure Act," rules and regulations providing for the issuance and use of such a general permit.
This bill also provides that if a State agency identifies a permit that could be administered through an expedited process, such as through a general permit, but finds, as a result of statutory law, that it does not have the necessary authority to establish an expedited process for that particular permit, the head of the State agency would send written notice of this finding to the President of the Senate, the Speaker of the General Assembly, the chairs of the Senate Legislative Oversight Committee and the Assembly Regulatory Oversight Committee, or their successors, and the Secretary of State or the Governor's designee.
This bill implements one of the findings of the "Red Tape Review Commission Findings and Recommendations" report, issued February 2012. The report states the following, on page 27: "DEP's increased usage of general permits and general operating permits is another success worthy of replication. These pre-approved permits cover minor activities, do not require extensive submittal of data, and allow departmental staff to focus greater attention on individual permits which encompass more complex activities. Though DEP has made notable progress in this regard, DEP, as well as all other permit issuing departments and agencies, should expand the use of such permits." The expanded use of general permits and "permits-by-rule" is also encouraged in the Department of State's "Permit Review Annual Report," issued March 2012, in response to the provisions of P.L.2011, c.34.
