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Navigating the Madden Legislation: Environmental Compliance for New Jersey Educational Facilities

In New Jersey’s educational landscape, the “Madden Amendment” or “Madden Legislation,” named after Assemblyman Fred Madden Jr., stands as a key regulatory framework. This legislation, focused on funding for school facilities and environmental projects, underscores a commitment to educational excellence and environmental sustainability. The Madden legislation aims to enhance educational environments while addressing environmental concerns. It allocates funds and establishes programs to improve school infrastructure, facilitating initiatives like building renovations, energy-efficient upgrades, and sustainable waste management systems.

It is imperative for educational institutions in New Jersey to fully comprehend and adhere to these regulations, as the Madden Legislation, expanded in 2007 to include educational facilities and childcare centers, remains in effect to this day, necessitating ongoing environmental safety assessments and compliance with various government agency requirements, such as those set forth by the New Jersey Department of Children and Families (NJDCF) and the New Jersey Department of Environmental Protection (NJDEP), for obtaining licenses and approvals.

Environmental Requirements and Determining Applicability

Educational Facilities must conduct an environmental review before a construction official can issue a construction permit or a Certificate of Occupancy.  https://www.nj.gov/dep/dccrequest/schools.html

School sites subject to the Madden legislation meet specific criteria, such as undergoing renovation, experiencing changes in use, or being located on historically contaminated sites. Understanding these conditions is crucial for educational institutions to ensure compliance and access funding for environmental projects.

Educational centers must adhere to environmental requirements, including submitting Remedial Action Work Plans or Remedial Action Outcomes issued by Licensed Site Remediation Professionals (LSRPs). Compliance involves conducting Preliminary Assessments and, if necessary, Site Investigations and Remedial Actions to address any environmental concerns.

How to determine if your school is subject to the Madden legislation

Sites to be used for educational purposes, such as private schools, public schools, or charter schools, are subject to the Madden legislation if one or more of the conditions in I. and II. exist:

1. There is one of the following activities occurring at the subject site:

  • Renovation/rehabilitation/alteration (increasing the square footage of building)
  • Change in use (e.g. industrial to non-industrial, non-educational certificate of occupancy to educational certificate of occupancy)
  • New construction

2. The subject site is/was:

Technical Guidance and Recommendations

Technical guidance documents provided by regulatory agencies offer essential frameworks for conducting environmental investigations and remediations. Recommendations include soil sampling frequencies, remediation strategies for anthropogenic and naturally occurring contamination, and considerations for real estate transactions involving educational facilities.

Madden-subject educational centers are required, depending on the type of activity planned (i.e. license renewal, building addition, new construction) and site history,  to submit either a Remedial Action Work Plan or a Remedial Action Outcome (RAO) issued by a Licensed Site Remediation Professional (LSRP), before a construction official can issue a construction permit If a Remedial Action Work Plan, rather than an RAO, is used for obtaining a construction permit, then an RAO must be obtained before a Certificate of Occupancy (CO) can be issued.

TTI can perform these services – we have 4 LSRPs and a team of experienced science professionals.

Process for obtaining an RAO

  • At a minimum, a Preliminary Assessment (PA) must be conducted in accordance with the Technical Requirements for Site Remediation.
  • If the PA does not indicate any Areas of Concern (AOC) which would warrant a Site Investigation, then the approved Preliminary Assessment should be the only item needed for the LSRP to issue an RAO. A one time payment of at least $925 is required to be paid to NJDEP.
  • If the results of the PA identify area(s) of concern (AOCs), the LSRP must conduct a Site Investigation.
    • If the results of the SI indicate that no areas of concern require remediation, the LSRP will issue a Response Action Outcome (RAO).
    • If the results of the SI indicate the need for remediation, the LSRP must call the hotline and conduct a Remedial Investigation and Remedial Action before an RAO can be issued.
  • Upon completion of the investigation and remedial action (if necessary), the LSRP will issue a Response Action Outcome (RAO) needed to obtain a construction permit or Certificate of Occupancy. AN RAO CANNOT BE ISSUED UNTIL THE PLAY AREA IS COMPLETE. The RAO must match the site description.

The purpose of the New Jersey Department of Health document is not only to provide guidance for conducting an environmental investigation/remediation to obtain a RAO at a CCC/EF, but also to provide a framework to gather required information for other approvals required (i.e. NJDOH’s Indoor Environmental Health Assessment (IEHA) conducted by Licensed Indoor Environmental Consultants (LIEC)). An IEHA cannot be submitted until the RAO has been issued. The IEHA must be submitted with $1,500. To read the full “Technical Guidance for Investigating Child Care Centers and Educational Facilities” (TGICCC/EF) please click here.

The TGICCC/EF provides additional guidance for CCC/EF above what is included in NJDEP’s other guidance documents. Some additional requirements of note include the following:

  • Recommending the collection of soil samples at a frequency of one for the first 350 ft 2 and one for each additional 500 ft 2 in permeable play areas and other permeable areas that children may frequent. This is a significant change to the sampling frequency originally recommended when the requirements for sampling were first introduced in 2007.
  • Recommending in cases of Diffuse Anthropogenic Pollution (DAP) (presence of broadly distributed contaminants in surface soils from human activity from off-site sources) that an impermeable barrier be installed in play areas and other areas that children may frequent to prevent exposure. For a non-CCC/EF, the remediation of DAP is not required as it is considered derived from an off-site source.
  • Recommending in cases of naturally occurring background contamination that in addition to the requirement to remediate to the naturally occurring background concentration, that an impermeable barrier be installed to play areas and other areas that children may frequent to prevent exposure to contamination remaining above soil remediation standards.

When considering the purchase, development, or expansion of a facility, it’s crucial to integrate the outlined activities with standard due diligence procedures conducted before any real estate transaction. These include completing an ASTM Phase I Environmental Site Assessment (Phase I) and/or a NJDEP Preliminary Assessment (PA) report to meet New Jersey Department of Health requirements. Additionally, various other due diligence tasks are often recommended and necessary, such as conducting radon sampling and investigating asbestos, lead-based paint, and polychlorinated biphenyls (PCBs).

Conclusion: Ensuring Environmental Compliance for Educational Excellence

Navigating the Madden Legislation underscores the importance of meticulous planning and execution in the acquisition and development of educational facilities, particularly within the context of CCC/EFs. By prioritizing environmental compliance and sustainability initiatives, schools not only foster safer, healthier learning environments but also play a pivotal role in enhancing community well-being. It is imperative for educational institutions in New Jersey to fully comprehend and adhere to these regulations, ensuring a brighter future for generations to come.

For more information regarding the Madden Legislation contact Kristin Heimburger, Director of Environmental Consulting at kristin@ttienv.com