Bill > A1764

Introduced Session

This bill would require certain warehouse operators to implement an air pollution reduction and mitigation plan (APRM plan), beginning 36 months after the bill's effective date. Specifically, the bill would apply to warehouse operators that utilize at least 50,000 square feet of warehouse space in at least one warehouse that is at least 100,000 square feet in size. The bill defines a "warehouse operator" as an entity that conducts day-to-day operations at a warehouse, including operations conducted through the use of third-party contractors, which entity may or may not be the owner of the warehouse. The bill would prohibit applicable warehouse operators from conducting warehousing operations in New Jersey, unless they implement an APRM plan approved by the Department of Environmental Protection (DEP). The bill would direct the DEP to develop, no later than 24 months after the bill's effective date, a template for the standard APRM plan. In order to implement the standard plan, warehouse operators would first need to determine the amount of truck traffic that originates from their operations using a formula to be developed by the DEP, as well as the square footage of warehouse space they utilize. Then, warehouse operators would use those figures in another formula, also to be developed by the DEP, to determine the number of air pollution reduction and mitigation points (APRM points) they need to accrue during the following year. Warehouse operators would be able to accrue APRM points through various activities - including purchasing low- or zero-emissions vehicles, installing solar panels, or installing air filters at certain buildings in the municipalities in which they operate - as enumerated in subsection b. of section 3 of the bill. APRM points could also be accrued by depositing moneys in the Plug-in Electric Vehicle Incentive Fund established pursuant to section 7 of P.L.2019, c.362 (C.48:25-7). Warehouse operators may also comply with the bill's provisions by submitting a custom APRM plan to the DEP. The custom APRM would be required to state the actions to be taken by the warehouse operator to reduce or mitigate air pollution caused by the warehouse operator, as well as conform to other minimum standards established in subsection b. of section 4 of the bill. The bill would require warehouse operators to submit to the DEP each year the APRM plan to be implemented for the next year and an annual report detailing the actions taken during the previous year. The DEP would have 90 days to approve, conditionally approve, or disapprove the plan. The bill would also require warehouse operators to retain records that demonstrate whether and how they have complied with the bill's provisions. In particular, warehouse operators would be required to retain records that evidence the amount of truck traffic generated by the warehouse operator. The bill would require the DEP to develop guidelines to assist warehouse operators with this task. The bill would authorize the DEP to request the records retained by warehouse operators, as well as to audit warehouse operators, for cause or randomly. The bill would direct the DEP to publish the warehouse operators covered under the bill and their compliance status on its website. A person who violates the provisions of the bill would be subject to a civil administrative penalty of up to $25,000 for each violation. The amount of any civil administrative penalty would be assessed pursuant to rules and regulations adopted by the DEP for violations of similar type, seriousness, and duration. A person who violates the provisions of the bill, and any order issues pursuant thereto, or who fails to pay in full a civil administrative penalty, would be subject, upon order of a court, to a civil penalty not to exceed $25,000. Civil penalties would be imposed and recovered in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999." In addition to these penalties, a person who knowingly, purposely, or recklessly makes a false or misleading statement to the DEP on any certification or registration would be guilty of a crime of the third degree and subject to a fine of up to $50,000 and restitution. The bill also establishes other remedies and enforcement mechanisms.

AI Summary

Committee Categories

Daniel Benson (D)*,  John McKeon (D)*, 

Introduced, Referred to Assembly Environment and Solid Waste Committee (on 01/11/2022)

Official Document