Tracking Legislation and Other Items Important to the NJ Business Community
ECONOMIC DEVELOPMENT
Senate Economic Growth Committee Extending the Requirements of Wastewater Management Planning Agencies – S-2985 (Sarlo/D-36; Oroho/R-24): Committee passed with amendments. Provides critical provisions for the implementation of the Water Quality Management Planning rules. The amended bill would extend for three years the period of time allowed for wastewater management planning agencies to prepare and submit a wastewater management plan or a wastewater management update to the DEP. The amended bill defines “extension period” as the time period beginning on April 7, 2009 and ending on April 7, 2012. In addition, the bill establishes a specific requirement for notice and public hearing whenever the DEP proposes to remove property from a sewer service area. Lastly, the bill requires the State Planning Commission to evaluate, study and review the accuracy, validity, feasibility, and practicability of sewer service area mapping, data, models, or any other information provided by the DEP to wastewater management planning agencies. Increasing transparency, certainty and predictability in planning activities by local government and business is critical to ensuring economic growth in the state.
Senate Economic Growth Committee S-2985 Vote: Lesniak, Raymond J. (Chairman) – Yes; Cunningham, Sandra B. (Vice Chair) – Yes; Kyrillos, Joseph M., Jr. – Yes; Oroho, Steven V. – Yes; Ruiz, M. Teresa - Yes
Senate Economic Growth Committee Extending the Permit Extension Act of 2008 – S-3137 (Sarlo/D-36): Committee passed. Extends state, county and municipal permits issued after Jan. 1, 2007 until Dec. 31, 2012. Businesses cannot easily obtain financing under existing economic conditions and in some cases are forced to delay scheduled projects that have already been approved, which results in some of these permit approvals expiring before the projects are completed. Given that the permit application process is extremely time-consuming and expensive, it makes sense to allow additional time for stalled projects to be completed. Businesses may not have the time and money to start the application process over and may abandon these projects or take them to other states.
Senate Economic Growth Committee S-3137 Vote: Lesniak, Raymond J. (Chairman) – Yes; Cunningham, Sandra B. (Vice Chair) – Yes; Kyrillos, Joseph M., Jr. – Yes; Oroho, Steven V. – Yes; Ruiz, M. Teresa - Yes
ENERGY
Senate Environment Committee Imposing Stringent Requirements on Oyster Creek Operations – S-3041 (Smith/D-17): Committee held. Imposes certain conditions on the NJ Pollutant Discharge Elimination System permits for energy generation facilities that withdraw from or discharge more than 170,000 gallons of water per day to a shallow lagoonal estuary. This bill will have a devastating impact on the Oyster Creek Generation Station owned and operated by Exelon, a facility that employs over 700 individuals and provides 6 percent of the state’s lowest-cost energy.
ENVIRONMENT
Senate Environment Committee Establishing Corporate Environmental Recognition Program – S-1899 (Kyrillos/R-13; Madden/D-4): Committee passed. Directs the NJ Department of Environmental Protection Commissioner to establish a list of environmentally responsible businesses, companies, and corporations in the state for the purpose of recognizing those that have exhibited exemplary attention and concern for the environment. The DEP Commissioner shall periodically provide public recognition in the form of an award of certificates, press announcements, or other forms of recognition to highlight the achievements of the selected private sector businesses.
Senate Environment Committee S-1899 Vote: Smith, Bob (Chairman) – Yes; Van Drew, Jeff (Vice Chairman) – Yes; Bateman, Christopher – Yes; Beach, James – Yes; Ciesla, Andrew R. – Yes; Gordon, Robert M. - Yes
Senate Environment Committee Clarifying Public Notification – S-3004 (Sarlo/D-36): Committee passed with amendments. This bill modifies the public notification rule regarding the remediation of a site that has been contaminated. The committee amendments would clarify the DEP’s regulatory responsibility with regard to public notification. Specifically it requires the person responsible for conducting a remediation of a contaminated site to provide written notification to any local property owners and tenants who reside within 200 feet of any “area of concern”. Under the law, an “area of concern” is defined as any location where contaminants are or were known or suspected to have been discharged, generated, or manufactured.
Senate Environment Committee S-3004 Vote: Smith, Bob (Chairman) – Yes; Van Drew, Jeff (Vice Chairman) – Yes; Bateman, Christopher – Yes; Beach, James – Yes; Ciesla, Andrew R. – Yes; Gordon, Robert M. - Yes
GOVERNMENT REFORM
Qualified Purchasing Agents – A-1645 (McKeon/D-27; Scalera/D-36; Prieto/D-32): The Governor conditionally vetoed the bill on November 23. Senate passed 29-9, concurring with the Governor’s recommendations. Governor Corzine stated that he supports the concept of the legislation which requires municipalities to have qualified purchasing agents. The Governor however conditionally vetoed the bill because it “does not adequately address the substantive issues raised throughout the legislative process by the Division of Local Government Services." The Chamber believes that in the complex world of local public contracts and municipal finances, requiring government entities to have qualified purchasing agents is prudent. This provides added protection to the taxpayers of municipalities, which includes employers and residents.
Moving Nonpartisan Elections – A-351 (Diegnan/D-18; Barnes/D-18): Senate passed 38-0. Currently, regular municipal elections, which are nonpartisan, are held on the second Tuesday in May. This bill would allow any municipality that holds regular municipal elections to choose, by ordinance, to hold regular municipal elections on the Tuesday after the first Monday in November.
LABOR
Senate Labor Committee Mandating Prevailing Wage for Maintenance-Related Projects – S-3095 (Sweeney): Committee passed. Extends prevailing wage requirements to any work on a maintenance-related project that exceeds the scope of work and capabilities of in-house maintenance personnel and has an aggregate value exceeding $50,000. The State Chamber opposes mandates that expand prevailing wage requirements because of the increased financial burden such mandates have on the employer community and the taxpayers. These artificially inflated wages increase labor costs without a corresponding increase in productivity.
Senate Labor Committee S-3095 Vote: Madden, Fred H., Jr. (Chairman) – Yes; Cunningham, Sandra B. (Vice Chair) – Yes; Beach, James – Yes; Doherty, Michael J. – No; Kean, Sean T. – Yes; Sarlo, Paul A. – Yes
REGULATION
Improving NJ’s Corporate Governance – A-2879 (Diegnan/D-18; Vas/D-19; Chivukula/D-17; DeAngelo/D-14; Watson Coleman/D-15; Lampitt/D-6): Senate passed 39-0, sent to Governor. Allows certain corporate notices to be provided via electronic transmission. This bill was modeled on Delaware General Corporation Law and will make it easier for corporations to conduct business in our state.
Improving NJ’s Corporate Governance – A-2882 (Diegnan/D-18; Vas/D-19; Milam/D-1; Watson Coleman/D-15; Lampitt/D-6): Senate passed 37-0, sent to Governor. Provides one-hour and two-hour service options for expedited over-the-counter corporate service requests. This bill was modeled on Delaware General Corporation Law and will make it easier for corporations to conduct business in our state.
Upcoming Legislative Schedule Senate and Assembly will convene committees on Monday, January 4 at the call of the Senate President and Assembly Speaker. The Senate and Assembly have scheduled voting sessions on Thursday, January 7 and Monday, January 11.
The organization of the 214th Legislature is scheduled for Tuesday, January 12.
*Provided by the NJ State Chamber of Commerce
