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A 5535

Authorizes vocational training, where practicable, to incarcerated individuals on the installation of solar hot water systems for the provision of hot water to correctional facilities

2025 Regular Session Introduced by Monique Chandler-Waterman and 4 co-sponsors

Requires DEP permits for storing/processing automotive shredder residue (ASR) and adds ASR as hazardous waste to regulate storage limits and proximity, with enforcement.

REFERRED TO WAYS AND MEANS
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Bill Summary · A 5535

Summary — Assembly Bill A5535 (1R)

Status (as provided): Referred to Ways and Means. Introduced April 10, 2025. Fiscal estimate dated June 23, 2025.

This bill (as amended) requires owners/operators of scrap processing facilities to obtain Department of Environmental Protection (DEP) permits before storing or processing automotive shredder residue (ASR). It also adds ASR to the State definition of “hazardous waste,” bringing ASR within the regulatory framework of the Solid Waste Management Act.

Purpose / Intent

  • Reduce public- and environmental-health risks posed by storage and processing of ASR (a potentially flammable and hazardous non‑recyclable residue from hammermill shredding of automobiles, appliances, and other scrap).
  • Create statewide permitting and regulatory controls to limit ASR storage size, height, duration, and proximity to residences and critical infrastructure.

Key provisions

  • New permit requirement: No owner or operator of a scrap processing facility may store or process ASR without a DEP-issued permit.
  • DEP permitting program: DEP must establish a permitting program (by rule under the Administrative Procedure Act) that sets appropriate limits on:
    • Volume, height, and length of storage of ASR at a facility;
    • Prohibitions on storing ASR near residential structures and critical infrastructure.
  • Statutory definitions: Amends the Solid Waste Management Act to define “automotive shredder residue” and to include ASR within the statutory definition of “hazardous waste.”
  • Enforcement framework: By making ASR a hazardous waste, persons who transport, store, or process ASR become subject to the Solid Waste Management Act’s requirements, enforcement tools, and penalty authorities.
  • Effective date: One year after enactment (DEP may take anticipatory administrative action before that date).

Who would be affected

  • Primary: Owners and operators of scrap processing facilities that generate, store, process, or handle ASR.
  • Secondary: Transporters and other handlers of ASR; DEP (permitting, inspection, enforcement); potentially nearby communities and critical infrastructure.
  • The Office of Legislative Services notes ~440 known scrap processing facilities in the State, but it is unclear how many currently handle ASR and would require new permits.

Fiscal and administrative impact

  • OLS fiscal estimate: One‑time State costs (indeterminate) to set up the DEP permitting program, likely manageable with existing staff/resources; indeterminate ongoing annual costs for enforcement.
  • Potential indeterminate annual State revenue from permit fees and penalties. Under current law, DEP may assess civil administrative penalties up to $50,000 per violation per day and fines up to $100,000 per day in certain cases.

Procedural history & sponsors

  • Introduced Apr 10, 2025. Reported out of Assembly Environment, Natural Resources, and Solid Waste Committee with amendments (May 8, 2025); reported out to second reading (June 19, 2025). Fiscal estimate issued June 23, 2025.
  • Primary sponsor: Assemblymember Chantel Jackson. Co-sponsors include Jo Anne Simon, Monique Chandler‑Waterman, Jessica Gonzalez‑Rojas, and Harvey Epstein.
  • Related/companion bills: S4526 (companion), S4357 (companion), and prior-session measures (A205, A9127, A1256, A5310, A9553, A3971).

This summary focuses on the bill’s substantive changes: permit requirement, regulatory limits for ASR storage/processing, inclusion of ASR as hazardous waste, DEP rulemaking authority, and expected fiscal effects.

Compiled from official sources — confirm details with the bill’s official record.

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