Bill Text: NJ A1534 | 2012-2013 | Regular Session | Introduced


Bill Title: Requires DEP to conduct analysis of "Pollution Prevention Act."

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2012-05-31 - Received in the Senate, Referred to Senate Environment and Energy Committee [A1534 Detail]

Download: New_Jersey-2012-A1534-Introduced.html

ASSEMBLY, No. 1534

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 


 

Sponsored by:

Assemblyman  JOHN J. BURZICHELLI

District 3 (Cumberland, Gloucester and Salem)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

 

Co-Sponsored by:

Assemblyman Caputo

 

 

 

 

SYNOPSIS

     Requires DEP to conduct analysis of "Pollution Prevention Act."

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act requiring the Department of Environmental Protection to conduct an analysis of the "Pollution Prevention Act," and supplementing P.L.1991, c.235 (C.13:1D-35 et seq.).

 

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

 

     1.    a.  Within 90 days after the date of enactment of this act, the Department of Environmental Protection shall conduct an analysis of the "Pollution Prevention Act," P.L.1991, c.235 (C.13:1D-35 et seq.) and report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on the results of the analysis.  The analysis shall evaluate the effectiveness of the "Pollution Prevention Act" and the impact of the rules and regulations adopted by the department to implement the law upon the environment, public and occupational health, and the industrial facilities subject to the act. 

     b.    The department, in its report, shall:

     (1)   summarize the implementation of the "Pollution Prevention Act" since its enactment in 1991, including information on the number of industrial facilities subject to the act;

     (2)   provide a comparison of the pollution prevention program rules, at N.J.A.C.7:1K-1.1 et seq., to other hazardous substances reporting requirements, including but not limited to the federal toxics release inventory program or those implemented by the department pursuant to the "Toxic Catastrophe Prevention Act," P.L.1985, c.403 (C.13:1K-19 et seq.), and the "Worker and Community Right To Know Act," P.L.1983, c.315 (C.34:5A-1 et al.).  This comparison shall describe any areas where there is duplication among the various reporting requirements for hazardous substances and either provide a rationale for the duplication or explain how the duplication will be resolved; and

     (3)   make recommendations as to whether there should be statutory changes to the "Pollution Prevention Act" to increase pollution prevention activities at priority industrial facilities or to reduce duplication between the act and other hazardous substances reporting requirements.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill requires the Department of Environmental Protection to conduct an analysis of the "Pollution Prevention Act," P.L.1991, c.235 (C.13:1D-35 et seq.), and report to the Legislature within 90 days after the date of enactment of this bill into law.  For the analysis, the DEP is directed to evaluate the effectiveness of the law and the impact of the rules and regulations adopted by the department to implement the law upon the environment, public and occupational health, and the industrial facilities subject to the act. 

     In the report, the DEP is to:  (1) summarize the implementation of the "Pollution Prevention Act" since its enactment in 1991; (2) provide a comparison of the pollution prevention program rules to other hazardous substances reporting requirements, including but not limited to the federal toxics release inventory program or those implemented by the Department of Environmental Protection pursuant to the "Toxic Catastrophe Prevention Act" and the "Worker and Community Right To Know Act"; and (3) make recommendations as to whether there should be statutory changes to the "Pollution Prevention Act" to increase pollution prevention activities at priority industrial facilities or to reduce duplication between the act and other hazardous substances reporting requirements.

     The "Pollution Prevention Act" was enacted in 1991.  On September 20, 2010, the DEP published in the New Jersey Register a notice that it was undertaking a stakeholder process to evaluate the pollution prevention program and to consider whether and how its implementing rules should be revised.  This bill would complement that effort, by requiring the DEP to evaluate its implementation of the act and make recommendations for the future in a report to the Legislature.

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