New Jersey-2016-S482-Amended

An Act concerning the issuance of general permits ¹and permits-by-rule,¹ and amending P.L.2011, c.34.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

¹[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)]¹

¹1. 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, the head of each State agency shall periodically conduct a comprehensive written review of all permits issued by the State agency, in order to identify:

(1) those permits that can be administered through an expedited process , including by general permit or permit-by-rule ;

(2) those permits that are 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;

(3) those permits that can have their period of validity extended beyond the scheduled termination date without significant disruption to the efficiency or work of the State agency, so long as the public health, safety, or general welfare is not endangered; and

(4) those permitting procedures that can be better facilitated through the increased incorporation of computer-based technology, such as the Internet, or that can be completed online.

b. The head of each State agency shall include, as part of the comprehensive written review required by subsection a. of this section:

(1) a description of those permits identified pursuant to subsection a. of this section;

(2) a description of the recent actions taken by the State agency to:

(a) eliminate obsolete permits;

(b) extend the period of validity associated with non-obsolete permits;

(c) expedite the State agency's permitting procedures , including through the issuance of general permits and permits-by-rule ;

(d) facilitate the enhanced use of computer-based and Internet technology in such procedures; and

(e) reduce the number of permits that are backlogged;

(3) recommendations and explanations as to which of the State agency's remaining permitting procedures should be revised or simplified in order to further expedite the issuance of permits by the State agency and increase the use of computer-based technology, such as the Internet, in the State agency's permitting procedures; and

(4) the identification of those rules, regulations, and statutes administered by the State agency that would need to be revised or eliminated in order to effectuate the changes recommended pursuant to paragraph (3) of this subsection.

c. Upon completion of the comprehensive written review pursuant to subsection a. of this section, the head of each State agency shall submit the review 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).

d. For each permit identified pursuant to subsection a. of this section as being able to be expedited through the use of a general permit or permit-by-rule, 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 or permit-by-rule.

If a State agency identifies a permit that could be administered through an expedited process, such as through a general permit or permit-by-rule, 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 and Reform and Federal Relations 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.34.¹

(cf: P.L.2015, c.88, s.1)

2. This act shall take effect immediately.