New Jersey Assembly Bill A117

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Authorizes performance of supplemental environmental project to replace portion of monetary penalties for environmental violations in certain circumstances.

Impact

The proposed legislation will directly impact the enforcement of state environmental laws, specifically by allowing for more flexible responses to violations. By permitting SEPs to offset monetary penalties by up to 75%—or 50% for violations under the Water Pollution Control Act—A117 aims to encourage violators to invest in projects that benefit the environment or community. This can potentially lead to enhanced environmental outcomes and a reduction in the financial burden for businesses striving to comply with regulations.

Summary

Assembly Bill A117 aims to facilitate the Department of Environmental Protection (DEP) in New Jersey to enter into settlement agreements with individuals or organizations that violate environmental laws. The bill permits these violators to propose supplemental environmental projects (SEPs) as part of their settlement, which can replace a portion of the monetary penalties imposed for environmental violations. This approach is intended to incentivize positive environmental actions rather than solely penalizing infractions, promoting community engagement and environmental improvements.

Contention

Notably, the legislation also emphasizes community involvement in the approval of SEPs, requiring consideration of factors like the violator's compliance history, the project's potential environmental benefits, and engagement with affected communities. However, there may be concerns about the effectiveness of SEPs in truly holding violators accountable or deterring future violations, as some critics may argue that this approach could lead to a dilution of penalties that serve as a critical enforcement mechanism. Thus, the balance between leniency and accountability is expected to be a significant point of discussion among stakeholders.