ASSEMBLY, No. 5194

STATE OF NEW JERSEY

219th LEGISLATURE

 

INTRODUCED JANUARY 4, 2021

 


 

Sponsored by:

Assemblyman  ROBERT J. KARABINCHAK

District 18 (Middlesex)

Assemblywoman  LISA SWAIN

District 38 (Bergen and Passaic)

Assemblyman  ADAM J. TALIAFERRO

District 3 (Cumberland, Gloucester and Salem)

 

Co-Sponsored by:

Assemblywomen Vainieri Huttle and Jasey

 

 

 

 

SYNOPSIS

     Establishes ranking criteria for certain nonpoint source pollution control grants issued by DEP.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning certain nonpoint source pollution control grants and supplementing P.L.1977, c.74 (C.58:10A-1 et seq.).

 

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

 

     1.    a.  No later than one year after the effective date of this act and to the extent allowable under the federal act, the department shall establish a ranking system for nonpoint source pollution control grants issued pursuant to P.L.1977, c.74 (C.58:10A-1 et seq.), including grants that utilize Corporation Business Tax revenues appropriated pursuant to Article VIII, Section II, paragraph 6, subparagraph (a) of the New Jersey Constitution or federal funds allocated to the State pursuant to 33 U.S.C. s.1329 or 33 U.S.C. s.1384.

     b.    The ranking system shall include, but not be limited to, priority to a project that is located:

     (1) in an area that is served by a stormwater utility established pursuant to P.L.2019, c.42 (C.40A:26B-1 et al.);

     (2) in a municipality that has adopted an ordinance prohibiting the application of lawn fertilizers;

     (3) in an area that has experienced recent economic hardship as a result of nonpoint source pollution limiting the uses of a nearby waterbody; or

     (4) in a municipality that has adopted an ordinance imposing maintenance and inspection requirements on the owners and operators of septic systems, including, but not limited to:

     (a) a maximum duration of one year between inspections of the system;

     (b) authorizing systems to be inspected by the Department of Health; and

     (c) record-keeping requirements.

 

     2.    This act shall take effect immediately.

 

STATEMENT

 

     This bill would require the Department of Environmental Protection (DEP) to establish, to the extent allowable under the federal "Clean Water Act," a ranking system for nonpoint source pollution control grants it issues pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.).

     Under the bill, the ranking system would include, but not be limited to, priority to projects that are located (1) in an area that is served by a stormwater utility, (2) in a municipality that has an ordinance prohibiting the use of lawn fertilizers, (3) in an area that has experienced recent economic hardship because nonpoint source pollution has limited the uses of a nearby waterbody, or (4) in a municipality that has an ordinance imposing maintenance and inspection standards on the owners and operators of septic systems.

     The DEP's current nonpoint source pollution control grant program, known as "The Water Quality Restoration Grant Program," uses Corporation Business Tax revenues appropriated pursuant to Article VIII, Section II, paragraph 6, subparagraph (a) of the New Jersey Constitution and federal funds allocated to the State pursuant to the federal "Clean Water Act."