As seen in the WeekEnder Brief, “Legislation (S-2332) opposed by NAIOP NJ was held in the Senate Environment and Energy Committee Monday. The bill would alter the De minimis Quantity Exemption (DQE) under the Industrial Site Recovery Act (ISRA) by adding the requirement that the DQE applicant certify that there is no contamination at the subject site, causing both triggering ISRA and potential future liability. This undermines the very purpose of the DQE, which was to relieve small non-polluters from the very costly investigative and clean up obligations of ISRA. The bill is unnecessary because all actual polluters, regardless of fault, remain responsible for cleaning up under the Spill Act. S-2332 would cause significant damage to New Jersey’s economy by making large amounts of commercial and industrial real property significantly more difficult to lease, and adversely impact an already weak market for office space. NAIOP NJ Regulatory Affairs Committee Co-Chair Andrew Robins of Sills Cummis & Gross testified before the committee.”
