A267

An Act concerning reservoirs and supplementing P.L.1981, c.262 (C.58:1A-1 et seq.).

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The Legislature finds and declares that:

a. Flooding of land may result in loss of life, damage to property, and unsanitary conditions, all of which are detrimental to the health, safety, and welfare of the residents of lands in the area threatened by the flooding;

b. Substantial flooding has repeatedly occurred in several areas of this State located downstream from reservoirs, which, in some cases, may have been caused or exacerbated by high reservoir levels; and

c. It is therefore in the public interest to minimize and prevent the loss of life and property, disruption of commerce, and impairment of the tax base by ensuring that reservoirs are kept at levels satisfactory for the public water supply but protective of the public from the dangers and losses attributed to flooding.

2. a. The Department of Environmental Protection shall identify each reservoir in the State that has a documented record of flooding, as determined by the department. For each identified reservoir, the department shall study and assess the downstream river or stream capacity and the water storage capacity of the reservoir. The department shall also study and assess the water usage needs of the residents and businesses served by the reservoir. The department shall also identify each municipality with a documented record of downstream flooding caused or exacerbated by high reservoir levels. On the basis of the results of these studies, the department, by rule or regulation adopted pursuant to subsection b. of this section, shall determine maximum water levels to be maintained at each reservoir in the State.

b. (1) The department, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary for the implementation of this act, including, but not limited to, rules and regulations that establish maximum levels for reservoirs throughout the State. The maximum level for each reservoir shall be set at a level that best protects the area surrounding the reservoir against flooding while ensuring the availability of an adequate water supply for the area served by the reservoir.

(2) In addition to the requirements of the “Administrative Procedure Act,” the department shall provide notice of these rules and regulations, at least 60 days prior to the adoption thereof, to each municipality identified pursuant to subsection a. of this section. The department shall conduct a public hearing in at least three of the identified municipalities, and in any other identified municipality upon request by the governing body of the municipality. The department shall provide at least 10 days prior notice of each public hearing to the clerk of each municipality by certified mail. The department shall, at least 10 days prior to the date of each public hearing, publish notice of the public hearing on the department’s website and in at least one newspaper of general circulation in the municipality in which the hearing is to be held.

(3) The department shall notify every owner of a reservoir in the State of the adoption of the rules and regulations pursuant to this subsection and shall require every such owner to comply with the provisions of these rules and regulations within 90 days after the adoption thereof.

3. The owner or person having control of a reservoir in the State that has a documented record of downstream flooding, as identified by the Department of Environmental Protection pursuant to section 2 of this act, shall prepare and submit a flood action plan to the department for approval, which plan shall include, but need not be limited to, the design, construction, operation, and maintenance of flood gates sited at the reservoir. The owner or person having control of the reservoir shall implement the flood action plan as approved by the department.

4. Notwithstanding any other law, rule or regulation, or provision of a flood action plan implemented pursuant to section 3 of this act, or any other similar plan, to the contrary, the Office of Emergency Management in the Division of State Police may order the water level of any reservoir in the State to be lowered, in a manner prescribed by the office, prior to or during a severe weather event if such action is determined by the office, after consultation with the department, to be in the general public interest and reasonably necessary to prevent or reduce the severity of flooding.

5. The State of New Jersey shall defend and indemnify any owner of a reservoir in the State for any act or omission with respect to any claims or any cause of action arising out of the proper implementation of a flood action plan approved by the Department of Environmental Protection pursuant to section 3 of this act, provided, however, the owner is in full compliance with any order issued pursuant to section 4 of this act.

Nothing in this section shall diminish or limit in any way any procedural or substantive protection or defense available to the owner of any reservoir in the State pursuant to the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq., or any other law.

6. This act shall take effect immediately.

STATEMENT

This bill would direct the Department of Environmental Protection (DEP) to identify those reservoirs in the State with a documented record of flooding, as determined by the DEP. For each identified reservoir, the DEP would be directed to study and assess the downstream river or stream capacity and water storage capacity of the reservoir, and to study and assess the water usage needs of the residents and businesses served by the reservoir. The bill would also require the DEP to adopt rules and regulations necessary for implementation of the bill, including rules and regulations that establish a maximum level for each reservoir based on the results of the studies. Furthermore, the DEP would be required to set the maximum level for each reservoir at a level that best protects the areas surrounding the reservoir against flooding while ensuring an adequate water supply. The bill would also direct the DEP to notify each owner of a reservoir of the adoption of these rules and regulations and require compliance within 90 days after their adoption.

The bill would require every owner of a reservoir in the State that has a documented record of downstream flooding, as determined by the DEP, to prepare, submit, and implement a flood action plan approved by the DEP, which would include, but need not be limited to, the design, construction, operation, and maintenance of flood gates sited at the reservoir.

The bill would also authorize the Office of Emergency Management in the Division of State Police to order the water level of any reservoir in the State to be lowered in a manner prescribed by the office prior to or during a severe weather event if the office has made a determination, after consultation with the DEP, that lowering the reservoir level is in the general public interest and reasonably necessary to prevent or reduce the severity of flooding.

The bill would indemnify any owner of a reservoir against any act or omission with respect to any claims or any cause of action arising out of the proper implementation of a flood action plan approved by the DEP under this bill, provided, however, the owner is in full compliance with any order of the Office of Emergency Management to lower reservoir levels, as may be issued pursuant to this bill.