Development projects across the state could be held up for years under a DEP rule proposal mandating the update of local and regional Water Quality Management Plans (WQMP's). Every kind of project from commercial projects to affordable housing would be affected. The rule requires counties and planning agencies to update the plans within nine months. "These plans can take the department up to two years to approve, which could create costly delays for developers and municipalities seeking project approvals," said NJBIA Vice President David Brogan, writing on behalf of the Association in an August 20 statement to the DEP.

The Water Quality Management Plans take into consideration municipal planning as well as the availability of potable water and wastewater-treatment capacity within a specific area. Once a plan has been adopted, any project in that planning area that will impact water supply or water quality would have to receive a "consistency determination" from the DEP before the agency would issue required permits. If a project is deemed "inconsistent," the plan would have to be amended before permits could be issued. If the DEP denies a county plan or plan amendment, all permits would be withheld until a new plan is approved. Thus, companies located in counties that are unable to get their plans approved would be left in limbo.

"Time is money and delays can be very costly," Brogan said, noting that the failure of local governments to update plans or of the DEP to approve them could lead to extended delays.

NJBIA requested that the rule proposal be withdrawn for further review. If, however, the rule is to be adopted, NJBIA recommended that, at the very least, a waiver mechanism be included to allow permits for environmentally sound projects to move forward. NJBIA also urged the DEP to ensure that it has adequate staff to quickly review and approve the management plans so delays can be avoided. For more information, contact at ext. 236.

Owners Should Be Compensated for Loss of Property Rights on Waterways

Just as municipalities must compensate property owners when taking their land under eminent domain proceedings, New Jersey should compensate property owners when it removes their development rights through environmental regulation, NJBIA Vice President David Brogan said in an August 20 letter to the NJ Department of Environmental Protection (DEP).

Brogan was commenting on new environmental rules that would prohibit development within 300 feet of more than 900 miles of streams, rivers, tributaries and reservoirs that are being newly designated as Category 1 waterways. The DEP rule proposal makes no mention of compensation and would appear to eliminate the development rights of property owners in the designated C-1 areas.

"While the State is advocating that municipalities and other local government units provide adequate compensation and appropriate protections for property owners in condemnation proceedings, the DEP would be allowed to effectively take thousands of acres of land with no compensation and no protections for property owners whatsoever," Brogan said in his letter, written on behalf of NJBIA.

School Construction Program Revamped

The Governor has signed legislation getting rid of the problem-plagued School Construction Corporation (SCC) and replacing it with a new School Development Authority (SDA). The newly created authority will oversee school construction projects in the 31 low-income Abbott school districts. School construction in all other districts will be managed by the NJ Economic Development Authority.

State investigators found that waste and mismanagement had hobbled the efforts of the SCC, which ran out of money before completing its school construction program. The new law is intended to fix the program and keep it moving forward. Under the new system, the State education commissioner will create a priority ranking system for the construction of new schools based on need. The boards of education in Abbott districts must submit a complete inventory of all district- and municipal-owned land needed for constructions projects. Any land acquired for a project that is no longer needed will be sold to help cover project costs.

The new School Development Authority will be staffed by the State commissioners of education and community affairs, the CEO of the NJ Economic Development Authority, the State treasurer, and 11 public members, up from the original seven. Scott Weiner, the Governor's special counsel on school construction, will head the new authority.

Pay-to-Play Disclosure Deadline Is Sept. 28: Learn How to Comply at Sept. 18 Seminar

Any business or organization that had at least $50,000 worth of State or local government contracts in 2006 must file a political contribution disclosure statement with New Jersey's Election Law Enforcement Commission (ELEC) by September 28, under new regulations taking effect this year. The disclosure report must be filed electronically on ELEC's Web site. Businesses that fail to comply could be subject to large fines and penalties.

If you want to learn how to comply, or if you are not sure whether the new rules apply to you, sign up now for NJBIA's Is Your Business Ready to Comply with Pay-to-Play Disclosure? This seminar will be held from 8:30 a.m. until noon, Tuesday, September 18, at the Pines Manor, Route 27 in Edison. The cost is $109 per person for NJBIA members and $139 for nonmembers. For more information or to become a sponsor, contact at 609-393-7707, ext. 219.

Senate President Codey, Assembly Speaker Roberts to Speak Sept. 26

Hear directly from New Jersey's two most powerful legislative leaders - Senate President Richard Codey and Assembly Speaker Joseph Roberts - at NJBIA's Meet the Decision Makers breakfast, which will be held from 7:30 a.m. until 10:00 a.m., Wednesday, September 26, at Forsgate Country Club in Monroe Township (NJ Turnpike Exit 8A). They will discuss upcoming elections and what to expect in the legislative session following the election. Cost to attend is $69 per person for NJBIA members and $105 for nonmembers. To register or for more information, contact at 609-393-7707, ext. 239. To become an event sponsor, contact at ext. 219.

Other Upcoming Events

Meet State Environmental Commissioner Lisa Jackson, Oct. 3 - At this event, you will hear from NJ Department of Environmental Protection Commissioner Lisa Jackson. The breakfast will run from 7:30 a.m. to 10:00 a.m. at Forsgate Country Club in Monroe Township. For more information, contact at 609-393-7707, ext. 239, or register online now. Call at ext. 219 to become a sponsor.

NJBIA to Honor 10 at Awards for Excellence Dinner, Oct. 16 - NJBIA member companies that have achieved excellence in activities related to environmental quality, human resources management, public service, and job creation will receive NJBIA's Award for Excellence during a dinner banquet at the Pines Manor, Route 27 in Edison. Established in 1984, the Awards for Excellence program recognizes companies of every size from modest, family-owned enterprises to Fortune 500 companies. The program begins at 6:00 p.m. and will include a reception, dinner and the awards presentations. Tables of ten are available. For additional information, call at 609-393-7707, ext. 239, or register online now. To become a sponsor of this event, contact ext. 219.