As an assistant commissioner for site remediation, Sweeney will be responsible not only for the new privately licensed professional cleanup program but also contaminated areas ranging from large Superfund sites to releases of heating oil and gasoline from underground storage tanks.

The state approved the privately licensed cleanup program despite opposition from many environmental groups because of the slow progress in addressing the numerous problems posed by tens of thousands of contaminated waste sites in New Jersey. Environmentalists worry the licensed professionals will be more responsive to the firms that hire them than concerned with protecting the public interest.

“There are more than 20,000 known contaminated sites in New Jersey,. Cleaning them is a priority of the administration, and we need the right people with the skills to do that,” said Martin, who announced the appointment.

According to a press release from the NJDEP, Assistant Commissioner Sweeney has been with the NJDEP since 1988.  Most recently, he has led multiple stakeholder workgroups focusing on implementation of the Site Remediation Reform Act and the new LSRP program.  These workgroups are responsible for the overhaul of technical regulations required to implement the LSRP program and for development of a series of complementary technical guidance documents.

He also has been NJDEP’s Chief of the Bureau of Emergency Response, which responds to discharges of hazardous materials; headed the group that provides technical support in geology and hydrogeology for cases in the Site Remediation Program; and was a Section Chief and Case Manager overseeing site remediation, including complex cleanups in New Jersey under the Spill Act, CERCLA, RCRA and ISRA.

Prior to the NJDEP, Assistant Commissioner Sweeney managed the environmental programs and laboratory at the Camden County Health Department.  He earned a BS in Natural Sciences from Thomas Edison College.  He has been active in the Fire Service for twenty years and served as an Emergency Medical Technician for thirteen years.

For a copy of the NJDEP press release, click here.

For a link to the Site Remediation home page, click here.

According to release from the Governor’s Office: “With the closure of Fort Monmouth very near on the horizon, it is vital that State and local leaders are prepared with a comprehensive, long-term plan to ensure that economic continuity, stability and growth are maintained for the regions effected by the closure,” said Governor Christie.  “Through the joint efforts of State, county and municipal leaders, Fort Monmouth can and will remain a driver of economic growth for both the region and the State.  By creating the Fort Monmouth Economic Revitalization Authority to take action on a comprehensive and strong economic development plan, we are ensuring that the municipal, county and State resources and guidance will be employed in partnership to make certain that Fort Monmouth will be a home for job creation and economic growth.”

According to the statement from the Governor’s Office, the Fort Monmouth Reuse and Redevelopment Plan is a “highly collaborative blueprint for action” to:

• Promote, develop, encourage and maintain employment, commerce, economic development, and the public welfare;
• Conserve natural resources; and
• Advance the general prosperity and economic welfare of the people in the affected communities and throughout the state.

Under the new law, FMERA is given a multitude of tools to revitalize and redevelop the Fort Monmouth area and implement the revitalization plan.  Among these are the abilities to undertake redevelopment projects, adopt development and design guidelines and land use regulations in connection with the provision of utilities, streets, roads or other infrastructure required for the implementation of the revitalization plan. The New Jersey Economic Development Authority will staff FMERA, which is also authorized under the new law to enter into an agreement with the EDA to act as the designated redeveloper.

According to a Star Ledger report:

Sponsors of the legislation, who gathered with Christie at Fort Monmouth for the bill-signing ceremony, estimate the new development, which would span at least two decades, would generate 4,900 full-time jobs, offer more than 2 million square feet of office space and pump $24.7 million in state wage taxes. The plan also calls for building at least 2,200 housing units for low-to-moderate income families as well as market rate homes.

The nine-member authority would be composed of the mayors of the three host communities, a member of the Monmouth County Board of Freeholders, a Monmouth County resident appointed by the governor, two other gubernatorial appointees, a member of the governor’s staff and the chairman of the New Jersey Economic Development Authority.

Monmouth County Freeholder Director Lillian Burry said county and local officials are looking to attract high-tech facilities, such as communications. The county has already expressed interest in taking over the base’s community center, library and bowling alley and has been guaranteed 350 acres for open space, she said.

The legislation gives the Economic Development Authority the ability to secure financing for the development projects and allows the agency to act as a designated redeveloper.

For a copy of the S-917, the enabling legislation, click here.

For the full Star Ledger article, click here.

It is time for the Assembly to finish the job of eliminating the Council on Affordable Housing, reforming New Jersey’s outdated and ineffective affordable housing rules and permanently repealing the 2.5 percent commercial development fee.  The Senate overwhelmingly passed bipartisan legislation that accomplishes these goals. We urge the Assembly to pass legislation that meets these same objectives, lifting arbitrary mandates on municipalities, rehabilitating substandard housing and eliminating the Council on Affordable Housing.  Any legislation that falls short of these goals falls short entirely.

I think it’s fair to say it sounds like its “all or nothing” on affordable housing reform for now.

Stay tuned….

Furthermore, given Governor Christie’s strong stance on eliminating the Council on Affordable Housing and instituting a major overhaul of affordable housing policy in New Jersey, even if the moratorium got to his desk, there is no guarantee he would sign it as a further delay in the development fee would only take the pressure off the Assembly to move on comprehensive affordable housing reform now.

We will be monitoring this issue throughout the week and for as long as the Legislature stays in session this summer as affordable housing reform is a critical issue to our readers, be they developers, municipal officials, affordable housing activists or professionals who practice in this field.

In anticipation of the delay of comprehensive affordable housing reform by the Assembly, A-3055, a bill to extend the current legislative moratorium on the 2.5% non-residential development fee to October 30, 2010, was introduced in the Assembly on June 24.  A companion Senate bill is expected to be introduced and both bills will be fast-tracked.  The moratorium will continue the exemption for commercial development from payment of an affordable housing development fee equal to 2.5% of the equalized assessed value of the proposed development, provided that the developer has secured preliminary site plan approval by the October 30, 2010 deadline.

creates a standards-based, municipally controlled system with minimal involvement from the State.  New Jersey is facing dramatically different economic, demographic and social circumstances since the original Fair Housing Act was passed 25 years ago, which is why the current affordable housing system must be retired and replaced.  Under the new system, the Council on Affordable Housing (COAH) and State-imposed housing obligations will be abolished and fair, affirmative, locally directed obligations to build low and moderate-income housing will be created.   

As a result of the proposed changes, the rehabilitation of existing housing stock with be encouraged, a process largely neglected in the current system, and the affordable housing system will be moved away from state-controlled mandates and towards a locally-based system that focuses on future development.  The Governor’s proposal calls for a 10 percent affordable housing unit requirement in development projects greater than 10 units (i.e. 2 affordable units for a 20 unit development), and requires a payment to a municipal affordable housing trust fund for projects between 2 and 10 units.  The Governor recommends provisions to give priority housing trust funding for projects that provide special needs housing. 

“These new measures will help to fix a broken system by promoting sensible, predictable and achievable planning to implement change,” said Governor Christie.  “Affordable housing is a responsibility that must be naturally considered as part of normal development and local decision making.  With strictly limited State involvement in the process, we are finally allowing for flexibility and customization that acknowledges our state’s unique economic, community and housing needs.”

In February, Governor Christie created a five-member Housing Opportunity Task Force chaired by former Senator Marcia Karrow to examine the State’s existing approach to affordable housing and present recommendations to fulfill New Jersey’s constitutional obligations in a manner consistent with sound planning and economic growth.  In addition, the Legislature is actively considering reforms to affordable housing through legislation sponsored in the Senate by Senators Raymond Lesniak (D-20), Christopher “Kip” Bateman (R-16) and Jeff Van Drew (D-1) and in the Assembly by Assemblymen Vincent Prieto (D-32) and David Rible (R-11).

“I look forward to working with members of the legislature to adopt a reform plan that empowers municipalities with the flexibility to meet their affordable housing obligations based on the unique situations, circumstances and needs of their respective communities,” added Governor Christie.

Under Governor Christie’s plan, municipalities will have an increased role in determining their affordable housing needs. 

• Municipalities will be required to conduct an inventory of existing affordable housing to determine what housing must be rehabilitated.
• The municipality must then formulate a plan to accomplish the rehabilitation.

New affordable housing construction will be tied to future housing development. 

• Depending on the size of the residential development, affordable housing must be provided either on-site, off-site, or through a payment to the municipality’s affordable housing trust fund in lieu of actual construction.
• Municipalities would be able to use funds in their affordable housing trust funds to support housing rehabilitation within their own municipality or in other municipalities which have significant rehabilitation needs but limited resources.
• Special needs housing will be given priority for both development and funding. 

Also under the proposed plan, the current 2.5% commercial development fee would be repealed, which will help encourage economic growth. 

With regard to zoning, municipalities seeking to comply must demonstrate that undeveloped residentially-zoned land and redevelopment will accommodate the affordable housing requirement.  A municipality seeking protection from legal challenges and court-imposed remedies must develop and adopt a housing element as part of their municipal master plan.

 State involvement in the new process will be substantially reduced. 

• State affordable housing quotas will be abolished
• The Department of Community Affairs’ (DCA) will file municipally approved housing plans and make them publicly available.
• If challenged, the Department of Community Affairs will conduct a review of municipal plans, which is limited to a determination that the plan is factually accurate and consistent with the law.
• The DCA will continue to administer the State Affordable Housing Trust Fund.

Six months after the enactment of proposed legislation, the Fair Housing Act will be repealed and COAH will be abolished. Affordable housing plan certifications granted by COAH will remain in effect and are afforded the continued legal protections until the certifications expire. Municipalities with pending certification requests are permitted to pursue those certifications or may withdraw and develop new plans consistent with the new proposed law.

“Governor Christie and I recognize the affordable housing needs that many people in the state have,” said DCA Acting Commissioner Lori Grifa.  “Unfortunately, the Council on Affordable Housing has often times been more burden than benefit to the point that New Jersey as a whole has fallen far short of its affordable housing goals,” “The Governor’s new affordable housing plan is a fresh approach that gives more control and flexibility to local governments while limiting state involvement. Ultimately, this plan will result in more affordable housing units being built in communities across the state.”

The New Jersey League of Municipalities has also commented on the Administration’s proposal: http://www.njslom.org/letters/ml051310-affordable-housing.html

The Fair Share Housing Center has denounced the Administration’s proposal as more “red tape”: http://fairsharehousing.org/pdf/FSHC_press_release_-_5_13_2010_-_red_tape.pdf

Renewable Energy Incentive Program (REIP) Funding Cycle 2, which opened on May 3, 2010, is now closed due to an unprecedented number of applications submitted.  The Funding Cycle budgets were established for each budget category to spread available rebate funding over the three four-month funding cycle periods. In just three days, an entire cycle worth of applications were submitted for residential and nonresidential solar projects through the Renewable Energy Incentive Program.  On the first business day of Funding Cycle 2, the program received over 1110 applications.  The 2010 New Jersey Clean Energy Budget, as approved by the Board of Public Utilities on December 16, 2009, provided budgets to three funding cycles in 2010.

New Jersey has one of the fastest growing market for solar photovoltaics in the United States and is one of the largest states in terms of installations and installed capacity, second only to California. Established in 2001, with only 6 solar installations in the state, New Jersey has established a model program and integrated approach to solar development that includes: A strong Renewable Portfolio Standard (RPS) with a solar electric set-aside that has helped create sustainable demand and investor confidence in the market; excellent interconnection and net metering standards that have made it easier for systems to connect to the distribution system and be compensated for their contribution, and an SREC financing model that provides energy credits and additional long term financing for those who invest in solar.  Today more than 5200 solar projects exist throughout the state.

The program’s budget is being reviewed to support rebate applications received prior to the posting of this notice.  Applications are being reviewed for completeness in the order in which they were received.  Customers submitting applications after the posting of this notice (May 11, 2010), and incomplete or illegible applications will be returned to the applicant without exception and funds will not be reserved. 

The Office of Clean Energy anticipates having a recommendation for consideration of additional funding or potential program changes at the June 7th board meeting.  Please check this website on a weekly basis for updates and additional information.  Funding cycle three is planned to open on September 1, 2010.  

Please cease from submitting applications for rebated residential and nonresidential solar systems under the REIP until further notice. New Jersey’s Clean Energy Program will continue to accept and approve rebate applications for wind and biopower projects and SREC Registration.

For more information, visit the Office of Clean Energy home page at http://www.njcleanenergy.com/

The New Jersey Board of Public Utilities has confirmed that it stopped accepting new applications for its solar rebate program and will not take new applications until September 1 as funding for the rebate program is currently depleted.

According to a Star Ledger report:

On April 1, the BPR stopped taking applications because the money allotted through April 30 had been used up.

When applications began being accepted again on May 3, some people were camping out to turn theirs in early. That day, more than 1,100 applications were submitted. Since then, another 125 have rolled in.

So the BPU decided today to cut off new requests again until Sept. 1.

Development of the Remedial Priority Scoring (RPS) system was mandated pursuant to N.J.S.A.58:10-23.16 as amended in section 39 of P.L.2009, c.60 (Site Remediation Reform Act). A system has been developed to measure each site’s relative risk to human and ecological health.

A public meeting is scheduled for May 24, 2010 from 9:00 am to 11:30 at the Public Hearing Room in the Department of Environmental Protection Headquarters at 401 East State Street, Trenton to explain the system and demonstrate the technologies and rationale behind the development of the system. Department staff will describe the system in detail and address questions and comments.

Please visit the following web address for more information:

 

http://www.nj.gov/dep/srp/srra/rps

According to a statement from the Governor’s Office:

Governor Chris Christie today signed legislation to simplify and make more predictable regulations governing land-use development applications at the municipal level, encouraging development and lowering costs for New Jersey businesses and job creators.

S-82, commonly referred to as “time of application” or “time of decision” legislation, provides that a land-use development application will be governed by the municipal development regulations in effect at the time of the application.  Exceptions are provided for those rules related to health and public safety. 

The legislation does not guarantee approval of a land-use application, but instead allows for the application process to move forward without the unnecessary hurdle of constantly changing requirements while the application is pending.

“New Jersey’s businesses and entrepreneurs – the job creators of our state – invest considerable amounts of financial and human resources in navigating a vast landscape of rules and regulations at the state and local level,” said Governor Christie.  “Prior to the signing of this legislation, the system allowed for those rules to be changed in the middle of the process, even after an application has been submitted.  This legislation makes common sense changes to improve the application process and move New Jersey in the right direction of providing a friendlier environment for job creation, while keeping safeguards for public health and safety in place.”

Currently, regulations do not “lock-in” until preliminary approval is granted for an application, allowing municipalities to change the requirement of an application after its initial submission, resulting in a business that is investing in New Jersey having to start the costly, time-intensive application process over, or abandoning the project altogether.