New Jersey Senate Bill S1152

New Jersey 2022-2023 Regular Session

• Introduced: 1/31/22
• Refer: 1/31/22

Caption

Requires DEP to offer to purchase and demolish certain contaminated residential property.

Impact

The law, if enacted, empowers property owners by allowing them to compel the DEP to not only purchase their homes but also ensures that the properties will be demolished and remediated for use as open space. This would promote public health by removing hazardous conditions from residential areas and could prevent chronic exposure to toxins within the home environment. Funding for these purchases would come from the New Jersey Spill Compensation Fund, providing a fiscal mechanism for the implementation of these provisions.

Summary

Senate Bill S1152 mandates that the Department of Environmental Protection (DEP) in New Jersey shall offer to purchase certain residential properties constructed on contaminated sites at fair market value, without any depreciation caused by the contamination. This applies specifically to single-family and two-family homes where the indoor air has exceeded the screening levels for volatile organic compounds and where the soil has contamination above remediation standards. Furthermore, the bill ensures that homeowners must not have been aware of the contamination at the time of purchase.

Contention

A potential point of contention surrounding S1152 might involve the implications of its requirements on property values and local government management of contaminated sites. Critics could argue that while the bill aids homeowners, it could lead to increased financial burdens on the state through compensation demands. Additionally, there might be concerns regarding the fund's sufficiency to accommodate all requests for property purchases under this act, especially if a significant number of properties qualify for purchase, potentially straining state resources. Stakeholders may debate the effectiveness of this approach versus other remediation strategies or preventative measures for future contamination.