New Jersey Assembly Bill A1228

New Jersey 2022-2023 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Requires owner or operator of industrial establishment applying for de minimis exemption from "Industrial Site Recovery Act" to certify as to no actual knowledge of contamination exceeding remediation standards.

Impact

If passed, the bill would impact how industrial establishments can operate when attempting to transfer ownership or close their operations. Previously, owners could apply for exemptions from certain investigatory and remedial requirements if they met criteria regarding their use of hazardous substances. A1228 reinforces this criterion while adding a requirement for certification to confirm that there is no knowledge of contamination above acceptable remediation standards. This change aims to enhance environmental protections while allowing certain streamlined processes for owners.

Summary

Assembly Bill A1228 is focused on amending the Industrial Site Recovery Act (ISRA) in New Jersey. The primary function of this bill is to require owners or operators of industrial establishments seeking a de minimis exemption to certify that they do not have actual knowledge of contamination exceeding remediation standards. The need for this legislative change arose from a previous court decision which invalidated the requirement for such certifications due to lack of sufficient legislative authorization. A1228 seeks to reinstigate and formalize this requirement.

Contention

The bill's implications may lead to ongoing debates regarding environmental safety and the responsibilities of industrial operators. Supporters might argue that the requirement for certification will increase accountability and environmental safety in New Jersey, whereas opponents could view it as an added burden that might deter business operations. The underlying tension often lies in balancing economic development and environmental preservation within the state, particularly in areas where industrial activities are prevalent.