Sponsored by:
Senator JON M. BRAMNICK
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
Requires DEP to undertake bank stabilization project under certain circumstances; appropriates $10 million.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning erosion control on certain waterways, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Department of Environmental Protection shall immediately conduct, or cause to be conducted, a bank stabilization project for erosion control on a waterway (1) that is experiencing, or, prior to the effective date of this act, has experienced significant erosion resulting in the loss of land or structural damage to residential property, and (2) on which the United States Army Corps of Engineers is conducting, or has conducted, a flood control project upstream of the erosion, regardless of whether the erosion is attributable to the work conducted as part of the United States Army Corps of Engineers flood control project on the waterway.
b. In designing and constructing the bank stabilization project, the department shall consult with the engineer for the municipality in which the property is located and with the homeowners of affected property.
c. Notwithstanding any law, rule, or regulation to the contrary, the department shall expedite any emergency permit authorization for any permit or other authorization required under the “Flood Hazard Area Control Act,” P.L.1962, c.19 (C.58:16A-50 et seq.), or any other law, for a bank stabilization project conducted pursuant to this section.
2. There is appropriated from the General Fund to the Department of Environmental Protection the sum of $10,000,000 for the purposes of designing and constructing a bank stabilization project pursuant to section 1 of this act. If the Commissioner of Environmental Protection determines that additional funding is required for completion of the project, the commissioner shall immediately notify the Joint Budget Oversight Committee and the Director of the Division of Budget and Accounting of the amount of additional funding required.
3. This act shall take effect immediately.
STATEMENT
This bill directs the Department of Environmental Protection (DEP) to immediately conduct, or cause to be conducted, a bank stabilization project for erosion control on a waterway (1) that is experiencing, or, prior to the effective date of this act, has experienced significant erosion resulting in the loss of land or structural damage to residential property and (2) on which the United States Army Corps of Engineers (USACE) is conducting, or has conducted, a flood control project upstream of the erosion, regardless of whether the erosion is attributable to the work conducted as part of that project. The bill directs the DEP to consult with the engineer for the municipality in which the property is located and with the homeowners of affected property in designing and constructing the bank stabilization project. The bill also directs the DEP to provide expedited emergency permit authorization for a bank stabilization project conducted pursuant to the bill. Lastly, the bill appropriates $10 million from the General Fund to the DEP for the purposes of designing and constructing a bank stabilization project pursuant to the bill.