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Greenbaum, Rowe, Smith & Davis LLP

Legislation has recently been introduced in the New Jersey Senate and Assembly to amend the 2009 Site Remediation Reform Act (SRRA).   The legislation reflects a collaborative effort led by Senator Bob Smith, a co-sponsor of the Senate bill, working with various stakeholders and the New Jersey Department of Environmental Protection (NJDEP).

The legislation – identical bills S-3862 and A-5293 – is colloquially referred to as “SRRA 2.0.”  It is intended to implement “lessons learned” in the ten years since SRRA was enacted, launching the privatization of a large portion of the responsibilities previously handled by NJDEP by creating the Licensed Site Remediation Professional (LSRP) program.

Just as SRRA necessarily included amendments to several existing New Jersey environmental laws in establishing the LSRP program, SRRA 2.0 does likewise.  If enacted, the changes to SRRA, associated laws and the LSRP program would include the following:

The proposed legislation also includes language addressing procedures for disbursing funds during the remediation and terminating the remediation funding source upon completion of the remediation, specific to each type of funding source, and establishes standards for the type of entities that may establish specific types of remediation funding sources.

At a June 6, 2019 Senate Environment and Energy Committee meeting chaired by Senator Smith, the Committee heard testimony on the bill from NJDEP and representatives of a number of stakeholder groups, among others.  Many speakers indicated that they would also be submitting written comments.  Senator Smith stated that the Committee would reconsider the bill when it meets again on June 17, and that he expects the bill will be voted on at that time.

If you have questions about the issues discussed in this Alert and possible impacts, please contact the authors, Maura E. Blau and David C. Scott, members of the firm’s Environmental Department.