An Act concerning water conservation and water supply management, and amending and supplementing P.L.1981, c.262 and amending P.L.2000, c.107.

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

1. (New section) a. The watering of lawns shall be subject to the following water usage restrictions:

(1) The watering of lawns, including the watering of athletic fields, shall be allowed every other day only, on an "odd-even" basis, except under the conditions set forth in subparagraphs (a) through (e) below:

(a) A commercial landscaper shall be allowed to water newly seeded or sodded grassed areas planted in the previous 180 days during normal seasonal working hours, by a means designed and operated to assure effective conservation, provided that:

(i) the watering is performed in accordance with best management practices for watering lawns developed by the Rutgers Cooperative Extension;

(ii) during the initial 45 day grow-in period a sign shall be displayed on the front lawn of the property. The sign shall be at least 34 inches wide by 18 inches high, with lettering large enough to be clearly visible from the nearest road. The sign shall read:

AUTHORIZED LIMITED WATERING OF NEW LAWN

Company Name

Address

Telephone Number; and

(iii) documentation of the planting date shall be produced upon the request of the appropriate authorities.

(b) Testing of a customer's newly installed or newly repaired sprinkler system by a commercial enterprise engaged in the installation or repair of lawn irrigation systems shall be allowed, subject to the following conditions:

(i) the amount of water used shall be the minimum necessary to test the sprinkler system;

(ii) the test shall be limited to a maximum of 15 minutes per sprinkler zone; and

(iii) during the period of the test, a sign shall be displayed on the front lawn of the property. The sign shall be at least 34 inches wide by 18 inches high, with lettering large enough to be clearly visible from the nearest road. The sign shall read:

AUTHORIZED LIMITED TESTING OF SPRINKLER SYSTEM

Company Name

State Certification Number

Address

Telephone Number.

(c) Lawn watering shall be allowed immediately following application by a commercial applicator of fertilizer, pesticide or herbicide, subject to the following conditions:

(i) the amount of water used shall be the minimum necessary to ensure the appropriate absorption of the fertilizer, pesticide or herbicide, and in accordance with the directions of the manufacturer;

(ii) documentation of the date of application shall be produced upon the request of the appropriate authorities;

(iii) the watering shall not exceed 45 minutes per area watered on any one day; and

(iv) this exemption shall only be valid for a single chemical application once every six weeks.

(d) Lawn watering shall be allowed in order to establish and maintain newly laid sod or newly seeded grass associated with new construction, but shall not apply to seeding over existing lawn areas, subject to the following conditions:

(i) the amount of water used shall be the minimum necessary to establish and maintain the grass;

(ii) the watering shall be allowed for the first 45 days only, starting on the date of planting or of laying the sod. Documentation of the date of seed planting or sod laying shall be produced by property owners other than homeowners upon the request of the appropriate authorities, and homeowners shall make a good faith effort to produce this documentation upon the request of the appropriate authority; and

(iii) the watering shall not exceed 45 minutes per area watered on any one day, except that watering may be extended to one hour per area watered on the day that sod is laid.

(e) Lawn watering shall be allowed if it is necessary for the revegetation of land in order to prevent soil erosion following earth-moving activities, subject to the following conditions:

(i) the amount of water used shall be the minimum necessary to accomplish the revegetation;

(ii) the activity is a construction-related project that complies with the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.), or if the project is not subject to the "Soil Erosion and Sediment Control Act," the project is authorized by a construction permit issued by the local municipal authority;

(iii) the watering is limited to the disturbed area; and

(iv) documentation of the planting date shall be produced upon the request of the appropriate authorities.

(2) The watering of lawns, including athletic fields, authorized pursuant to paragraph (1) of this subsection, except as otherwise provided by subparagraphs (a) through (e) of paragraph (1) of this subsection, shall:

(a) be performed in such a way that no impervious surfaces are included in the area watered;

(b) be performed in such a way that no puddling or runoff of water occurs; and

(c) apply to all water users, regardless of whether the water used is drawn from ground or surface water, a public water supplier, or a private well.

b. As used in this section, "odd-even" watering means that watering may occur on odd numbered days on the side of the street with odd numbered addresses, and that watering may occur on even numbered days on the side of the street with even numbered addresses. For locations without street addresses, watering may occur on odd numbered days on streets with names starting in "A" through "M", and watering may occur on even numbered days on streets with names starting in "N" through "Z". For locations where odd numbered addresses and even numbered addresses are located within the same building or structure, watering may occur on odd numbered days on streets with names starting in "A" through "M", and watering may occur on even numbered days on streets with names starting in "N" through "Z".

c. A person who violates any provision of this section shall be subject to a penalty of not less than $500 or more than $1,000. If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense. The Superior Court and every municipal court shall have jurisdiction to enforce this section. The State or any municipality may institute proceedings under this section. If a money judgment is rendered against a defendant, the payment made to the court shall be remitted to the chief financial officer of the municipality wherein the violation occurred, to be used by the municipality to help finance water conservation and water protection activities in the municipality.

d. Nothing in this section shall be construed to limit the authority of the Commissioner of Environmental Protection during a state of water emergency declared pursuant to section 4 of P.L.1981, c.262 (C.58:1A-4).

2. (New section) The commissioner, during times other than a state of water emergency declared pursuant to section 4 of P.L.1981, c.262 (C.58:1A-4), may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations concerning water conservation and water reuse. In developing these rules and regulations, the commissioner shall consult with affected parties as appropriate.

3. Section 5 of P.L.1981, c.262 (C.58:1A-5) is amended to read as follows:

5. The commissioner shall have the power to adopt, enforce, amend or repeal, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) rules and regulations to control, conserve, and manage the water supply of the State and the diversions of that water supply to assure the citizens of the State an adequate supply of water under a variety of conditions and to carry out the intent of [this act] P.L.1981, c.262 (C.58:1A-1 et seq.) . These rules and regulations may apply throughout the State or in any region thereof and shall provide for the allocation or the reallocation of the waters of the State in such a manner as to provide an adequate quantity and quality of water for the needs of the citizens of the State in the present and in the future and may include, but shall not be limited to:

a. A permit system to allocate or reallocate any or all of the waters of the State, which system shall provide for the issuance of permits to diverters of more than 100,000 gallons per day of the waters of the State, containing at a minimum the conditions required by [this act] P.L.1981, c.262 (C.58:1A-1 et seq.) ;

b. Standards and procedures to be followed by diverters to ensure that:

(1) Proper methods are used to divert water;

(2) Only the permitted quantity of water is diverted and that the water is only used for its permitted purpose;

(3) The water quality of the water source is maintained and the water standards for the use of the water are met;

(4) The department is provided with adequate and accurate reports regarding the diversion and use of water;

c. Inspection, monitoring, reporting and enforcement procedures necessary to implement and enforce the provisions of this act;

d. Standards and procedures to be followed to determine the location, extent and quality of the water resources of the State and plan for their future use to meet the needs of the citizens of the State;

e. Standards and procedures to be followed to maintain the minimum water levels and flow necessary to provide adequate water quantity and quality; and

f. Standards and procedures governing the maintenance of adequate capacity by, and withdrawal limits for, water purveyors.

g. Notwithstanding the provisions of any other law to the contrary, the commissioner shall have the authority to omit or modify public notice and other procedural requirements to enable the commissioner to immediately make a final decision on any application for a permit, registration or approval authorized by P.L.1981, c.262 (C.58:1A-1 et seq.) that had been filed with the department on or before January 15, 2002, providing that this application has been considered administratively complete by the
department for a minimum of 180 days.

(cf: P.L.1981, c.262, s.5)

4. Section 1 of P.L.2000, c.107 (C.52:27D-123.13) is amended to read as follows:

1. a. An automatic lawn sprinkler system installed after [the effective date of P.L.2000, c.107 (C.52:27D-123.13)] September 8, 2000 shall be equipped with an automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.

b. (1) Every contract of sale of real property upon which a lawn sprinkler system was installed prior to September 8, 2000 shall include a provision requiring, as a condition of the sale, the installation of an automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred.

(2) Closing of title on the sale of the real property shall not occur unless documentation is provided demonstrating the installation of an automatic rain sensor device or switch as required by paragraph (1) of this subsection. At closing, the buyer and seller both shall certify in writing that the requirements of this subsection have been met.

(cf: P.L.2000, c.107, s.1)

5. This act shall take effect immediately.

STATEMENT

This bill establishes, in statute, a year-round "odd-even" lawn watering restriction. The bill includes exemptions from the "odd-even" lawn watering restriction for the following:

� lawn watering by a commercial landscaper to water newly seeded or sodded grassed areas during normal seasonal working hours;

� the testing of a customer's newly installed or newly repaired sprinkler system by a commercial enterprise engaged in the installation or repair of lawn irrigation systems;

� lawn watering immediately following application by a commercial applicator of fertilizer, pesticide or herbicide;

� lawn watering to establish and maintain newly laid sod or newly seeded grass associated with new construction; and

� lawn watering if it is necessary for the revegetation of land in order to prevent soil erosion following earth-moving activities.

This bill provides that a person who violates the provisions of these water restrictions would subject to a penalty of not less than $500 or more than $1,000. This bill further provides that the State or any municipality may enforce these water restrictions, and provides that if a money judgment is rendered against a defendant, the payment made to the court shall be remitted to the chief financial officer of the municipality wherein the violation occurred, to be used by the municipality to help finance water conservation and water protection activities in the municipality.

This bill provides that the Commissioner of Environmental Protection, during times other than a state of water emergency, may adopt rules and regulations concerning water conservation and water reuse, and requires the commissioner to consult with affected parties as appropriate when developing these rules and regulations.

This bill authorizes the Commissioner of Environmental Protection to omit or modify public notice and other procedural requirements to enable the commissioner to immediately make a final decision on any application for a permit, registration or approval authorized by the "Water Supply Management Act," P.L.1981, c.262, that had been filed with the department on or before January 15, 2002, providing that the application has been considered administratively complete by the department for a minimum of 180 days.

Lastly, this bill also requires that every contract of sale of real property upon which a lawn sprinkler system was installed prior to September 8, 2000 shall include a provision requiring, as a condition of the sale, the installation of an automatic rain sensor device or switch that will override the irrigation cycle of the automatic lawn sprinkler system when adequate rainfall has occurred. P.L.2000, c.107 (C.52:27D-123.13) requires the installation of such a device or switch on lawn sprinkler systems installed after September 8, 2000.