Title 26, HEALTH AND VITAL STATISTICS

26:2C-16. Evidence at hearing; transcript The testimony taken at any hearing shall be under oath and recorded stenographically, but the parties shall not be bound by the strict rules of evidence prevailing in the courts of law and equity. True copies of any transcript and of any …

26:2C-17. Hearings before department Any hearing required by this act to be held before the department shall be held before the State Commission of Health, or a member of the department designated by him, who shall have power to subpoena witnesses and compel their attendance, adm…

26:2C-19. Actions to prohibit and prevent violations; civil administrative penalty; civil penalty; notice of release of air contaminants; penalties; alternative dispute resolution 19. a. If any person violates any of the provisions of P.L.1954, c.212 (C.26:2C-1 et seq.) or any co…

26:2C-19.1. Findings, declaration 1. The Legislature finds that equipment in facilities regulated by the "Air Pollution Control Act (1954)," P.L.1954, c.212, may malfunction or fail to perform optimally, even when carefully maintained and operated; that violations of the act may …

26:2C-19.2. Entitlement to affirmative defense 2. a. A person shall be entitled to an affirmative defense to liability for penalties for a violation of a condition, emission rate, limit, or standard, required pursuant to a permit issued pursuant to P.L.1954, c.212 (C.26:2C-1 et s…

26:2C-19.3. No entitlement to affirmative defense 3. A person shall not be entitled to an affirmative defense to liability pursuant to section 2 of P.L.1993, c.89 (C.26:2C-19.2) for any violation that causes the presence in the outdoor atmosphere of one or more air contaminants i…

26:2C-19.4. Construction of act 4. Nothing in P.L.1993, c.89 (C.26:2C-19.1 et seq.) shall be construed to limit or alter the responsibility of a person who causes a release of air contaminants to notify the department immediately as required pursuant to subsection e. of section 1…

26:2C-19.5. Rules, regulations; unavailability of affirmative defense 5. a. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that establish limitations upon the maximum frequency and duration o…

26:2C-2 Definitions. 2. As used in this act: "Air contaminant" means any substance, other than water or distillates of air, present in the atmosphere as solid particles, liquid particles, vapors, or gases; "Air pollution" means the presence in the outdoor atmosphere of one or mor…

26:2C-20. Review Review of any final decision or action by the department shall be by procedure in lieu of prerogative writs. Review of the validity of any code, rule or regulation promulgated by the department shall likewise be by procedure in lieu of prerogative writs. L.1954, …

26:2C-21. Existing remedies not impaired No existing civil or criminal remedy for any wrongful action which is a violation of any code, rule or regulation of the commission shall be excluded or impaired by this act. L.1954, c. 212, p. 787, s. 21.

26:2C-22. Relation of local ordinances or regulations to State law 22. a. (1) No ordinances of any governing body of a municipality or county or board of health more stringent than P.L.1954, c.212 (C.26:2C-1 et seq.) or any code, rules or regulations adopted pursuant thereto shal…

26:2C-23. Functions of Department of Health not impaired The powers, duties and functions vested in the State Department of Health under the provisions of this act shall not be construed to affect in any manner the powers, duties and functions vested in the State Department of He…

26:2C-24. Clean air scholarship intern program (a) There is hereby established a Clean Air Scholarship Intern Program. (b) The Commissioner of the Department of Environmental Protection may provide for the payment of room, board, tuition and fees for eligible persons to attend an…

26:2C-25. Graduate study program The commissioner, subject to available appropriations and grants from other sources, may provide within the Department of Health for a program of graduate study for eligible persons to attend any accredited graduate program at a college or univers…

26:2C-25.1. Small Business Compliance Advisory Panel 11. For the purposes of complying with the federal Clean Air Act, there is created in the Department of Environmental Protection a Small Business Compliance Advisory Panel. a. The Small Business Compliance Advisory Panel shall …

26:2C-25.2. Industry, environmental work groups 12. The department shall establish industry and environmental work groups as appropriate to consult on matters relating to the regulation of air pollution sources. The work groups shall consist of members of industry, environmental,…

26:2C-26. Short title This act shall be known and may be cited as the "Air Pollution Emergency Control Act (1967)." L.1967, c. 108, s. 1, eff. June 15, 1967.

26:2C-27. Legislative findings The Legislature finds and declares that air pollution may at certain times and in certain places so seriously affect the health of the public and so directly threaten the lives of large portions of the population as to warrant the provision of emerg…

26:2C-28. "Area" defined As used in this act "area" means and refers not only to that portion or portions of the State as shall be described in the air pollution emergency declaration of the Governor but also to any other portion or portions of the State where activities are carr…

26:2C-29. Air pollution emergency; determination If the State Commissioner of Health determines at any time that air pollution, in any county, locality, place or other area in the State constitutes an unreasonable and emergency risk to the health of those present within said area…

26:2C-3.1. Air pollution control commission abolished; transfer of functions, powers and duties The Air Pollution Control Commission is hereby abolished. All of the functions, powers and duties of the Air Pollution Control Commission in the Department of Health are hereby transfe…

26:2C-3.2. Clean Air Council (a) There is hereby created in the State Department of Health a Clean Air Council, which shall consist of 17 members, 3 of whom shall be the Commissioner of Commerce and Economic Development or a member of the Department of Commerce and Economic Devel…

26:2C-3.2a. Clean air council; membership by state commissioner of health In addition to the membership of the Clean Air Council prescribed by P.L.1967, c. 106, s. 3 (C. 26:2C-3.2), the State Commissioner of Health or a member of his staff designated by him shall be a member of t…

26:2C-3.3. Powers and duties of council The Clean Air Council shall: (a) Request from the commissioner information concerning the Air Pollution Control Program; (b) Consider any matter relating to the preservation and improvement of the Air Pollution Control Program and advise th…

26:2C-30. Proclamation by Governor The declaration by proclamation of the Governor of an air pollution emergency and any order issued by the Governor pursuant to such declaration shall be given maximum publicity throughout the State. L.1967, c. 108, s. 5, eff. June 15, 1967.

26:2C-31. Gubernatorial order; duration Any gubernatorial order may be amended or modified by further gubernatorial orders. Said order or orders shall not require any judicial or other order or confirmation of any type in order to become immediately effective as the legal obligat…

26:2C-32. Enforcement of orders The aforesaid orders of the Governor shall be enforced by the Departments of Health, Defense, and the State and local police and air pollution enforcement personnel forces. Those enforcing any Governor's order shall require no further authority or …

26:2C-33. Violation of order; penalty Any person, firm, corporation or other entity within this State which violates any Governor's order with knowledge of same, or knowingly fails to comply with the directions of those authorized by the Governor to enforce said order, or knowing…

26:2C-34. Liability for torts in enforcement of order No cause of action against the State or any person authorized by the Governor to enforce any order issued pursuant to this act for false arrests, false imprisonment, or other tort shall arise out of the good faith attempt of s…

26:2C-35. Aggrieved persons; hearing; notice Any aggrieved person, firm or corporation or other entity upon application to the commissioner shall be granted a public hearing on the question of whether or not the continuance of any such order in whole or in part is unreasonable in…

26:2C-36. Stand-by orders The commissioner shall promulgate a set of proposed stand-by orders which might be appropriate for use by the Governor upon declaration of the emergency contemplated by this act. Such stand-by control proposals, when approved by the Governor, shall be di…

26:2C-37 Short title. 1. This act shall be known and may be cited as the "Global Warming Response Act." L.2007, c.112, s.1.

26:2C-38 Findings, declarations relative to greenhouse gas emissions. 2. The Legislature finds and declares that, internationally, the issue of global warming has caused alarm, awareness, and action concerning climate changes occurring around the globe attributed to the high leve…

26:2C-39 Definitions relative to greenhouse gas emissions. 3. For the purposes of P.L.2007, c.112 (C.26:2C-37 et al.): "Department" means the Department of Environmental Protection. "Greenhouse gas" means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbon…

26:2C-40 Limit on Statewide greenhouse gas emissions mandated for 2020, 2050. 4. a. No later than January 1, 2020, the level of Statewide greenhouse gas emissions shall be reduced to, or below, the 2020 limit. No later than January 1, 2050, the greenhouse gas emissions in the Sta…

26:2C-41 Rules, regulations for monitoring, reporting emissions. 5. a. No later than 18 months after the effective date of P.L.2019, c.197, the department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations esta…

26:2C-42 Evaluation of policies and measures; reports. 6. a. The department, in consultation with the Board of Public Utilities, the Department of Agriculture, the Department of Transportation, and the Department of Community Affairs, shall evaluate policies and measures that wil…

26:2C-43 Reports. 7. a. No later than 18 months after the effective date of P.L.2019, c.197, and biennially thereafter, the department shall prepare and transmit, in writing, a report to the Governor, to the State Treasurer, to the Legislature pursuant to section 2 of P.L.1991, c…

26:2C-44 Designation of independent research panel to review agency reports. 9. a. No later than June 30, 2008, the department shall designate an independent research review panel consisting of economists, business managers, nonprofit environmental organization representatives, a…

26:2C-45 Findings, declarations relative to reduction of greenhouse gas emissions. 1. The Legislature finds and declares that New Jersey should implement cost-effective measures to reduce emissions of greenhouse gases, and that emissions trading and the auction of allowances is a…

26:2C-46 Definitions relative to reduction of greenhouse gas emissions. 2. As used in sections 1 through 11 and sections 14 and 15 of P.L.2007, c.340 (C.26:2C-45 et seq.): "Allowance" means a limited authorization, as defined by the department, to emit up to one ton of carbon dio…

26:2C-47 Greenhouse gas emissions allowance trading program. 3. a. (1) The department shall establish a greenhouse gas emissions allowance trading program consistent with the RGGI Model Rule and associated guidance documents, in order to participate in the Regional Greenhouse Gas…

26:2C-48 Certified dispatch agreement facility eligible to purchase allowances, price. 4. A dispatch agreement facility that has been certified pursuant to section 5 of P.L.2007, c.340 (C.26:2C-49) shall be eligible to purchase allowances at the price of $2 per allowance, pursuan…

26:2C-49 Certification that dispatch agreement facility qualifies for purchase of allowances. 5. a. The owner or operator of a dispatch agreement facility may certify to the department that the dispatch agreement facility qualifies to purchase allowances pursuant to section 4 of …

26:2C-50 "Global Warming Solutions Fund." 6. There is established in the Department of the Treasury a special, nonlapsing fund to be known as the "Global Warming Solutions Fund." The fund shall be administered by the State Treasurer and shall be credited with: a. moneys received …