S4140

An Act establishing pilot program for State flood monitoring and rainfall sensing and making an appropriation.

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

1. a. There is established in the Department of Environmental Protection a two-year pilot program to be known as the “Flood Monitoring Pilot Program.” The purpose of the pilot program shall be to facilitate comprehensive, continuous, economical, and responsive flood monitoring systems across the State, particularly in flood-prone areas of the State, in furtherance of State and local flood prevention. Through the program, the Commissioner of Environmental Protection shall collaborate with the Davidson Laboratory at Stevens Institute of Technology in order to oversee Statewide flood monitoring, rainfall sensing, prediction, and analysis.

b. Under the pilot program, the commissioner shall collaborate with Stevens to:

(1) establish three regions of analysis for flood monitoring and rainfall sensing, one in each the northern, central, and southern areas of the State;

(2) install as many flood and rainfall sensors as necessary in each municipality selected as a site for flood and rainfall monitoring through the program, with 10 municipalities in each designated region, and coordinate with local authorities to obtain necessary permissions for the deployment of the sensors by the Davidson Laboratory team;

(3) ensure the appropriate staffing of qualified post-doctorate researchers at the Stevens Institute of Technology, in order to support pilot program operations;

(4) conduct flood risk assessments based on available radar coverage and deployed flood sensors;

(5) report on flood risk and rainfall prediction assessments in each region based on available data;

(6) identify best practices in flood monitoring; and

(7) monitor cost-savings and flood risk reduction realized by sites of flood monitoring or rainfall sensing.

c. Preference for flood monitoring system installation through the pilot program shall be given to municipalities and properties located in flood-prone areas, inundation risk zones, floodways, and flood fringe areas in accordance with the “Flood Hazard Area Control Act,” P.L.1962, c.19 (C.58:16A-50 et seq.).

d. The commissioner, working with Stevens, shall collaborate with municipalities to ensure that monitor and sensor installments comply with municipal zoning ordinances, building codes, land use master plan storm resiliency strategies, land use master plan green building elements, land use master plan environmental sustainability elements, or climate change related hazard vulnerability assessments, in accordance with the “Municipal Land Use Law,” P.L.1975, c.291 (C.40:55D-1 et seq.).

e. Through the pilot program, the commissioner and Stevens Institute for Technology may collaborate with other flood monitoring research organizations and solicit federal funds to support the pilot project. Nothing in this act shall preclude the Department of Environmental Protection from receiving any other public or private funds that may be available for flood monitoring and rainfall sensing program development.

f. No later than six months following the completion of the pilot program, the commissioner shall submit a report on the outcomes of the program to the Governor, and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall contain information on: best practices in flood monitoring; program data; methods and outcomes of data analysis; any cost-savings or flood risk reduction realized by sites of flood monitoring or rainfall sensing; an outline of program revenues and expenditures; and the advisability of the establishment of similar programs on a permanent basis.

2. The Commissioner of Environmental Protection shall, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations as necessary to implement the provisions of this act.

3. There is appropriated from the General Fund to the Department of Environmental Protection the sum of $2,000,000 in order to effectuate the purposes of this act. Of the amounts appropriated, not less than $1,500,000 shall be dedicated to administration and support of the pilot program by Stevens Institute for Technology.

4. This act shall take effect six months following enactment and shall expire two years thereafter.

STATEMENT

This bill establishes a two-year pilot program for Statewide flood monitoring, rainfall sensing, prediction, and analysis, to be implemented by the Davidson Laboratory at Stevens Institute of Technology, and to be known as the “Flood Monitoring Pilot Program.” The purpose of the pilot program shall be to facilitate comprehensive, continuous, economical, and responsive flood monitoring systems across the State, particularly in flood-prone areas of the State, in furtherance of the State and local flood prevention. Flood monitoring and rainfall sensors installed by the lab provide an economical and efficient source of water level and rainfall data to municipalities, which contribute to a comprehensive strategy for State and local flood prevention. Sensors installed by the Davidson Laboratory are low-cost, are powered by solar panels for continuous operation, and connect wirelessly to alarms within properties. Sensors alert residents when water levels begin to rise, providing residents with time to take protective action.

The bill appropriates $2 million from the General Fund to the Department of Environmental Protection, to be credited to Stevens Institute for Technology, in order to effectuate the pilot program. Of the appropriated amounts, $1.5 million are allocated for administration and support of the pilot program by the Davidson Laboratory.

Under the pilot program, the Commissioner of Environmental Protection (commissioner) is to collaborate with the Davidson Laboratory at the Stevens Institute for Technology to establish three regions of analysis for flood monitoring and rainfall sensing, one in each the northern, central, and southern regions of the State. In each municipality selected as a site for flood monitoring and analysis, the Davidson Laboratory shall install as man rainfall sensors as necessary. The Davidson Laboratory shall select 10 municipalities in each designated region, and coordinate with local authorities to obtain necessary permissions for the deployment of the sensors by the team at the Stevens Institute of Technology. The program is also to involve flood risk assessments based on available radar coverage and deployed flood sensors, regional reports on flood risk and rainfall prediction assessment, identification of best practices in flood monitoring, and observation of cost savings and flood risk reduction realized by municipalities.

Preference for flood monitoring system installation is to be given to properties located in flood-prone areas, inundation risk zones, floodways, and flood fringe areas in accordance with the “New Jersey Flood Hazard Area Control Act,” P.L.1962, c.19 (C.58:16A-50 et seq.). The commissioner is directed to collaborate with municipalities to ensure that monitor and sensor installments comply with municipal zoning ordinances, building codes, land use master plan storm resiliency strategies, green buildings and environmental sustainability plan elements, or climate change related hazard vulnerability assessments, in accordance with the “New Jersey Municipal Land Use Law,” P.L.1975, c.291 (C.40:55D-1 et seq.). The commissioner is authorized to consider cooperative efforts across municipalities, collaboration with other flood monitoring research organizations, and the solicitation of federal, public, or private funds that may be available to support the pilot project.

Within six months of the conclusion of the pilot program, commissioner is to report on the outcomes of the program to the Governor and the Legislature. The report is to contain information on best practices in flood monitoring, flood monitoring and rainfall sensing data collected during the program, methods and outcomes of data analysis, any cost savings or flood risk reduction realized by sites of flood monitoring or rainfall sensing, an outline of program revenues and expenditures, and the advisability of the establishment of similar programs on a permanent basis.