A5797

An Act concerning the inclusion, in State and county hazard mitigation plans, of climate change-related threat assessments and hazard prevention and mitigation strategies, and supplementing chapter 9 of Appendix A.

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

1. a. As used in this section, “hazard mitigation plan” means a plan adopted at the State or local level, which identifies the natural disaster risks and vulnerabilities in the State or locality, describes the hazard mitigation strategies to be used by the State or locality in addressing such risks and vulnerabilities, is approved by the Federal Emergency Management Agency, and is required in order for the State or local government to apply for and obtain certain types of emergency disaster assistance under the federal “Robert T. Stafford Disaster Relief and Emergency Assistance Act,” Pub.L.100-707 (42 U.S.C. s.5121 et seq.).

b. A hazard mitigation plan that is adopted or revised by the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety, or by a county office of emergency management, on or after the effective date of this act, shall address the current and future impacts of, identify the specific hazards and risks associated with, and include strategies to prevent and mitigate the hazardous impacts of, climate change. Each hazard mitigation plan shall, at a minimum:

(1) identify and analyze the existing and future threats to, and vulnerabilities of, system assets, which threats and vulnerabilities are resulting, or are likely to result, from increasing temperatures, droughts, flooding, hurricanes, sea-level rise, and other natural hazards either caused or worsened by climate change;

(2) include an analysis of any ongoing or future asset development and acquisition activities, which analysis shall: (a) identify any planned or anticipated major acquisitions or developments and any potential increases or changes in asset development or acquisitions that may occur as a result of local zoning ordinances and regulations; and (b) provide an assessment as to whether, how, and to what extent the future development, particularly in riparian or coastal flood zones and other low-lying areas, will be negatively impacted by the threats and vulnerabilities identified pursuant to paragraph (1) of this subsection;

(3) identify the critical facilities, utilities, roadways, and other types of infrastructure in the State or county, as the case may be, that are necessary for evacuation purposes or for sustaining quality of life during a natural disaster; describe the specific climate change-related threats and vulnerabilities, identified pursuant to paragraph (1) of this subsection, that are likely to affect each type of infrastructure, particularly when located in a riparian or coastal flood zone or other low-lying area; and include a plan to ensure that the identified infrastructure is maintained, at all times, in an operational state;

(4) include an environmental justice assessment that evaluates whether, how, and to what extent, minority, low-income, and other historically disadvantaged or marginalized communities within the State or county, as the case may be, are or may be disparately impacted by the existing and future threats, vulnerabilities, and hazards identified pursuant to paragraph (1) of this subsection and the current and future effects of climate change on the system assets and critical infrastructure, as identified pursuant to paragraphs (2) and (3) of this subsection. The environmental justice assessment shall include, but shall not be limited to, an evaluation as to whether, how, and to what extent minority, low-income, and other historically disadvantaged or marginalized communities are or may be disparately impacted, in particular, by increased flooding and the development of heat islands;

(5) include an assessment as to whether, how, and to what extent, the threats and vulnerabilities identified pursuant to paragraph (1) of this subsection will impact the State’s or county’s ability, over time, to successfully implement other components of its hazard mitigation plan;

(6) describe the proactive and preventive means, methods, strategies, procedures, protocols, and design and building standards that will be used by the State or county, as the case may be, to: (a) eliminate or reduce the threats and vulnerabilities identified pursuant to paragraph (1) of this subsection; (b) avoid the hazardous impacts of climate change on system assets and critical infrastructure, particularly in riparian or coastal flood zones and other low-lying areas; and (c) prevent and remediate the potential and actual disparate impacts of climate change on minority, low-income, and other historically disadvantaged or marginalized communities; and

(7) describe the means, methods, strategies, procedures, protocols, and design and building standards that will be used by the State or county, as the case may be, to promptly and effectively respond to and mitigate, remediate, or off-set the hazardous effects of climate change occurring in the State or county, as appropriate, particularly in riparian or coastal flood zones and other low-lying areas.

c. The climate change-related assessments and strategies that are incorporated into a hazard mitigation plan, pursuant to this section, shall be based on the most recent natural hazard projections and best available science from the Department of Environmental Protection.

d. The provisions of a floodplain management plan, emergency response plan, post-disaster recovery plan, capital improvement plan, or other similar plan that is adopted or revised by the State or county, as the case may be, on or after the effective date of this act, shall be consistent with, and shall reflect, the climate change-related components of the applicable State or county hazard mitigation plan, which have been incorporated therein pursuant to this section.

e. The Director of the Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety may adopt rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to implement the provisions of this section.

2. This act shall take effect immediately.

STATEMENT

This bill would require any hazard mitigation plan (HMP) that is adopted or revised, on or after the date the bill is enacted into law, either by the State Office of Emergency Management or by a county office of emergency management, to address the current and future impacts of, identify the specific hazards and risks associated with, and include strategies to prevent and mitigate the hazardous impacts of, climate change. The bill would require each HMP, in particular, to:

1) identify and analyze the existing and future threats and vulnerabilities to the State or county, as the case may be, that are resulting, or are likely to result, from increasing temperatures, droughts, flooding, hurricanes, sea-level rise, and other natural hazards that are either caused or worsened by climate change;

2) include an analysis of any ongoing or future asset development and acquisition activities, which analysis is to: a) identify any planned or anticipated major acquisitions or developments and any potential increases or changes in asset development or acquisitions that may occur as a result of local zoning ordinances and regulations; and b) provide an assessment as to whether, how, and to what extent any major future asset developments or acquisitions, particularly in riparian or coastal flood zones and other low-lying areas, will be impacted by the climate change-related threats and vulnerabilities identified in the HMP;

3) include a list of critical facilities, utilities, roadways, and other types of infrastructure that are necessary for evacuation purposes or for sustaining quality of life during a natural disaster; identify the specific climate change-related threats and vulnerabilities that are likely to affect each type of infrastructure, particularly when located in a riparian or coastal flood zone or other low-lying area; and include a plan to ensure that such infrastructure is maintained, at all times, in an operational state;

4) include an environmental justice assessment that evaluates whether, how, and to what extent, the existing and future climate change-related threats, vulnerabilities, and hazards and the current and future effects of climate change on system assets and critical infrastructure, as identified pursuant to the bill, will be likely to have, or have already had, a disparate impact on minority, low-income, or other historically disadvantaged or marginalized communities within the State or county, particularly with respect to flooding and the development of heat islands;

5) include an assessment as to whether, how, and to what extent, identified climate change-related threats and vulnerabilities will impact the State’s or county’s ability, over time, to successfully implement other components of its HMP;

6) describe the proactive and preventive means, methods, strategies, procedures, protocols, and design and building standards that will be used by the State or county, as the case may be, to eliminate or reduce climate change-related threats and vulnerabilities, to avoid the hazardous impacts of climate change, particularly in riparian or coastal flood zones and other low-lying areas, and to prevent and remediate the potential and actual disparate impacts of climate change on minority, low-income, and other historically disadvantaged or marginalized communities; and

7) describe the means, methods, strategies, procedures, protocols, and design and building standards that will be used by the State or county, as the case may be, to promptly and effectively respond to and mitigate, remediate, or off-set the hazardous effects of climate change occurring in the State or county, as appropriate, particularly in riparian or coastal flood zones and other low-lying areas.

The bill requires the climate change-related components of a State or county HMP to be based on the most recent natural hazard projections and best available science from the State Department of Environmental Protection.

The bill further requires the provisions of a floodplain management plan, emergency response plan, post-disaster recovery plan, capital improvement plan, or similar plan, which is adopted or revised by the State or a county on or after the date the bill is enacted into law, to be consistent with, and to reflect, the climate change-related components of the applicable State or county HMP.