Bill Text: NJ A4196 | 2020-2021 | Regular Session | Introduced
Bill Title: Extends time frame for municipalities to adopt municipal stormwater plans and ordinances.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-06-01 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A4196 Detail]
Download: New_Jersey-2020-A4196-Introduced.html
Sponsored by:
Assemblyman GERARD SCHARFENBERGER
District 13 (Monmouth)
SYNOPSIS
Extends time frame for municipalities to adopt municipal stormwater plans and ordinances.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning municipal stormwater management plans and ordinances.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Notwithstanding the provisions of P.L.1981, c.32 (C.40:55D-93 et seq.), the Department of Environmental Protection's Municipal Stormwater Management Planning Rules at N.J.A.C. 7:8-4.1 et seq., or any other law, rule, or regulation establishing a timeframe for a municipality to prepare and adopt a municipal stormwater management plan or stormwater control ordinance, the calculation of the timeframe within which a municipality is required to prepare and adopt a municipal stormwater management plan, stormwater control ordinance, or both, as applicable, shall be suspended as of March 9, 2020 and shall resume on the 120th day after the expiration of a public health emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), or a state of emergency, pursuant to P.L.1942, c. 251 (C.App.A.9-33 et seq.), declared by the Governor in response to COVID-19, whichever is sooner.
2. This act shall take effect immediately.
STATEMENT
This bill would extend the timeframe within which a municipality is required to prepare and adopt a municipal stormwater management plan, stormwater control ordinance, or both, as applicable.
Pursuant to P.L.1981, c.32 (C.40:55D-93 et seq.) and the DEP's Municipal Stormwater Management Planning Rules, at N.J.A.C. 7:8-4.1 et seq., municipalities are required to prepare and adopt stormwater management plans and stormwater control ordinances. Municipalities have one year after certain events (e.g., a deadline established in a New Jersey Pollutant Discharge Elimination System permit obtained by the municipality or a reexamination of the municipal master plan) to prepare and adopt the required stormwater management plan. Municipalities then have an additional year to adopt ordinances to implement the plan. This bill would suspend the calculation of both one year timeframes as of March 9, 2020 and resume the calculation on the 120th day after the expiration of a public health emergency, pursuant to the "Emergency Health Powers Act," P.L.2005, c.222 (C.26:13-1 et seq.), or a state of emergency, pursuant to P.L.1942, c. 251 (C.App.A.9-33 et seq.), declared by the Governor in response to COVID-19, whichever is sooner.
In response to COVID-19, the Governor declared a public health emergency and state of emergency on March 9, 2020 in Executive Order No. 103 (2020) and further issued a "stay at home order" in Executive Order No. 107 (2020) on March 21, 2020. On April 7, 2020, the Governor extended the public health emergency for an additional 30 days in Executive Order No. 119 (2020).
