LEGISLATIVE FISCAL ESTIMATE TO

SENATE COMMITTEE SUBSTITUTE FOR

SENATE, No. 275

STATE OF NEW JERSEY

DATED: JANUARY 15, 1997

      Senate Committee Substitute for Senate Bill No. 275 of 1996 provides that a county or municipality may remove sediments from a stream pursuant to expedited permit procedures as cited below. The committee substitute also provides additional environmental safeguards for projects where sediments are removed from a stream.

      The committee substitute establishes a 60 day period in which the Department of Environmental Protection (DEP) can respond to a notification of a project which involves sediment removal; no such deadline is presently in effect. The bill also lessens the review period from 30 to 15 days for all other types of stream cleaning projects, and requires that a notice and certification be sent to the DEP after the completion of a stream cleaning activity involving sediment removal.

      Finally, the committee substitute includes provisions that allow local governments to establish a plan for the size and location of flood control facilities. In doing so, the bill requires the DEP, upon application by a local government, to identify the natural streambed of any stream in the municipality that could be subject to routine maintenance to control flooding.

      The Office of Legislative Services estimates that the bill will not fiscally affect local governments because it mostly addresses technical aspects or criteria of stream cleaning that are essentially voluntary in nature (on the part of local governments). With respect to the DEP, the bill's inclusion of sediment removal from streams as a viable cleanup activity by local governments may require the department to perform new duties with respect to review and project oversight. The number and scope of projects initiated by the bill's enactment will ultimately determine whether additional employees and resources will be needed to carry out these functions.

This legislative fiscal estimate has been produced by the Office of Legislative Services due to the failure of the Executive Branch to respond to our request for a fiscal note.

This fiscal estimate has been prepared pursuant to P.L.1980, c.67.