A2621

An Act concerning municipal flood management assistance and supplementing Title 58 of the Revised Statutes.

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

1. a. As used in this section:

"Department” means the Department of Environmental Protection.

"Dike" means a low wall or embankment built to prevent flooding from the sea.

"Flood mitigation" means methods used to reduce or prevent the detrimental effects of flood waters.

"Permeable pavements" means any surface made of porous material such as porous asphalt or pervious concrete that enables stormwater to flow through it.

"Polder" means a lowland tract reclaimed from a body of water, often the sea, by the construction of dikes, to prevent re-entry of seawater at high tide.

"Weir" means a concrete or masonry structure that is constructed across an open channel of water to change or obstruct water flow characteristics.

"Stormwater management basin" means the same as the term is defined in section 1 of P.L.2024, c.80 (C.13:1B-15.172).

b. The Department of Environmental Protection shall establish a grant program to provide flood management assistance to municipalities in the State. The purpose of the program shall be to assist municipalities mitigate costs associated with flooding in the aftermath of storms.

c. The program shall be established in the department, in consultation with the Department of Transportation, and shall provide assistance with flood risk assessments, mitigation measures, emergency preparedness, public awareness of flood mitigation measures, and sustainable flood mitigation landscaping features.

d. The department shall:

(1) develop guidelines and procedures for the submission of applications by municipalities to receive a grant from the program;

(2) establish criteria by which municipalities may qualify for the program;

(3) determine prioritization methods for assistance to municipalities in the greatest need, such as for flood mitigation projects located in overburdened communities;

(4) designate acceptable uses for grant funds; and

(5) select recipients for grant awards under the program.

e. In establishing the grant program pursuant to this section, the department shall:

(1) require the recipient of a grant to report to the department information relating to its use of grant funds under the program; and

(2) submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), the Legislature, during each year in which a grant is awarded, on the grants awarded under the program and the effectiveness of the grant program in accomplishing the purposes enumerated in subsection c. of this section.

2. a. The grants awarded pursuant to the program by the department shall:

(1) provide tools and resources for municipalities to identify high-risk flood areas;

(2) support structural and non-structural solutions to reduce flood impacts;

(3) equip municipalities with training, tools, and protocols for flood emergencies;

(4) educate communities about flood hazards, sea level rise, and emergency preparedness strategies; and

(5) encourage land-use planning that minimizes flood risks, reduces storm surge damage, and promotes resilient infrastructure.

b. In order to achieve grant program objectives, the department shall develop tools for risk assessment, planning, and infrastructure development to support municipalities, including, but not limited to:

(1) geographic information system-based flood, storm surge, and coastal barrier mapping tools;

(2) vulnerability assessment assistance systems;

(3) technical assistance to inform municipalities of how flood and hazard mitigation strategies might be integrated into plans for local land development, coastal management, and watershed protection; and

(4) funding and design assistance for sustainable stormwater management systems, such as retention basins, living or nature-based shorelines, dikes, coastal barriers, stormwater management basins, polders, weirs, and permeable pavements.

3. The Commissioner of Environmental Protection shall include in the annual budget request of the Department of Environmental Protection submitted for the annual appropriations act a sufficient sum to carry out the purposes and objectives of this act.

4. The department may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to establish and implement the grant program.

5. This act shall take effect immediately.

STATEMENT

This bill would direct the Department of Environmental Protection (DEP) to establish a program to provide grants to municipalities to address storm flooding, in consultation with the Department of Transportation.

The program would establish a grant program for municipalities to assist with flood risk assessments, flood mitigation measures, emergency preparedness, public awareness, and sustainable development. With available information and data about municipal level of need, the DEP would develop guidelines and procedures for the submission of applications by municipalities to receive a grant from the program, establish criteria by which municipalities may qualify for the program, determine prioritization methods for assistance to municipalities in the greatest need, such as for flood mitigation projects located in overburdened communities, designate acceptable uses for grant funds, and select recipients for grant awards under the program. Through the grant program, the department will provide tools and resources to allow municipalities to identify high-risk flood areas, support structural and non-structural solutions to reduce flood impacts, equip municipalities with training, tools, and protocols for flood emergencies, and encourage land-use planning that minimizes flood risks and promotes resilient infrastructure. These tools, resources, protocols, and supports may include geographic information system-based mapping tools (such as the DEP’s flood indicator map), vulnerability assessments, available resources on sources of sea level rise, flood hazard, and flood management planning, technical assistance, and funding for design of sustainable stormwater management systems (such as retention basins, living or nature-based shorelines, dikes, coastal barriers, stormwater management basins, polders, weirs, and permeable pavements).

Under the bill, the DEP would determine the application procedures and criteria for evaluating applications. The DEP would include in the annual budget request a sufficient sum to carry out the purposes and objectives of the act. Municipalities would be required to submit reports to the DEP relating to its use of grant funds and progress in achieving its goals. Additionally, the DEP would file an annual report with the Governor and Legislature on the effectiveness of the grant program in accomplishing its flood management objectives.