STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman MICHAEL INGANAMORT
District 24 (Morris, Sussex and Warren)
Co-Sponsored by:
Assemblywoman Fantasia
SYNOPSIS
Exempts local government entities from annual remediation fees under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning annual remediation fees and supplementing P.L.2009, c.60 (C.58:10C-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of any law, rule, or regulation to the contrary, any local government entity that acquires ownership of real property through bankruptcy, tax delinquency, abandonment, escheat, eminent domain, condemnation, or any circumstance in which the government entity involuntarily acquires title by virtue of its function as sovereign, or acquires the property by any means for the purpose of promoting the redevelopment of that property and is exempt from joint and several liability pursuant to paragraph (4) of subsection d. of section 8 of the "Spill Compensation and Control Act," P.L.1976, c.141 (C.58:10-23.11g), shall also be exempt from annual remediation fees for the property imposed by the department pursuant to the "Site Remediation Reform Act," sections 1 through 29 of P.L.2009, c.60 (C.58:10C-1 et seq.) and the "Brownfield and Contaminated Site Remediation Act," P.L.1997, c.278 (C.58:10B-1.1 et al.) for any discharge that occurred or began prior to the government entity’s ownership.
2. This act shall take effect immediately.
STATEMENT
This bill would exempt local government entities that have acquired ownership of real property through bankruptcy, tax delinquency, abandonment, escheat, eminent domain, condemnation, or any circumstance in which the government entity involuntarily acquired title by virtue of its function as sovereign, or acquired the property by any means for the purpose of promoting the redevelopment of that property from any annual remediation fees for the property imposed by the Department of Environmental Protection pursuant to the "Site Remediation Reform Act," P.L.2009, c.60 (C.58:10C-1 et seq.) and the "Brownfield and Contaminated Site Remediation Act," P.L.1997, c.278 (C.58:10B-1.1 et al.).
Under current law, local government entities that acquire real property in this way are exempt from joint and severable liability for any discharge which occurred or began prior to the local government entity’s ownership of the property. Under this bill, these local government entities would also be exempt from annual remediation fees for the property.