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NJ May Soon Implement Warehouse and Port Pollution Reduction Act

July 26, 2024 Written by: Anthony J. Vizzoni, Esq.

Earlier this month New Jersey State Senator John McKeon (D-27) introduced a bill (S3546) that will require warehouse operators to implement an air pollution reduction and mitigation plan beginning 36 months after the bill’s effective date. The Warehouse and Port Pollution Reduction Act will apply to warehouse operators that utilize at least 50,000 SF of warehouse space in a warehouse greater than 100,000 SF in size.

Any warehouse operator (defined as an entity that conducts day-to-day operations at a warehouse, including operations conducted through the use of third party contractors) would be prohibited from conducting warehouse operations in New Jersey unless they implement an Air Pollution Reduction and Mitigation Plan (APRM) approved by the New Jersey Department of Environmental Protection (NJDEP).

The bill directs the NJDEP to develop, no later than 24 months after the bill’s effective date, a template for standard APRMs. An identical bill (A4679) was introduced by Assemblywoman Andrea Katz (D-8) in the New Jersey Assembly. Although these bills most likely will be subject to revisions as they work their way through the legislative process, it is prudent for New Jersey warehouse operators to plan on the impact that such legislation may have on their future operations.