Dynamic rundown of NJ’s 2023 environmental agenda—A-901 “dirty dirt,” recycling/EPR, PFAS, flood-hazard rules, EV batteries and more—plus action tips.
Anthony Russo, President of CIANJ overview of the 2023 Environmental Legislative Agenda, as well as a cross view of what to expect from NJDEP in 2023.
Navigating New Jersey’s 2023 Environmental Agenda: Key Take-aways from CIANJ President Anthony Russo’s CPES Hot Topic Briefing
Based on the February 15, 2023 CPES recording
A Legislature in Campaign Mode
Every seat in Trenton is on the ballot this November. When that happens—especially in a non-presidential year—lawmakers traditionally tread lightly on anything that looks like a tax or a sweeping new mandate. Expect budget work to dominate the State House calendar through July 1, followed by a slow summer and a fall spent on the campaign trail.
Why it matters: With fewer voting sessions and a preference for “safe” bills, truly controversial measures will need unusual momentum—or a crisis—to move in 2023.
Dirty Dirt & the A-901 Expansion
No single topic generated more questions than the looming expansion of New Jersey’s solid-waste licensing program (A-901) to cover “dirty dirt.”
- Registration vs. License. Companies that haul, broker or stockpile soil were required to file a registration by 14 July 2022. The full A-901 license will be due 30 days after DEP’s rules are adopted—likely not before autumn.
- Who’s caught? Sales reps, project managers, even landscapers can be swept in as “brokers” if they arrange soil movement. LSRPs are exempt only when they act as the LSRP‐of-record.
- The pain points. A 901 applications cost roughly $1,500 per “key employee,” trigger 10-year background checks, and can take 18 months. ESOPs with dozens of employee-owners face repeated, expensive updates.
Russo’s coalition—CIANJ, BPUA, NJBIA, UTCA, NAIOP and others—won a legislative delay in 2022 and is now pushing DEP to narrow definitions, streamline paperwork and clarify enforcement.
Recycling Takes Center Stage
Sen. Bob Smith’s Environment Committee will spend much of 2023 on recycling reform:
- Extended Producer Responsibility (EPR) for Packaging.
- Producers would fund collection, education and end-markets.
- Washington-style draft language could swell from 18 to 150 pages as details are negotiated.
- Small businesses under $5 million revenue and medical packaging may be carved out.
- Plastic Bag Ban Tweaks.
- Pressure is growing to allow paper bags for home delivery and to solve the glut of reusable bags at food pantries.
- Food-Waste & Battery Recycling.
- Organics diversion requirements and lithium-battery take-back programs are on deck.
Climate & Energy: A Tactical Pause, Not a Retreat
Governor Murphy shelved the 2019 Energy Master Plan for a rewrite that accounts for grid upgrades, rate impacts and building-electrification costs. DEP’s massive “Protecting Against Climate Threats” (NJ PACT) rules—covering flood elevations, air permits and building codes—are still coming, but the timeline now runs into 2024.
EV Infrastructure Bills. Warehouses and new multi-family sites will almost certainly face “EV-ready” mandates. A companion bill would require manufacturers to finance lithium-battery recycling.
Flood-Hazard Rules. Comments closed February 3. Two-foot elevation bumps for inland projects—and five-foot increases in tidal zones—remain on the table. Developers are scrambling to determine if projects in the pipeline will be “grandfathered” or forced into redesign.
PFAS: The Forever-Chemicals Front
With drinking-water MCLs already set, legislators now want:
- Product disclosure and phase-outs for any consumer or industrial goods containing PFAS.
- Mandatory public notices from water systems that detect PFAS.
- Site-remediation guidance that folds PFAS into Superfund and ISRA clean-ups—raising costs and slowing closures.
Independent Professional Judgment—Under Repair
LSRPs say DEP reviewers are second-guessing their decisions, bogging projects in permit loops. Russo’s coalition submitted a white paper and will sit down with DEP Assistant Commissioner David Haynes on 22 February to hammer out measurable fixes:
- Clear “red-flag” criteria for permit review.
- A dispute-resolution path short of permit withdrawal.
- Training for new DEP staff on the intent of the Site Remediation Reform Act.
What Businesses Should Do Now
- Audit Your Soil Chain. Decide whether you need an A-901 license, a broker registration or the DEP’s “non-restricted soil” certification—and start gathering 10 years of ownership and financial data.
- Track Recycling Bills. Packaging producers and retailers should model EPR fees and begin mapping supply-chain alternatives.
- Map Flood-Risks Early. Use DEP’s draft elevation layers to see whether your 2023-2024 projects will need redesign.
- Plan for PFAS. Add PFAS to due-diligence checklists and factor treatment costs into deal models.
- Stay Engaged. Russo stressed that legislators respond to real-world stories. Document costs, delays and unintended consequences, and share them through trade groups before bills hit the floor.
About the Session
This Hot Topic was hosted by Continuing Professional Education Services (CPES) and moderated by Phil Brilliant. CPES offers timely, no-fluff briefings that keep New Jersey’s environmental and development community ahead of regulatory change.
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From flood-hazard rules to PFAS litigation, the ground is shifting fast.