Prohibits development of affordable housing on contaminated land.
If passed, A5350 would require developers to conduct a soil test on any proposed site for affordable housing to explicitly assess levels of contamination. The results of these tests must be submitted to local approving authorities before any development can commence. This could significantly impact the number of sites available for affordable housing, as many spots may be previously identified as contaminated, possibly limiting development opportunities within municipalities. The bill will also allow for penalties against developers who fail to comply with the soil testing requirement.
Assembly Bill A5350 aims to prohibit the development of affordable housing on land that has been previously contaminated, regardless of whether that land has been certified as clean by the state or federal environmental agencies. The bill recognizes that the long-term health effects associated with living on previously contaminated land might not be fully understood, thus emphasizing the need to protect vulnerable populations—particularly low and moderate-income households—from potential health risks involved with such developments. The primary mechanism of the bill is to mandate soil testing to determine land contamination status prior to any development activities.
While proponents argue that the bill is essential for safeguarding public health and ensuring that low-income residents are not placed in harmful environments, detractors may worry that it could hinder the expansion of affordable housing in areas where such developments are urgently needed. The impact on the housing market is a major point of contention, as the bill could exacerbate the existing shortage of affordable housing options in New Jersey, making it difficult for vulnerable populations to find secure housing.
Enforcement provisions of the bill include penalties for violations, which would be prescribed by the Commissioner of Community Affairs in consultation with the Commissioner of Environmental Protection. The bill delineates between minor and non-minor violations, allowing authorities to impose fines and other repercussions, thereby enhancing compliance efforts. This regulatory framework is aimed at ensuring that municipalities and developers adhere to the new standards set forth by the legislation.