New Jersey Assembly Bill A427

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24

Caption

Requires DEP and owners of certain reservoirs to implement certain flood control measures; authorizes Office of Emergency Management to order lowering of reservoirs levels in response to severe weather events.

Impact

This legislation aims to streamline the approach toward flood management, requiring reservoir owners to prepare and implement a flood action plan. Notably, these plans must detail design and maintenance strategies for flood gates, thereby increasing the structural integrity and operational readiness of reservoirs during flooding events. Furthermore, regulations will be adopted through the 'Administrative Procedure Act,' enabling public participation through hearings in affected municipalities, fostering greater transparency and accountability in the regulatory process.

Summary

Assembly Bill A427 proposes significant measures to enhance flood control in New Jersey by directing the Department of Environmental Protection (DEP) to identify reservoirs that have a documented history of flooding. The bill mandates a comprehensive assessment of the downstream river or stream capacity, water storage needs, and usage requirements of residents and businesses serviced by these reservoirs. One of the critical mandates of this bill is for the DEP to establish maximum water levels for these reservoirs, ensuring they effectively protect surrounding communities from flooding while meeting adequate supply requirements.

Contention

Another paramount aspect of this bill authorizes the Office of Emergency Management to mandate the lowering of reservoir levels prior to or during severe weather conditions if deemed necessary for public safety. This provision may lead to concerns among reservoir owners about liability and operational control during emergencies. However, the bill also includes indemnification clauses for reservoir owners who comply with these emergency orders, thereby providing a layer of protection against legal claims stemming from the execution of flood plans.

Final_notes

Overall, A427 reflects a proactive approach in addressing flooding risks associated with reservoirs, prioritizing both public safety and environmental management. However, stakeholders, including reservoir owners and local governments, may have differing views on the implications of the bill’s requirements and the balance of authority it delineates between state agencies and local entities.