A4020

An Act establishing an Office of the Energy Generation Ombudsman in the Department of the Treasury, requiring State agencies to prioritize review and approval of certain energy projects, and supplementing Title 52 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. a. There is established in the Department of the Treasury the Office of the Energy Generation Ombudsman. The purpose of the Office of the Energy Generation Ombudsman shall serve as a resource to provide informational and support services to energy producers in the State regarding rules and regulations governing energy generation, provide dispute resolution services between State agencies and applicants of energy generation permits, and develop best practices for the permitting of energy generation throughout the State.

b. The Treasurer shall appoint an Energy Generation Ombudsman, who shall be qualified by training and experience to perform the duties of the office. The ombudsman shall be a person of recognized judgment, integrity, and objectivity, and shall be skilled in communication, conflict resolution, and professionalism.

c. The ombudsman shall organize and direct the work of the office, including the work of such professional and clerical staff as may be necessary to carry out the ombudsman's duties.

2. a. The duties of the Energy Generation Ombudsman shall include, but need not be limited to, the following:

(1) to serve as a source of information and assistance for energy producers in the State to navigate local, State, and federal laws and regulations governing energy generation;

(2) to provide advice and assistance on the process of obtaining and renewing permits of any kind relating to energy generation;

(3) to monitor the permit processing practices for energy generation projects issued by State agencies and local government units;

(4) to oversee State agencies in accordance with the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill);

(5) to gather information from energy producers and prospective energy producers on impediments to energy generation in the State;

(6) to identify patterns of complaints that emerge regarding the permitting processes related to energy generation facilities;

(7) to assist the Department of the Treasury in developing and disseminating information to acquaint and educate energy producers and prospective energy producers about the services offered by the Office of the Energy Generation Ombudsman; and

(8) to serve as a resource for energy generation-related information and referral to other available programs and services for energy producers and prospective energy producers in the State.

b. The ombudsman shall treat communications received in the course of the ombudsman's duties, including personally identifiable information regarding energy producers, potential energy producers, and others from whom information is acquired, as confidential, except when disclosure is necessary to enable the ombudsman to perform the duties of the office and consent for disclosure is obtained. Upon receipt of information that is confidential or privileged by law, the ombudsman shall maintain the confidentiality of the information and shall not disclose or disseminate the information except as provided by applicable State or federal law.

3. a. As used in this section:

“Approval” means any waterfront development permit issued pursuant to R.S.12:5-1 et seq., permit issued pursuant to “The Wetlands Act of 1970,” P.L.1970, c.272 (C.13:9A-1 et seq.), permit issued pursuant to the “Freshwater Wetlands Protection Act,” P.L.1987, c.156 (C.13:9B-1 et seq.), approval of an application for development granted by the Delaware and Raritan Canal Commission pursuant to the “Delaware and Raritan Canal State Park Law of 1974,” P.L.1974, c.118 (C.13:13A-1 et seq.), permit issued pursuant to the “Hackensack Meadowlands Reclamation and Development Act,” P.L.1968, c.404 (C.13:17-1 et al.), approval of an application for development granted by the Pinelands Commission and determination of municipal and county plan conformance pursuant to the “Pinelands Protection Act,” P.L.1979, c.111 (C.13:18A-1 et seq.), permit issued and center designations pursuant to the “Coastal Area Facility Review Act,” P.L.1973, c.185 (C.13:19-1 et seq.), septic approval granted pursuant to Title 26 of the Revised Statutes, permit granted pursuant to R.S.27:7-1 et seq. or any supplement thereto, right-of-way permit issued by the Department of Transportation pursuant to paragraph (3) of subsection (h) of section 5 of P.L.1966, c.301 (C.27:1A-5), approval granted by a sewerage authority pursuant to the “sewerage authorities law,” P.L.1946, c.138 (C.40:14A-1 et seq.), permit granted pursuant to the “State Uniform Construction Code Act,” P.L.1975, c.217 (C.52:27D-119 et seq.), plan endorsement and center designations pursuant to the “State Planning Act,” P.L.1985, c.398 (C.52:18A-196 et al.), permit or certification issued pursuant to the “Water Supply Management Act,” P.L.1981, c.262 (C.58:1A-1 et al.), permit granted authorizing the drilling of a well pursuant to P.L.1947, c.377 (C.58:4A-5 et seq.), certification or permit granted, exemption from a sewerage connection ban granted, wastewater management plan approved, and pollution discharge elimination system permit pursuant to the “Water Pollution Control Act,” P.L.1977, c.74 (C.58:10A-1 et seq.), certification granted pursuant to “The Realty Improvement Sewerage and Facilities Act (1954),” P.L.1954, c.199 (C.58:11-23 et seq.), certification or approval granted pursuant to P.L.1971, c.386 (C.58:11-25.1 et al.), certification issued and water quality management plan approved pursuant to the “Water Quality Planning Act,” P.L.1977, c.75 (C.58:11A-1 et seq.), approval granted pursuant to the “Safe Drinking Water Act,” P.L.1977, c.224 (C.58:12A-1 et seq.), permit issued pursuant to the “Flood Hazard Area Control Act,” P.L.1962, c.19 (C.58:16A-50 et seq.), or other approval or permit granted by a State agency under the general authority conferred by State law or rule or regulation.

“State agency” means any department, agency, authority, or instrumentality of this State or of this State in conjunction with any other state.

b. Notwithstanding the provisions of any law, rule, or regulation to the contrary, a State agency shall give the highest priority to the review and approval of any development or other project, which will result in an increased amount of electric energy produced and made available to the electricity transmission and distribution system in the State, including, but not limited to, the construction of a new electric power generating station.

4. The Office of Energy Generation Ombudsman shall prepare an annual report to be annually submitted to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, that shall include a summary of the services the ombudsman provided during the year, recommendations on changes to the existing laws, rules, regulations, programs, policies, and initiatives of the Department of the Treasury, Department of Environmental Protection, Board of Public Utilities, any other department or agency of State government, or any local organization, as appropriate, that concern energy generation. The recommendations shall aim to promote energy efficiency projects or promote the expansion of energy generation Statewide. The ombudsman may provide any other specific recommendations the ombudsman deems appropriate and necessary.

5. The Department of the Treasury shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement this act.

6. This act shall take effect immediately.

STATEMENT

This bill would establish the Office of the Energy Generation Ombudsman in the Department of the Treasury. The purpose of the Office of the Energy Generation Ombudsman would be to: serve as a resource to provide informational and support services to energy producers in the State regarding rules and regulations governing energy generation, provide dispute resolution services between State agencies and applicants of energy generation permits, and develop best practices for the permitting of energy generation throughout the State.

Under the bill, the duties of the Energy Generation Ombudsman would include, but not be limited to: (1) serving as a source of information and assistance for energy producers in the State to navigate local, State, and federal laws and regulations governing energy generation; (2) providing advice and assistance on the process of obtaining and renewing permits of any kind relating to energy generation; (3) monitoring the permit processing practices for energy generation projects issued by State agencies and local government units; (4) overseeing State agencies to ensure prioritization of energy generation projects; (5) gathering information from energy producers and prospective energy producers on impediments to energy generation in the State; (6) identifying patterns of complaints that emerge regarding the permitting processes related to energy generation facilities; (7) assisting the Department of the Treasury in developing and disseminating information to acquaint and educate energy producers and prospective energy producers about the services offered by the Office of Energy Generation Ombudsman; and (8) serving as a resource for energy generation-related information and referral to other available programs and services for energy producers and prospective energy producers in the State.

This bill would require State agencies to prioritize the review and approval process for permits and other authorizations for projects that would result in an increased amount of electric energy produced and made available to the electricity transmission and distribution system in the State. The bill would apply broadly to any approval or permit granted by a State agency and would explicitly include a variety of environmental permits and permits issued by the Department of Community Affairs pursuant to the State’s Uniform Construction Code.

Finally, the bill would require the Office of Energy Generation Ombudsman to make an annual report to the Governor and the Legislature that would include a summary of the services the ombudsman provided during the year, recommendations on changes to the existing laws, rules, regulations, programs, policies, and initiatives of the Department of the Treasury, Department of Environmental Protection, Board of Public Utilities, and any other department or agency of State government or any local organization, as appropriate, that concern energy generation and any other specific recommendations the ombudsman deems appropriate and necessary.