An Act concerning flood control prior to a weather emergency and supplementing Title 58 of the Revised Statutes.

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

1. a. The Department of Environmental Protection shall identify each reservoir in the State that has a documented record of flooding. For each identified reservoir, the department shall study and assess the downstream river or stream capacity and the water storage capacity of the reservoir. The department shall study and assess the water usage needs of the residents and businesses served by the reservoir. In addition, the department shall identify each municipality with a documented record of downstream flooding caused or exacerbated by high reservoir levels.

In identifying each reservoir that has a documented record of flooding, the department shall work in coordination with professionals having training and expertise in Statewide water-resource infrastructure and management needs which may include but not be limited to the United States Geological Survey. On the basis of the results of these studies, the department, by rule or regulation adopted pursuant to subsection b. of this section, shall determine maximum water levels to be maintained at each reservoir in the State.

b. The Department of Environmental Protection, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), shall adopt rules and regulations necessary for the implementation of this act, including, but not limited to, rules and regulations that establish maximum levels for reservoirs throughout the State. The maximum level for each reservoir shall be set at a level that best protects the area surrounding the reservoir against flooding while protecting the safe yield of each reservoir and ensuring the availability of an adequate water supply for the area served by the reservoir. The department shall notify every owner of a reservoir in the State of the adoption of the rules and regulations pursuant to this subsection and shall require every such owner to comply with the provisions of these rules and regulations within 90 days after the adoption thereof.

c. For the purpose of this act, "safe yield" means that maintainable yield of water from a surface or ground water source or sources which is available continuously during projected future conditions, including a repetition of the most severe drought of record, without creating undesirable effects.

2. The results of the study conducted pursuant to section 1 of P.L. , c. (C. )(pending before the Legislature as this bill) shall be submitted to the Office of Emergency Management in the Division of State Police and shall be incorporated into a flood mitigation plan. Utilizing the results of the flood mitigation plan, the Office of Emergency Management, when necessary, may order the water level of any reservoir in the State to be lowered, in a manner prescribed by the office in consultation with the Department of Environmental Protection, prior to or during a severe weather event if such action is determined by the office to be in the general public interest and reasonably necessary to prevent or reduce the severity of flooding. Prior to or during a severe weather event, the Office of Emergency Management and the Department of Environmental Protection when implementing the flood mitigation plan, shall consult with any owner or person having control of a reservoir in the State in making a determination as to whether lowering the water level of a reservoir is an appropriate course of action.

3. This act shall take effect immediately.

STATEMENT

This bill directs the Department of Environmental Protection (DEP) to identify reservoirs in the State with a documented record of flooding. For each identified reservoir, the DEP is directed to study and assess the downstream river or stream capacity and water storage capacity of the reservoir, and to study and assess the water usage needs of the residents and businesses served by the reservoir. The bill requires the DEP to work in coordination with professionals having training and expertise in Statewide water-resource infrastructure and management which may include the United States Geological Survey.

On the basis of the results of these studies, the bill requires the DEP to set the maximum level for each reservoir at a level that best protects the areas surrounding the reservoir against flooding while protecting the safe yield of each reservoir and ensuring an adequate water supply. The bill also directs the DEP to notify each owner of a reservoir of the adoption of these rules and regulations and require compliance within 90 days after their adoption.

Finally, the bill authorizes the New Jersey State Office of Emergency Management in consultation with the DEP to utilize the results of the study to order that the water level of any reservoir in the State be lowered in a manner prescribed by the office prior to or during a severe weather event if the office has made a determination that it is in the general public interest and reasonably necessary to prevent or reduce the severity of flooding. The Office of Emergency Management and the Department of Environmental Protection are to consult with any owner or person having control of a reservoir in the State when making a determination as to whether lowering the level of a reservoir is an appropriate course of action.