Bill
A 5265
Empowers local authorities to enforce landscape irrigation laws, raising penalties and creating a dedicated fund to support enforcement locally.
Status & Timeline
- Introduced: Feb 10, 2025 (Assembly).
- Reported with committee amendments by Assembly Environment, Natural Resources and Solid Waste Committee: May 8, 2025; then referred to Assembly Appropriations Committee.
- Also referred to Codes (Feb 12, 2025).
- Fiscal estimate issued by the Office of Legislative Services (OLS): June 24, 2025.
- Primary sponsor: Jo Anne Simon; cosponsors: Angelo Santabarbara, Nikki Lucas, MaryJane Shimsky, Maritza Davila. Companion bill(s): S3710 / S4540.
Main purpose / intent
- Expand and strengthen enforcement of the Landscape Irrigation Contractor Certification Act of 1991 (P.L.1991, c.27) by authorizing local construction code enforcing agencies to carry out enforcement actions now largely performed by the State board and Department of Community Affairs (DCA). Increase civil penalty maximums and create a dedicated penalty fund.
Key provisions and changes
- Local enforcement authority: Defines “local enforcing agency” (municipal or county construction official and subcode officials, including pilot county program participants) and authorizes those agencies to:
- Institute civil actions (injunctive or other relief) in court;
- Investigate suspected violations;
- Issue warnings, reprimands or censures;
- Assess civil administrative penalties and take actions related to administrative hearings;
- Inspect job sites and, where warranted, fine and shut down noncompliant work sites.
- Increased penalties: Raises maximum civil administrative penalties for violations of the Act (and rules/orders issued under it) to:
- Up to $5,000 for a first offense (was $2,500);
- Up to $10,000 for a second offense (was $5,000);
- Up to $15,000 for each subsequent offense (new);
- Each day of a continuing violation is a separate offense.
- Landscape Irrigation Penalty Enforcement Fund:
- Establishes a nonlapsing fund in DCA for penalty revenues.
- 30% of revenues from civil penalties and civil administrative penalties are deposited into this Fund (instead of the General Fund, per committee amendment).
- 70% of such revenues are retained by the municipality or pilot county where the violation occurred.
- Monies in the Fund (and interest) are available to the DCA for purposes the Commissioner determines appropriate.
- Technical/administrative updates: Updates departmental references and authorizes the Board to adopt rules and fees consistent with the amended enforcement scheme.
Who is affected
- Local governments: municipal and county construction and subcode officials gain enforcement responsibilities and retain 70% of penalty revenue; local expenditures for enforcement likely increase.
- State agencies: DCA and the Landscape Irrigation Contractors Examining Board — the State’s enforcement role is reduced; 30% of penalty revenue goes to the new Fund.
- Landscape irrigation contractors, permittees, and businesses: subject to increased penalties, local inspections, fines, and possible site shutdowns.
- Consumers/property owners: may see more localized enforcement and potentially faster response to noncompliant irrigation work.
Fiscal impact (OLS estimate)
- State expenditures: expected decrease (indeterminate) because some enforcement shifts to local agencies.
- Local expenditures: expected increase (indeterminate) due to enforcement activities.
- State revenue: net impact indeterminate — upward pressure from higher penalties vs. downward pressure because 70% of locally levied penalties are retained by local units.
- Local revenue: expected increase (indeterminate) from retained penalty revenue.
Notes
- Committee amendments (May 8, 2025) added the dedicated nonlapsing penalty fund, specified the 30%/70% revenue split, made monies available to DCA, and included technical corrections.
Compiled from official sources — confirm details with the bill’s official record.
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