Requires DEP to modify certain timelines and requirements for certain approvals associated with development of affordable housing projects.

S4273

SENATE, No. 4273

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 14, 2026

Sponsored by:

Senator� ROBERT W. SINGER

District 30 (Monmouth and Ocean)

Senator� VIN GOPAL

District 11 (Monmouth)

SYNOPSIS

���� Requires DEP to modify certain timelines and
requirements for certain approvals associated with development of affordable
housing projects.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

concerning the development of affordable housing
projects and supplementing Title 13 of the Revised Statutes.

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

���� 1.� a.� As used in this
section:

���� �Commissioner� means the
Commissioner of Environmental Protection.

���� �Department� means the
Department of Environmental Protection.

���� �Fair share plan� means the
same as that term is defined in section 4 of P.L.1985, c.222 (C.52:27D-304).

���� �Housing element� means the
same as that term is defined in section 4 of P.L.1985, c.222 (C.52:27D-304).

���� �Affordable housing project�
means a residential development that is included in an adopted housing element
and fair share plan, subject to court-approved affordable housing settlement,
or necessary to satisfy a municipality�s constitutional fair share obligation.

���� �Water quality management
plan� means a water quality management plan approved pursuant to the �Water
Quality Planning Act,� P.L.1977, c.75 (C.58:11A-1 et seq.).

���� b.� Notwithstanding the
provisions of any other law, rule, or regulation to the contrary, the
Department of Environmental Protection shall modify the timelines and
requirements for the following approvals associated with the development of an affordable
housing project, as follows:

���� (1) the commissioner shall
render a final decision on any water quality management plan amendment for an affordable
housing project within 180 days of administrative completeness, and failure to
render a decision within 180 days shall result in an automatic approval, unless
a written denial specifying statutory deficiencies is issued;

���� (2) in the event a letter of
interpretation is requested pursuant to section 8 of P.L.1987, c.156
(C.13:9B-8) in relation to the development of an affordable housing project,
the department shall make a determination within 90 days of receipt of the
request for a letter of interpretation, with no more than two 30-day extensions
of the 90-day timeframe by the department;

���� (3) the department shall
process letters of interpretations pursuant to section 8 of P.L.1987, c.156
(C.13:9B-8), flood hazard area verifications, flood hazard area individual
permits, and water quality management plan amendments concurrently for affordable
housing projects;

���� (4) the department shall, when
determining sewer service areas, determine that any site that is designated
within an adopted housing element and fair-share plan or court approved
settlement shall be presumed to be consistent with the applicable water quality
management plan, unless the department demonstrates a direct violation with
federal law;

���� (5) for any applications or
approvals associated with the development of an affordable housing project that
have a 90-day review period, the department shall provide final comments no
later than 60 days prior to being deemed complete;

���� (6) if an affordable housing
project does not require a wetlands disturbance application, the department
shall allow for a separate review and approval process by the Historic
Preservation Office, which shall be carried out in parallel with other permit
review processes by the department; and

���� (7) the department shall
provide that any previously approved permits are valid until their expiration
date and shall not be affected by any new regulations adopted pursuant to
subsection c. of this section.

���� c.� The department shall
update any applicable rules and regulations concerning the development of
affordable housing projects to reflect the timeline modifications and
requirements established pursuant to subsection b. of this section.� The
department shall publish information related to the updated rules and
regulations on its Internet website.

���� 2. �This act shall take effect
immediately.

STATEMENT

���� This bill would require the
Department of Environmental Protection (department) to modify the timelines and
requirements for certain approvals associated with the development of an affordable
housing project in the State.

���� Specifically, the bill
expedites certain review processes and approvals, including, but not limited
to, water quality management plan amendments, letters of interpretations for
approval of wetlands, flood hazard area verifications, flood hazard area
individual permits, and sewer service areas for affordable housing projects.�
Under the bill, the department would be required to update any applicable rules
and regulations concerning the development of affordable housing projects to
reflect the timeline modifications and requirements established in the bill.�
The department would also be required to publish information related to the
updated rules and regulations on its Internet website.