ASSEMBLY APPROPRIATIONS COMMITTEE

STATEMENT TO

[First Reprint]

ASSEMBLY, No. 6179

with committee amendments

STATE OF NEW JERSEY

DATED:  JANUARY 8, 2026

      The Assembly Appropriations Committee reports favorably and with committee amendments Assembly Bill No. 6179 (1R).

      As amended, this bill would modify certain provisions concerning the licenses issued under P.L.1983, c.392 (C.13:1E-126 et seq.), colloquially known as the “A-901” law, and P.L.2019, c.397 (C.13:1E-127.1 et al.), colloquially known as the “Dirty Dirt” law.

      Specifically, the bill would exempt the “intra-utility transportation or processing” of soil and fill recyclable materials from the provisions of the Dirty Dirt law.  Under the bill, the “intra-utility transportation or processing” of soil and fill recyclable materials would include cases where a public utility, or a utility contractor, generates the materials at a utility facility and the materials are transported by a public utility or utility contractor to a utility facility that accepts soil, fill, and solid waste managed by the public utility or its utility contractor for temporary storage, characterization, and other management prior to final disposal or recycling.  The bill would establish certain requirements, in the definition of “intra-utility transportation or processing,” in order for an activity to be considered exempt.

      The bill would also amend the definition of “key employee” in the A-901 law to exclude brokers, consultants, and salespeople employed by, or who do business with, an applicant for an A-901 license.  Under current law, these persons are considered “key employees” and are thus required to undergo fingerprinting and complete a personal history disclosure form.  This bill would remove these requirements.

      The bill would amend the definition of “broker” in the A-901 law to clarify that a person who retains the services of a licensed business concern to provide for the collection, transportation, treatment, storage, processing, transfer, or disposal of solid waste or hazardous waste, or the provision of soil and fill recycling services, at a property, would not be considered a broker by the Department of Environmental Protection (DEP).  The bill would also exclude from the definition of broker an entity whose subcontractor carries out the collection, transportation, treatment, storage, processing, transfer or disposal of solid waste or hazardous waste, or provides soil and fill recycling services within New Jersey or from New Jersey to an out-of-state facility, so long as the subcontractor that carries out such services is licensed.  

      In addition, the bill would modify the definition of “soil and fill recyclable materials” to modify the types of soil that would be included in the definition.  For example, the bill would exclude alternative fill material approved for use at a site under the direction and oversight of a licensed site remediation professional (LSRP).  The bill would also exclude, from the definition of “soil and fill recycling services,” the excavation, transportation, placement, or processing of soil and fill recyclable materials under the oversight of a LSRP. 

      The bill would also exempt the purchase and sale of soil and fill recyclable materials from the provisions the Dirty Dirt law, meaning that only persons involved in the collection, transportation, processing, brokering, storage, or disposition of soil and fill recyclable materials would be covered under that law.  The bill would also establish a de minimis exemption from the provisions of the Dirty Dirt law, namely for persons that transport less than 200 cubic yards of soil and fill recyclable materials to or from a single site, or store less than 200 cubic yards of soil and fill recyclable materials at a single site.  Finally, the bill would require persons covered under the Dirty Dirt law to submit an application for a soil and fill recycling license within 90 days, rather than 30 days as in current law, after the DEP adopts rules and regulations to implement the Dirty Dirt law.

COMMITTEE AMENDMENTS:

      The committee amended the bill to:

      (1) revise the definition of broker to provide that the term would not include an entity whose subcontractor carries out the collection, transportation, treatment, storage, processing, transfer or disposal of solid waste or hazardous waste, or provides soil and fill recycling services within New Jersey or from New Jersey to an out-of-state facility, so long as the subcontractor that carries out such services is licensed; and

      (2) remove a provision that prohibits the DEP  from promulgating an administrative action pursuant to P.L.2019, c.397 (C.13:1E-127.1 et al.) which would impose a limit on the amount of recycled asphalt pavement stored, used, or reused in accordance with section 1 of P.L.2017, c.325 (C.13:1E-99.28a).

FISCAL IMPACT:

      The OLS estimates that this bill, which would modify provisions concerning licenses for persons who transport, broker, or process solid waste or soil and fill recyclable materials, would result in a countervailing State expenditure decrease and revenue decrease.

      Criteria in the bill would exempt certain businesses and services from the licensing and regulatory requirements of the “Dirty Dirt Law” (P.L.2019, c.397 (C.13:1E-127.1 et seq.)).  These exempted businesses and services include “intra-utility transportation or processing” of soil and fill recyclable materials, certain key employees such as brokers and consultants, and the purchase and sale of certain soil and fill recycling services (only persons involved in the collection, transportation, processing, brokering, storage, or disposition of soil and fill recyclable materials would be covered under that law).

      The OLS finds that this bill may impose both an expenditure decrease and a revenue decrease to the Department of Environmental Protection. The bill may decrease administrative expenses in the DEP with regulation, oversight, investigation, and reporting of fewer soil and fill recycling activities.  The DEP may experience a counteracting revenue decrease with the bill’s limitation of the persons, businesses, and services which might generate revenue from application, license, and violation fees associated with P.L.2019, c.397.  Although the OLS lacks the information to provide a precise estimate of the enforcement cost or revenue decreases resulting from this bill, the OLS finds that the lost revenue from excluded services likely exceeds the reduced cost of enforcement.