With hours left in his term in office on Tuesday, former Governor Jon Corzine signed into law a further extension of certain development permits in New Jersey (S-3137/A-4347). The former Governor also failed to take action on (i.e., “pocket vetoed”) an extension of the implementation of new water quality protection rules (S-2985/A-4345) which had passed both houses. Additionally, a few days earlier, the former Governor signed into law a bill which regulates the development of small wind energy systems (S-2528/A-3740). All three bills were previously identified as key bills for monitoring by local governments by the New Jersey State League of Municipalities. The League had supported S-2985, opposed S-2528 and was “monitoring” S-3137.
According to the Star Ledger:
The law extends the Permit Extension Act of 2008, which originally froze the expiration clock on development permits that otherwise would have expired after Jan. 1, 2007. The clock on those permits was not to begin ticking again until July 1, 2010, with the hope of the permits would be revived when the economy improved, instantly sparking commercial and housing construction and new jobs. But with the recovery yet to arrive, the new law will keep the permit expirations frozen until July 2012.
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Corzine, however, simultaneously gave environmentalists a victory by vetoing a second bill designed to delay new water protection rules.
“Those rules were 15 years in the making. … This extension vetoed by the governor would only have led to a continued depletion of our natural resources,” said Assemblyman John McKeon, D-Essex, who chairs the Assembly Environment and Solid Waste Committee.
The rules, initially adopted in 2008, give the state Department of Environmental Protection new authority to restrict development that will rely on new septic systems or extending sewer lines into environmentally sensitive areas, wetlands and rare species habitats. Enactment already was delayed by the DEP until this April to allow the state’s 21 counties to update their wastewater management plans showing the potential growth of business and housing in their areas – and the types of wastewater systems they will need. The vetoed bill would have delayed enactment of the rules until April 2011. The federal Environmental Protection Agency, which gave $1.6 million to help draft the new county plans, opposed the extension, contending the rules were drafted in response to federal Clean Water Act regulations and that New Jersey has failed to comply with orders issued 15 years ago to comply with federal water standards.
While the wastewater plan extension failed to receive former Governor Corzine’s support, it will be worth monitoring this bill to see if it progressess in the 2010-2011 Legislative session and whether Governor Chris Christie will support such an extension.
For a copy of the law relating to permit extensions, click here.
For a copy of the bill relating to extension of wastewater plans, click here.
For a copy of the law relating to small energy wind systems, click here.
