A5191

An Act establishing a highway litter mitigation pilot program and a flood mitigation pilot program on State highways in certain cities and making an appropriation.

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

1. a. As used in this section:

“Debris removal” means the process of removing debris or other materials, including, but not limited to, garbage and rubble from construction or demolition, and other similar products.

“Department” means the Department of Transportation.

“Geographical area” means the area within the geographical perimeters of the City of Jersey City, the City of Camden, and the City of Atlantic City.

“Graffiti removal” means the process of removing unauthorized markings, words, or designs from a surface, including, but not limited to, removal through the process of painting over the unauthorized markings, chemical and solvent removers, abrasive equipment, or pressure washing.

“Sewage cleanout” means the removal of any clogs that may occur from litter or other factors from the State’s drainage system.

b. The Department of Transportation shall establish a five year highway litter mitigation pilot program to mitigate highway litter on State highways in the City of Jersey City, the City of Camden, and the City of Atlantic City. Before implementing the highway litter mitigation pilot program, the department shall survey and record the current condition of debris, litter, and graffiti of all State highways within each geographical area, in cooperation with the relevant city sanitation department.

c. As part of the highway litter mitigation pilot program, the department shall, on a quarterly basis, perform at a minimum for all State highways located within each geographical area:

(1) debris removal;

(2) sewage cleanout; and

(3) graffiti removal.

d. When implementing the highway litter mitigation pilot program, the department shall consider:

(1) posting road signs about the penalties for littering on State highways within each geographical area;

(2) providing additional recycling and garbage cans at certain locations, as determined by the department with the cooperation of local city officials, within each geographical area; and

(3) advertising information for volunteer-led debris removal, graffiti removal, and sewage cleanout opportunities organized by the department or a nonprofit organization, as determined by the department, in each geographical area on the department’s Internet website.

e. (1) The department shall document each quarterly debris removal, sewage cleanout, and graffiti removal required pursuant to subsection c. of this section, in either an electronic or written report to be provided in the report prepared and submitted pursuant to subsection f. of this section. The report of each quarterly debris removal, sewage cleanout, and graffiti removal shall include, at a minimum:

(a) the general cost of each quarterly debris removal, sewage cleanout, and graffiti removal, including the cost of labor; and

(b) the estimated amount of debris collected.

(2) In the event of each sewage cleanout, the department shall also include in the report the composition of any clogs cleared by the sewage cleanout.

f. Within six months of the completion of the highway litter mitigation pilot program, the department shall prepare a written report that includes:

(1) the department’s determination of the effectiveness of the pilot program;

(2) a before-and-after study of the litter on State highways within the geographical areas, including a yearly comparison of debris removal, sewage cleanout, and graffiti removal;

(3) all reports made for the quarterly debris removals, sewage cleanouts, and graffiti removal;

(4) any additional program aspects implemented by the department, including the considerations outlined in subsection d. of this section; and

(5) recommendations on whether to implement a permanent highway litter mitigation program Statewide.

The report required pursuant to this subsection shall be submitted to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.

2. a. As used in this section:

“Department” means the Department of Transportation.

“Flood risk roads” means roads that are likely to flood, as determined by the Department of Transportation, in the geographical area.

“Geographical area” means the area within the geographical perimeters of the City of Jersey City, the City of Camden, and the City of Atlantic City.

b. The Department of Transportation shall establish a five year flood mitigation pilot program to mitigate the flooding of roads in the City of Jersey City, the City of Camden, and the City of Atlantic City. Before implementing the flood mitigation pilot program, the department shall survey all roads within each geographical area and determine which roads are most prone to flooding.

c. The flood mitigation pilot program shall identify and implement in each geographical area:

(1) temporary flood mitigation solutions for flood risk roads; and

(2) improvements to drainage structures, slopes, berms, and ditches that are prone to flooding and, if possible, implement temporary improvements to such drainage structures, slopes, berms, and ditches.

d. In determining flood mitigation solutions under this pilot program, the department shall consult the most current federal guidelines on flood risk management standards.

e. The department shall maintain a record of:

(1) each temporary flood mitigation solution used for flood risk roads in the geographical area, including a record of the actual costs of temporary implementation, any anticipated costs of permanent implementation, including materials and labor, and the success rate of each solution;

(2) each improvement to drainage structures, slopes, berms, and ditches that are prone to flooding; and

(3) a list of any highways, drainage structures, slopes, berms, and ditches that need repair or improvements to become more flood-resistant.

f. Within six months of the completion of the flood mitigation pilot program, the department shall prepare a written report that shall include:

(1) findings on all flood mitigation solutions implemented pursuant to subsection c. of this section;

(2) the list of any highways, drainage structures, slopes, berms, and ditches that need repair or improvements to become more flood-resistant, as collected pursuant to paragraph (3) of subsection e. of this section;

(3) the department’s determination of the effectiveness of the pilot program, including a cost-benefit analysis of each flood mitigation solution; and

(4) recommendations on which, if any, flood mitigation solutions to implement Statewide.

The report required pursuant to this subsection shall be submitted to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature.

3. There is appropriated $1,000,000 from the General Fund to the Department of Transportation to defray all of the costs incurred by the department to implement this act. The funds shall be divided equally to each pilot program established pursuant to sections 1 and 2 of this act.

4. This act shall take effect take effect on the first day of the sixth month after enactment and section 1 shall expire upon submission of the report required to be prepared and submitted pursuant to subsection f. of section 1 and section 2 shall expire upon submission of the report required to be prepared and submitted pursuant to subsection f. of section 2 of this act.

STATEMENT

This bill requires the Department of Transportation (department) to establish a five-year highway litter mitigation pilot program and a five-year flood mitigation pilot program in the City of Jersey City, the City of Camden, and Atlantic City (the geographical areas).

Highway Litter Mitigation Pilot Program

The highway litter mitigation pilot program requires the department to perform quarterly debris removal, sewage cleanout, and graffiti removal on all State highways within each geographical area. Before implementing the highway litter mitigation pilot program, the department is required to survey and record the current condition of debris, litter, and graffiti of all State highways within each geographical area, in cooperation with the relevant city sanitation department. Additionally, the department may consider including: posting road signs about the penalties for littering on all State highways within each geographical area; providing additional recycling and garbage cans at certain spots, as determined by the department, within each geographical area; and advertising information for volunteer-led debris removal, graffiti removal, and sewage cleanout opportunities organized by the department or a nonprofit organization, as determined by the department, in the geographical area on the department’s Internet website. The department is required to document each quarterly debris removal, sewage cleanout, and graffiti removal in an electronic or written report. The report of each quarterly debris removal, sewage cleanout, and graffiti removal is required to include, at a minimum: (1) the general cost of each quarterly debris removal, sewage cleanout, and graffiti removal, including the cost of labor; and (2) the estimated amount of debris collected. In the event of each sewage cleanout, the report is required to include the composition of any clogs cleared by the sewage cleanout.

Flood Mitigation Pilot Program

The flood mitigation pilot program is required to identify and implement in each geographical area temporary flood mitigation solutions for flood risk roads; and improvements to drainage structures, slopes, berms, and ditches that are prone to flooding and, if possible, implement temporary improvements to such drainage structures, slopes, berms, and ditches. Before implementing the flood mitigation pilot program, the department is required to survey all roads within each geographical area and determine which roads are most prone to flooding. The department is required to maintain records on: (1) each temporary flood mitigation solution used for flood risk roads in the geographical area, including a record of the actual costs of temporary implementation, any anticipated costs of permanent implementation, including materials and labor, and the success rate of the solution; (2) each temporary improvements to drainage structures, slopes, berms, and ditches that are prone to flooding; and (3) a list of any highways, drainage structures, slopes, berms, and ditches that need repair or improvements to become more flood-resistant. In determining flood mitigation solutions under this pilot program, the department is required to consult any current federal guidelines on flood risk management standards.

Reporting Requirements

Within six months of the completion of the highway litter mitigation pilot program, the department is required to prepare a written report that includes: (1) the department’s determination of the effectiveness of the pilot program; (2) a before-and-after study of the litter on State highways within the geographical areas, including a yearly comparison of debris removals, sewage cleanout, and graffiti removal; (3) all reports made for the quarterly debris removals, sewage cleanouts, and graffiti removal; (4) any additional program aspects implemented by the department; and (5) recommendations on whether to implement a permanent highway litter mitigation program Statewide.

Within six months of the completion of the flood mitigation pilot program, the department is required to prepare a written report that includes: (1) findings on all flood mitigation solutions implemented; (2) the list of any highways, drainage structures, slopes, berms, and ditches that need repair or improvements to become more flood-resistant; (3) the department’s determination of the effectiveness of the pilot program, including a cost-benefit analysis of each flood mitigation solution; and (4) recommendations on which, if any, flood mitigation solutions to implement Statewide.

Both reports are required to be submitted to the Governor and to the Legislature.

Appropriation and Expiration of the Act

This bill appropriates a total of $1 million from the General Fund to the department with the funds being divided as such: $500,000 to the highway litter mitigation pilot program and $500,000 to the flood mitigation pilot program. The pilot programs expire upon submission of the reports.