february 2010
Recent Legislative Developments of Interest
As we settle into the New Year, New Jersey lawmakers have taken action on a number of legislative items with impacts in the environmental, real estate and land use sectors. The following overview includes a brief synopsis of several of these bills.
A4265: No Further Action (NFA) Letters Issued by NJDEP Now Provide Covenant Not to Sue
Signed into law by Governor Jon Corzine on January 17, 2010 Effective immediately and is retroactive to any NFA issued without the Covenant since passage of the Site Remediation Reform Act Per the Site Remediation Reform Act, Covenant Not to Sue language no longer appears in the NFA but is effective by operation of law
A4342: Innocent Party Grant Applicants Must Continuously Own Property between December 31, 1983 and Application Approval
Signed into law by Governor Jon Corzine on January 17, 2010 Clarifies eligibility requirements for 50% remediation reimbursement grant from the Hazardous Discharge Site Remediation Fund In addition to having acquired the property by December 31, 1983, applicant must continue to own the property until the Economic Development Authority approves the grant Grant recipients looking to transfer title should confirm that the grant award is sufficient to cover cleanup costs before sale of property
A1072: Schools Must Notify Parents and Staff of Soil Contamination
Signed into law by Governor Corzine on January 11, 2010; effective date July 11, 2010 Broadens previous obligation of certain school board officials and school administrators to notify parents and staff in writing of the discovery of any soil contamination rather than just pesticides in soil Notifications must be made within 10 business days of discovery Copy of notice must be posted in a conspicuous location near the contaminated area
A795: NJDEP Must Publicly Recognize Environmental Stewardship
Signed into law by Governor Corzine on January 18, 2010 Applies to businesses, companies and corporations that contribute to an improved environment, as exemplified through business practices, policies, procedures or goods NJDEP must, at a minimum, publish a list of recognized businesses, companies and corporations on its website, and must provide those entities with certificates of recognition
A4347: Extends Expiration Date of 2008 Permit Extension Act
Signed into law by Governor Corzine on January 18, 2010 In recognition of continuing and severe economic conditions, the Permit Extension Act of 2008 extended the effective date of certain state and local permits and approvals to July 1, 2010 The new legislation extends the permit expiration date to December 31, 2010, without other substantive changes to the original bill
If you have any questions concerning this Legal Update, please contact Suan Karp or John Hague.