An Act concerning combined sewer overflows, amending P.L.1976, c.68 and P.L.2007, c.62, 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. (New section) As used in this act:

"Combined sewer overflow" means the discharge of untreated or partially treated stormwater runoff and wastewater from a combined sewer system into a body of water.

"Combined sewer system" means a sewer system designed to carry sanitary wastewater at all times, which is also designed to collect and transport stormwater runoff from streets and other sources, thereby serving a combined purpose.

"Department" means the Department of Environmental Protection.

"Green infrastructure" means infrastructure that mimics natural processes by restoring, preserving, or performing the same function as natural hydrological systems, such as by utilizing the ability of natural systems to absorb water and filter out pollutants. "Green infrastructure" includes, but is not limited to, using permeable pavement to allow the ground to absorb more stormwater, using trees and green roofs to store water or convert it to vapor, and capturing rainwater in cisterns or barrels for later use.

"Green roof" means a roof that includes, among other things, a growth medium and a vegetation layer of drought resistant and hardy plant species, designed to improve stormwater management.

"Permittee" means a person issued, by the department, a combined sewer systems general permit, or any other general permit, required pursuant to the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.) to regulate combined sewer overflows. A "permittee" includes the owner or operator of a combined sewer system.

2. (New section) a. Every permittee shall identify measures to abate or prevent combined sewer overflows, and shall submit to the department, within one year after the date of enactment of this act, a plan for implementing such measures as may be appropriate. The plan shall include consideration of the use of green infrastructure.

b. If a permittee has a capital improvement plan, capital master plan, long-term control plan, or other similar plan, the permittee may, with the permission of the department, submit that plan to the department in lieu of the plan required pursuant to subsection a. of this section, provided that the capital improvement plan, capital master plan, long-term control plan, or other similar plan includes measures to abate or prevent combined sewer overflows, with consideration of the use of green infrastructure.

3. (New section) a. There is created in the Department of Environmental Protection a special non-lapsing fund to be known as the "Combined Sewer Overflow Solutions Fund." There shall be deposited in the fund monies appropriated pursuant to this act, any other appropriations as may be made thereto by law, and any interest or other income earned thereon.

b. Monies in the fund shall be used for the purposes of abating or preventing combined sewer overflows, and shall be distributed as grants to permittees for projects to abate or prevent combined sewer overflows. Priority consideration for the awarding of grants pursuant to this section shall be provided to projects that include green infrastructure. Grants may be awarded only to an eligible permittee for projects developed pursuant to the plan required pursuant to section 2 of this act.

c. The department shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations establishing eligibility, funding policies, and priority ranking criteria for projects that may receive grants from the Combined Sewer Overflow Solutions Fund.

d. (1) At least once each State fiscal year, the Commissioner of Environmental Protection, in consultation with the State Treasurer, shall compile information concerning applications for grants from the Combined Sewer Overflow Solutions Fund. The information shall include a list of the applications received, amounts requested, amounts to be granted, and purposes for which the grants will be used.

(2) The commissioner shall submit to the Legislature a list of projects and approved grant recipients that the department recommends to receive funding from the Combined Sewer Overflow Solutions Fund, based upon the eligibility, funding policies, and priority ranking criteria established by the department pursuant to rules and regulations adopted pursuant to subsection c. of this section.

(3) Monies deposited in the fund shall be appropriated by the Legislature only for grants to permittees for projects that abate or prevent combined sewer overflows, based on recommendations from the Commissioner of Environmental Protection in consultation with the State Treasurer pursuant to paragraph (1) of this subsection.

e. Prior to distribution, monies deposited in the fund shall be held in interest-bearing accounts in public depositories as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer. Interest or other income earned on monies deposited in the fund, and any monies which may be appropriated or otherwise become available for the purposes of the fund, shall be credited to and deposited in the fund for use as set forth in this act.

f. The Commissioner of Environmental Protection shall annually report to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), on expenditures from the Combined Sewer Overflow Solutions Fund and activities of the grant recipients.

4. (New section) There is appropriated from the General Fund to the Combined Sewer Overflow Solutions Fund, established pursuant to section 3 of this act, the sum of $5,000,000.

5. Section 4 of P.L.1976, c.68 (C.40A:4-45.4) is amended to read as follows:

4. In the preparation of its budget, a county may not increase the county tax levy to be apportioned among its constituent municipalities in excess of 2.5% or the cost-of-living adjustment, whichever is less, of the previous year's county tax levy, subject to the following exceptions:

a. The amount of revenue generated by the increase in valuations within the county, based solely on applying the preceding year's county tax rate to the apportionment valuation of new construction or improvements within the county, and such increase shall be levied in direct proportion to said valuation;

b. Capital expenditures, including appropriations for current capital expenditures, whether in the capital improvement fund or as a component of a line item elsewhere in the budget, provided that any such current capital expenditures would be otherwise bondable under the requirements of N.J.S.40A:2-21 and 40A:2-22;

c. (1) An increase based upon emergency temporary appropriations made pursuant to N.J.S.40A:4-20 to meet an urgent situation or event which immediately endangers the health, safety or property of the residents of the county, and over which the governing body had no control and for which it could not plan and emergency appropriations made pursuant to N.J.S.40A:4-46. Emergency temporary appropriations and emergency appropriations shall be approved by at least two-thirds of the governing body and by the Director of the Division of Local Government Services, and shall not exceed in the aggregate 3% of the previous year's final current operating appropriations.

(2) (Deleted by amendment, P.L.1990, c.89.)

The approval procedure in this subsection shall not apply to appropriations adopted for a purpose referred to in subsection d. or f. below;

d. All debt service;

e. (Deleted by amendment, P.L.1990, c.89.)

f. Amounts required to be paid pursuant to (1) any contract with respect to use, service or provision of any project, facility or public improvement for water, sewerage, parking, senior citizen housing or any similar purpose, or payments on account of debt service therefor, between a county and any other county, municipality, school or other district, agency, authority, commission, instrumentality, public corporation, body corporate and politic or political subdivision of this State; and (2) any lease of a facility owned by a county improvement authority when the lease payment represents the proportionate amount necessary to amortize the debt incurred by the authority in providing the facility which is leased, in whole or in part;

g. That portion of the county tax levy which represents funding to participate in any federal or State aid program and amounts received or to be received from federal, State or other funds in reimbursement for local expenditures. If a county provides matching funds in order to receive the federal or State or other funds, only the amount of the match which is required by law or agreement to be provided by the county shall be excepted;

h. (Deleted by amendment, P.L.1987, c.74.)

i. (Deleted by amendment, P.L.1990, c.89.)

j. (Deleted by amendment, P.L.1990, c.89.)

k. (Deleted by amendment, P.L.1990, c.89.)

l. (Deleted by amendment, P.L.2004, c.74.)

m. (Deleted by amendment, P.L.1990, c.89.)

n. (Deleted by amendment, P.L.1990, c.89.)

o. (Deleted by amendment, P.L.1990, c.89.)

p. Extraordinary expenses, approved by the Local Finance Board, required for the implementation of an interlocal services agreement;

q. Any expenditure mandated as a result of a natural disaster, civil disturbance or other emergency that is specifically authorized pursuant to a declaration of an emergency by the President of the United States or by the Governor;

r. Expenditures for the cost of services mandated by any order of court, by any federal or State statute, or by administrative rule, directive, order, or other legally binding device issued by a State agency which has identified such cost as mandated expenditures on certification to the Local Finance Board by the State agency;

s. That portion of the county tax levy which represents funding to a county college in excess of the county tax levy required to fund the county college in local budget year 1992;

t. (Deleted by amendment, P.L.2004, c.74.)

u. Expenditures for the administration of general public assistance pursuant to P.L.1995, c.259 (C.40A:4-6.1 et al.);

v. Amounts in a separate line item of a county budget that are expended on tick-borne disease vector management activities undertaken pursuant to P.L.1997, c.52 (C.26:2P-7 et al.);

w. Amounts expended by a county under an interlocal services agreement entered into pursuant to the "Interlocal Services Act," P.L.1973, c.208 (C.40:8A-1 et al.) entered into after the effective date of P.L.2000, c.126 (C.52:13H-21 et al.) or amounts expended under a joint contract pursuant to the "Consolidated Municipal Service Act," P.L.1952, c.72 (C.40:48B-1 et seq.) entered into after the effective date of P.L.2000, c.126 (C.52:13H-21 et al.);

x. Amounts appropriated in the first three years after the effective date of P.L.2003, c.92 (C.18A:7F-5b et al.) for liability insurance, workers' compensation insurance and employee group insurance;

y. Amounts appropriated in the first three years after the effective date of P.L.2003, c.92 (C.18A:7F-5b et al.) for costs of domestic security preparedness and responses to incidents and threats to domestic security;

z. Expenditures of amounts received pursuant to section 5 of P.L.1981, c.278 (C.13:1E-96).

In the first full year where an existing appropriation or expenditure that is subject to budget limitations is made an exception to budget limitations, a county shall deduct from its final appropriations upon which its permissible expenditures are calculated pursuant to section 2 of P.L.1976, c.68 (C.40A:4-45.2) the amount which the county expended for that purpose during the last full budget year, or portion thereof, in which the purpose so excepted was funded from appropriations in the county budget.

In the first full year where an existing appropriation or expenditure that is not subject to budget limitations is made subject to budget limitations, a county shall add to its final appropriations upon which its permissible expenditures are calculated pursuant to section 2 of P.L.1976, c.68 (C.40A:4-45.2) the amount which the county expended for that purpose during the last full budget year, or portion thereof, in which the purpose so excepted was funded from appropriations in the county budget.

For the purposes of this section, capital expenditures and debt service shall include those expenditures for, or debt arising from, paying the cost of abating or preventing combined sewer overflows, as defined pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2007, c.311, s.18)

6. Section 10 of P.L.2007, c.62 (C.40A:4-45.45) is amended to read as follows:

10. a. (1) In the preparation of its budget the amount to be raised by taxation by a local unit shall not exceed, except as provided in paragraph (2) of this subsection, the sum of new ratables, the adjusted tax levy, and the total of waivers approved pursuant to section 11 of P.L.2007, c.62 (C.40A:4-45.46); provided, however, that in the case of a county, the amount to be raised by taxation shall not exceed the amount permitted by section 4 of P.L.1976, c.68 (C.40A:4-45.4).

(2) A local unit that has not been granted approval for a waiver pursuant to section 11 of P.L.2007, c.62 (C.40A:4-45.46), may add to its adjusted tax levy in any one of the next three succeeding years, the amount of the difference between the maximum allowable amount to be raised by taxation or county purposes tax, as applicable, for the current local budget year pursuant to paragraph (1) of this subsection and the actual amount to be raised by taxation or county purposes tax, as applicable, for the current local budget year.

b. The following exclusions shall be added to the calculation of the adjusted tax levy:

increases in amounts required to be raised by taxation for capital expenditures, including debt service as defined by law; increases in pension contributions and accrued liability for pension contributions in excess of 2.0%; increases in health care costs equal to that portion of the actual increase in total health care costs for the budget year that is in excess of 2.0% of the total health care costs in the prior year, but is not in excess of the product of the total health care costs in the prior year and the average percentage increase of the State Health Benefits Program, P.L.1961, c.49 (C.52:14-17.25 et seq.), as annually determined by the Division of Pensions and Benefits in the Department of the Treasury; and extraordinary costs incurred by a local unit directly related to a declared emergency, as defined by regulation promulgated by the Commissioner of the Department of Community Affairs, in consultation with the Commissioner of Education, as appropriate.

If there are no exclusions, then the amount of the difference shall reduce the adjusted tax levy by that amount. Any cancelled or unexpended appropriation for any exclusion pursuant to this subsection or waiver pursuant to section 11 of P.L.2007, c.62 (C.40A:4-45.46), also shall be deducted from the sum of the exclusions listed in this subsection or directly reduce the adjusted tax levy if there are no exclusions.

For the purposes of this subsection, capital expenditures, including debt service, shall include those expenditures made for the purposes of paying the cost of abatement or prevention of combined sewer overflows, as defined pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2010, c.44, s.9)

7. This act shall take effect immediately.

STATEMENT

This bill would help address pollution caused by combined sewer overflows (CSO) by: (1) establishing certain planning requirements for entities possessing general permits for combined sewer systems; (2) providing an exemption from the property tax levy cap for capital expenditures and debt service of combined sewer overflow abatement and prevention measures; (3) creating a "Combined Sewer Overflow Solutions Fund" in the Department of Environmental Protection (DEP) to fund efforts to abate or prevent CSOs; and (4) appropriating $5 million for that purpose.

An entity issued a general permit for a combined sewer system by the DEP under the New Jersey Pollutant Discharge Elimination System (NJPDES) program pursuant to the "Water Pollution Control Act" to regulate CSOs (a "permittee") would be required to identify measures to abate or prevent CSOs and submit to the DEP, within one year, a plan to implement such measures as may be appropriate, including through the possible use of green infrastructure. If an entity with a combined sewer system general permit has a capital improvement plan, capital master plan, long-term control plan, or other similar plan, the permit holder may, with the department's permission, submit such a plan to the DEP in lieu of a separate plan, provided that the plan includes measures to abate or prevent CSOs and provides for consideration of the use of green infrastructure.

This bill would amend existing law to authorize capital expenditures and debt service, currently exempted from the 2% county and municipal property tax cap, to explicitly include those expenditures for, or debt arising from, payment toward the cost of measures to abate or prevent CSOs.

Finally, the bill appropriates $5 million from the General Fund to the "Combined Sewer Overflow Solutions Fund," established under section 3 of the bill. Funding recommendations would be made by the Commissioner of the DEP and would be submitted to the Legislature, after which monies in the fund would be appropriated by the Legislature.

In some areas of the State, older pipes carry both stormwater and sewage to a treatment plant and these combined pipes fill quickly to capacity when it rains. The combined pipes were designed to allow for sewage to overflow into the water so as to prevent sewage backup in the pipes from spilling into homes and basements. Antiquated combined pipes could be repaired or improved and green infrastructure could be utilized to abate or prevent the damage and health risks of these severe overflows.