Bill Text: NJ S1833 | 2024-2025 | Regular Session | Introduced
Bill Title: Requires air monitoring at certain construction projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-09 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S1833 Detail]
Download: New_Jersey-2024-S1833-Introduced.html
STATE OF NEW JERSEY
221st LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2024 SESSION
Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Requires air monitoring at certain construction projects.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the presence of hazardous air contaminants at certain construction projects and supplementing Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
"Department" means the Department of Environmental Protection.
"Enforcing agency" means the same as the term is defined in section 3 of P.L.1975, c.217 (C.52:27D-121).
"Hazardous air pollutant" or "HAP" means the same as the term is defined in section 2 of P.L.1954, c.212 (C.26:2C-2).
"Hazardous particulate" means a particulate with a diameter of 10 microns or less, or a particulate of any size that is contaminated with hydrocarbons, heavy metals, or hazardous materials, as designated by the department pursuant to subsection d. of this section.
b. Beginning 18 months after the effective date of this section, a person who applies for a construction permit issued pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130) shall include with the application:
(1) a certification that the soil disturbance that will be caused by the construction project is beneath the de minimis threshold established by the department pursuant to subsection d. of this section; or
(2) a plan for monitoring the air immediately surrounding the construction project for the presence of hazardous air pollutants and hazardous particulates, and a certification that the plan meets the standards adopted by the department pursuant to subsection d. of this section.
c. An enforcing agency shall not issue a construction permit pursuant to section 12 of P.L.1975, c.217 (C.52:27D-130) unless the permit application is accompanied by a certification, and, as applicable, a monitoring plan, as required pursuant to subsection b. of this section.
d. No later than 18 months after the effective date of this section, the department shall adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), which govern the monitoring of hazardous air pollutants and hazardous particulates at construction projects.
(1) The rules and regulations shall include:
(a) a designation of the size and composition of hazardous particulates that are to be monitored pursuant to this section;
(b) appropriate standards for the concentration of each hazardous air pollutant and hazardous particulate at construction projects, which standards may vary according to the type or size of the project;
(c) a de minimis level of soil disturbance, below which monitoring shall not be required;
(d) the necessary elements of a plan for monitoring the air immediately surrounding a construction project for the presence of hazardous air pollutants and hazardous particulates, as required pursuant to subsection b. of this section
(2) The rules and regulations shall require, at a minimum, that:
(a) the owner of the property on which the construction project is located performs, or causes to be performed, daily tests for the presence of each hazardous air pollutant and hazardous particulate in the air immediately surrounding the project;
(b) if the test reveals the presence of a hazardous air pollutant or hazardous particulate at a concentration that exceeds the standard established by the department pursuant to this subsection, development on the site shall immediately cease, and the property owner shall notify the department and carry out any remediation or other activities that the department directs; and
(c) construction on the development site shall not resume until the department deems that the source of the exceedance has been appropriately remediated.
2. This act shall take effect immediately.
STATEMENT
This bill would require the air surrounding certain construction projects to be monitored for the presence of hazardous air pollutants and hazardous particulates.
Specifically, the bill would require any application for a construction permit pursuant to section 12 of the "State Uniform Construction Code Act," P.L.1975, c.217 (C.52:27D-119 et seq.) to include either (1) a certification that the project will cause a minimal level of soil disturbance, or (2) a plan for monitoring the air around the project for hazardous air pollutants and hazardous particulates, and a certification that the plan conforms to the regulations to be adopted by the Department of Environmental Protection (DEP) under the bill. The bill would prohibit a municipal or county construction official or subcode official from issuing a construction permit unless the permit application includes a certification, and, as applicable, an air monitoring plan, as required under the bill.
The bill defines "hazardous air pollutant" to mean the same as the term is used in the federal Clean Air Act, which currently includes 188 pollutants. The bill be defines "hazardous particulate" to mean a particulate with a diameter of 10 microns or less, or a particulate of any size that is contaminated with hydrocarbons, heavy metals, or hazardous materials. The bill would require the DEP to designate the size and composition of each hazardous particulate that would be regulated under the bill.
The bill would require the DEP to adopt rules and regulations to implement the bill's provisions no later than 18 months after the bill's enactment. Subsection d. of section 1 of the bill would establish certain minimum provisions for the rules and regulations.
