A5992

An Act establishing pilot program for stormwater flood risk management, supplementing Title 58 of the Revised Statutes, and making an appropriation.

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

1. As used in this section:

“Department” means the Department of Environmental Protection.

“Local government unit” means a county or a municipality, or any agency, authority, board, commission, or other instrumentality thereof, any two or more counties or municipalities operating jointly through a joint meeting or interlocal services agreement permitted by law, or any agency, authority, board, commission, or other instrumentality thereof, or any other local or regional entity created by the Legislature as a political subdivision of the State.

“Smart Stormwater Sensor” means a high-technology water detection system built into stormwater infrastructure that may be capable of: (1) monitoring real-time water velocity, water level, or other hydraulic conditions; (2) communication; (3) management; (4) analysis; (5) control; and (6) flood alert notifications. “Smart stormwater sensors” may allow for real time control and telemetry.

“Stormwater” means water resulting from precipitation, including rain and snow, which runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewage or drainage facilities, or conveyed by snow removal equipment.

“Stormwater management system” means any equipment, plant, structures, machinery, apparatus, management practices, design practices, planning activities, or land, or any combination thereof, acquired, used, constructed, implemented, or operated to convey stormwater, control or reduce stormwater runoff and associated pollutants or flooding, induce or control the infiltration of groundwater recharge of stormwater, or eliminate illicit or illegal nonstormwater discharges into stormwater conveyances.

2. a. The Department of Environmental Protection shall establish a three-year pilot program to be known as the “Smart Stormwater Sensor Pilot Program,” through which the department shall issue grants to local government units for the purchase, installation, and operation of smart stormwater sensors in storm drains and flood prone infrastructure.

b. No later than one year after the enactment of this act, the department shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to implement the provisions of this act. The rules and regulations shall require:

(1) stormwater management sensors to monitor water levels in real time;

(2) stormwater management sensors to alert local residents and agencies to possible flood events; and

(3) any other criteria that the department determines to be necessary for the comprehensive implementation of the program.

3. a. The department shall establish a grant application process and transparent eligibility and ranking criteria as part of the program, both of which shall be published on the department’s Internet website no later than one year after the effective date of this act. The department shall issue grants to local government units to partially or fully fund the purchase, installation, and operation of smart stormwater sensors in stormwater management systems, and in other flood prone infrastructure. The department shall determine a maximum amount for a grant awarded pursuant to this section and ensure that grants are distributed to local government units throughout the State.

b. A local government unit that elects to apply for participation in the program shall submit an application to the department before purchasing, installing, or operating the smart stormwater sensors. The application shall, at a minimum, include the following:

(1) the region’s location in a Federal Emergency Management System flood zone;

(2) the region’s location in a State Flood Hazard Area;

(3) the Tidal Climate Adjusted Flood Elevation of the region;

(4) a detailed blueprint of the local government unit’s intended response plan to flood events;

(5) the history and frequency of flooding, including the number of flood incidents resulting in more than one foot of water;

(6) the Height Above Nearest Drainage inundation level of the stormwater management system;

(7) the stormwater management sensor’s sensitivity to increases in total water level rise of variant degrees of severity;

(8) an estimated budget for the design and construction of the stormwater management sensor system; and

(9) any other criteria deemed appropriate by the department.

c. A local government unit shall obtain all necessary permits and other approvals as may be required pursuant to federal, State, or local law, rule, regulation, or ordinance, prior to the construction of a smart stormwater sensor project approved pursuant to this act.

d. A local government unit that installs a smart stormwater sensor pursuant to this act shall be responsible for the ongoing maintenance and operation of the sensors, unless otherwise funded or supported by the department or other entities.

e. Upon receipt of an application, the department shall review the application and, subject to the availability of funds, award a grant to each applicant that the department determines meets the requirements of the program. The department, to the maximum extent practicable, shall equitably distribute grant awards to successful applicants.

f. The department may suspend or revoke a grant approval issued pursuant to this section for a violation of any term or condition of the approval or any provision of this section.

4. a. No later than 36 months after the effective date of this act, and annually thereafter for the duration of the pilot program, the department shall submit a report to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, on the outcomes of the pilot program.

b. The report shall include, but not be limited to:

(1) an evaluation of the effectiveness of the Smart Stormwater Sensor Pilot Program in monitoring water levels and providing timely flood alerts;

(2) a summary of grant recipients and the geographic distribution of installed sensors;

(3) an analysis of challenges encountered during installation, operation, and maintenance;

(4) recommendations for improvements to the program; and

(5) considerations for the potential expansion, or legislation to authorize the permanent adoption of a smart stormwater sensor grant program.

5. There is appropriated from the General Fund to the Department of Environmental Protection the sum of $1,000,000 to carry out the provisions of this act, including the award of grants and outcome reporting required pursuant to sections 3 and 4 of this act.

6. This act shall take effect immediately.

STATEMENT

This bill requires the Department of Environmental Protection (department) to establish the “Smart Stormwater Sensor Pilot Program” through which counties and municipalities may cause to be installed smart sensors in storm drains and flood prone infrastructure. This program aims to reduce flood risks and enhance community preparedness through real-time monitoring and early warning capabilities.

In order to facilitate this pilot program, the bill requires the department to establish a grant program to distribute funding to applicant local government units. A local government electing to participate in the program is to submit to the department an application that meets specific criteria outlined in the bill, including requirements that stormwater management sensors monitor water levels in real time and alert local residents and agencies to possible flood events.

Upon review of applications, and subject to the availability of funds, the department will award grants funds equitably to approved applicants.

Further, the bill requires the department to submit a report to the Governor and the Legislature evaluating the effectiveness of the program in monitoring water levels and providing timely flood alerts; summarizing grant recipients and the geographic distribution of installed sensors; analyzing challenges encountered during installation, operation, and maintenance; recommending program improvements; and providing considerations for the potential expansion or permanent adoption of a smart stormwater sensor program.

The bill appropriates $1 million from the General Fund to the department to implement the provisions of the bill. The appropriation would finance application review, grant awards, and program outcome reports.