Bill
S 3710
The bill strengthens local enforcement of landscape irrigation rules by allowing local officials to inspect, issue penalties, and shut down violations, with increased fines.
Status
- Introduced: October 7, 2024
- Committee actions: Reported favorably with amendments by the Senate Community & Urban Affairs Committee (May 12, 2025); referred to Senate Budget & Appropriations Committee. Also noted as referred to Codes (Jan 29, 2025).
- Companion/related bills: A-5265, A-3577 (companions); several prior-session related bills (e.g., S-3362, S-2475).
Purpose and intent
- Strengthen enforcement of the Landscape Irrigation Contractor Certification Act of 1991 (P.L.1991, c.27) by giving local construction code officials authority to enforce certification, permitting, and related rules — supplementing State enforcement — and by increasing available penalties and directing how penalty revenue is used.
Key provisions
- Local enforcement authority: Defines “local enforcing agency” (municipal or county construction official and subcode officials, including pilot county officials) and authorizes them, in addition to the Board, to:
- Inspect job sites,
- Institute civil actions (injunctive or other relief) in court,
- Assess civil administrative penalties,
- Close or shut down worksites where violations are found.
- Increased penalties: Civil administrative penalties may be assessed up to:
- $5,000 for a first offense (previously $2,500),
- $10,000 for a second offense (previously $5,000),
- $15,000 for each subsequent offense.
- Continuing violations: each day is a separate offense.
- Revenue allocation and new fund:
- Establishes the nonlapsing “Landscape Irrigation Penalty Enforcement Fund” in the Department of Community Affairs (DCA).
- 30% of penalty revenue is deposited into this Fund (instead of the State General Fund); 70% is retained by the municipality or pilot county where the violation occurred.
- Monies in the Fund and interest are made available to DCA for purposes the Commissioner deems appropriate.
- Administrative updates to the Board’s duties:
- Clarifies Board functions (certification, business permits, registries, continuing education, rulemaking under the Administrative Procedure Act, fees) and cross-references the amended act.
- Definition change: Replaces references to the Department of Environmental Protection with the Department of Community Affairs in the act’s definitions and provisions.
Who is affected
- Landscape irrigation contractors and businesses (certificate holders and permittees) across New Jersey — especially uncertified or unpermitted contractors.
- Municipalities and pilot counties: gain enforcement authority and retain 70% of penalty revenue for local use.
- Department of Community Affairs and the Landscape Irrigation Contractors Examining Board: receive additional enforcement tools and funding support.
Procedural/timeline notes
- Committee amendments (May 12, 2025) established the new nonlapsing Fund and changed the allocation language (30% to Fund vs. General Fund), authorized DCA access to Fund monies, and made technical corrections.
- The bill has been reported out of committee with amendments and awaits further consideration (Budget & Appropriations, and later floor action).
Potential impacts
- Strengthens local enforcement capacity to detect and stop unlicensed irrigation contracting and related infractions.
- Raises financial consequences for repeat violators, with a portion of revenues earmarked to support enforcement activities at the State level while most proceeds remain local.
Compiled from official sources — confirm details with the bill’s official record.
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