ASSEMBLY, No. 1205
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman DALTON
An Act concerning water supply management, and amending P.L.1981, c.262 and P.L.1981, c.277.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 4 of P.L.1981, c.262 (C.58:1A-4) is amended to read as follows:
4. a. Upon a finding by the commissioner that there exists or impends a water supply shortage of a dimension which endangers the public health, safety, or welfare in all or any part of the State, the Governor is authorized to proclaim by executive order a state of water emergency. The Governor may limit the applicability of any state of emergency to specific categories of water supplies or to specific areas of the State in which a shortage exists or impends.
In declaring a state of water emergency, the Governor shall prohibit the transportation of any ground or surface water to any area of the State which is located more than 10 miles north of the boundary of the Pinelands National Reserve. As used in this subsection, "Pinelands National Reserve" means the approximately 1,000,000 acre area so designated by section 502 of the "National Parks and Recreation Act of 1978" (P.L.95-625), and generally depicted on the map entitled "Pinelands National Reserve Boundary Map" numbered NPS/80,011A and dated September 1978.
b. The department shall[, within 180 days of the effective date of this act,]adopt an Emergency Water Supply Allocation Plan as a rule and regulation. This plan shall be utilized as the basis for imposing water usage restrictions during a declared state of water emergency and shall include a priority system for the order in which restrictions would be imposed upon the various categories of water usage.
c. During the duration of a state of water emergency the commissioner, to the extent not in conflict with the prohibition provided in subsection a. of this section or applicable Federal law or regulation, but notwithstanding any State or local law or contractual agreement, shall be empowered to:
(1) Order any person to reduce by a specified amount the use of any water supply; to make use of an alternate water supply where possible; to make emergency interconnections between systems; to transfer water from any public or private system; or to cease the use of any water supply;
(2) Order any person engaged in the distribution of any water supply to reduce or increase by a specified amount or to cease the distribution of that water supply; to distribute a specified amount of water to certain users as specified by the commissioner; or to share any water supply with other distributors thereof;
(3) Establish priorities for the distribution of any water supply;
(4) Adopt rules and regulations as are necessary and proper to carry out the purposes of this section; and
(5) Direct any person engaged in the retail distribution of water to impose and collect a surcharge on the cost of that water as a penalty for the violation of any order to reduce water usage issued pursuant to this subsection. The disposition of all sums collected pursuant to this subsection shall be as provided by law; and
(6) Otherwise implement the Emergency Water Supply Allocation Plan adopted pursuant to subsection b. of this section.
Any order issued by the commissioner pursuant to this subsection shall be based upon fair compensation, reasonable rate relief and just and equitable terms, to be determined after notice and hearing which may occur subsequent to the order and compliance therewith.
d. During the existence of a state of water emergency, the Governor may order the suspension of any laws, rules, regulations, or orders of any department or agency in State Government or within any political subdivision which deal with or affect water and which impede [his] the ability of the Governor to alleviate or terminate a state of water emergency.
The powers granted to the Governor under this subsection shall not apply or otherwise extend to the provisions of section 1 of P.L.1981, c.277 (C.58:1A-7.1).
e. Any aggrieved person, upon application to the commissioner, shall be granted a review of whether the continuance of any order issued by the commissioner pursuant to this section is unreasonable in light of then prevailing conditions of emergency.
f. During a state of water emergency the commissioner may require any other department or other agency within State Government to provide information, assistance, resources, and personnel as shall be necessary to discharge [his] the functions and responsibilities of the commissioner under this act, rules and regulations adopted hereunder, or applicable Federal laws and regulations.
g. The powers granted to the Governor and the commissioner under this section shall be in addition to and not in limitation of any emergency powers now or hereafter vested in the Governor, the commissioner, or any other State department or agency pursuant to any other laws; except that, upon declaring a state of energy emergency, the Governor may supersede any other emergency powers.
h. The state of water emergency declared by the Governor pursuant to this section shall remain in effect until the Governor declares by a subsequent executive order that the state of water emergency has terminated.
(cf: P.L.1981, c.262, s.4)
2. Section 1 of P.L.1981, c.277 (C.58:1A-7.1) is amended to read as follows:
1. The provisions of any law, rule or regulation to the contrary notwithstanding, no person shall transport, or cause to be transported, more than 10 miles outside the boundary of the Pinelands National Reserve, any ground or surface water therefrom; provided, however, that nothing in this section shall prohibit the continued transportation of any such water utilized for public water supply purposes prior to [the effective date of this act] September 8, 1981.
As used in this section, "Pinelands National Reserve" means the approximately 1,000,000 acre area so designated by section 502 of the "National Parks and Recreation Act of 1978" (P.L.95-625), and generally depicted on the map entitled "Pinelands National Reserve Boundary Map" numbered NPS/80,011A and dated September 1978.
The prohibition under this section shall not be superseded by a state of water emergency declared by the Governor pursuant to section 4 of P.L.1981, c.262 (C.58:1A-4).
(cf: P.L.1981, c.277, s.1)
3. This act shall take effect immediately.
STATEMENT
This bill would prohibit the Governor from authorizing the transportation of any Pinelands ground or surface water more than 10 miles north of the boundary of the Pinelands National Reserve during a declared state of water supply emergency.
The Department of Environmental Protection has mandated the implementation of a $168 million water supply initiative for Water Supply Critical Area II (a designated area in Burlington, Camden and Gloucester Counties) to reduce usage of underground water from the Potomac-Raritan-Magothy aquifer system in the Pinelands area by 22 percent. The Tri-County Water Supply Project, a capital project to provide these counties with replacement water from the Delaware River, is slated to be financed by residential users and other ratepayers throughout South Jersey.
Thus, it is the sponsor's view that to suspend the existing prohibition on exporting Pinelands water to assist localities in northern New Jersey affected by the drought would be an affront to the counties and municipalities in South Jersey that have already been mandated by the State to take costly measures to ensure adequate water supplies for their residents.
Accordingly, this bill would prohibit the Governor, in declaring a state of water emergency, from authorizing the transportation of any Pinelands ground or surface water to any area of the State which is located more than 10 miles north of the boundary of the Pinelands National Reserve.
Prohibits Governor from exporting Pinelands ground or surface water to the northern portions of the State during a declared state of water supply emergency.