Two New Jersey bills currently under consideration in the
Senate (S2540) and Assembly (A3577) would amend the Toxic
Catastrophic Prevention Act (TCPA) to include research and
development facilities.
Although the intent of the proposed legislation is laudable,
including R&D operations in TCPA will result in repetitive
and prohibitively cumbersome paperwork requirements and time
commitments for business, academia and government agencies.
Currently, R&D facilities are not required to meet TCPA
requirements unless quantities of regulated Extremely
Hazardous Substances are above prescribed thresholds.
To ensure that the proposed amendments will not adversely
impact R&D activities within New Jersey, the R&D Council has
contacted the sponsors of the bill and the related committee
members. The Council has requested the removal of section
"3(e)" from the proposed amendment, which states the
following:
"For the purposes of this section, "facility" shall have the
same meaning as set forth in section 3 of P.L.1985, c.403
(C.13:1K-21), except that, as used in this section,
"facility" shall also include a research and development
laboratory, which means a specially designated area used
primarily for research, development, and testing activity,
and not primarily involved in the production of goods for
commercial sale, in which extraordinarily hazardous
substances are used by or under the supervision of a
technically qualified person."
New Jersey's history and the success of the Council's member
organizations are intimately tied to the development of new
products and the processes required to manufacture them.
While the Council has expressed the opinion of the R&D
community, it is equally important that those considering
the bills understand your organization's particular
situation and concerns.
For your convenience and information the links below
will assist you in contacting the New Jersey legislators
involved in the process.
- A report on this issue from
Larry Bernson, Co-Chair,
Environmental Committee, Research and Development Council of
New Jersey
- The letter the Council sent to
legislators on behalf of
the membership prepared by Environmental Committee
Co-Chairs, Larry Bernson (Lucent/Bell Labs) and Richard D'
Souza (Pfizer).
- A contact list for
sponsors of the bills and related committee members.
Again, while the Council has expressed the opinion of the R&D
community, it is equally important that those considering
the bills understand your organization's concerns.
If you or members of your organization require further
information, please contact the Council office.
