Bill Text: NJ A4691 | 2022-2023 | Regular Session | Amended


Bill Title: Requires hazard mitigation plans to include climate change-related threat assessments and hazard prevention and mitigation strategies.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Passed) 2024-01-16 - Approved P.L.2023, c.313. [A4691 Detail]

Download: New_Jersey-2022-A4691-Amended.html

[Second Reprint]

ASSEMBLY, No. 4691

STATE OF NEW JERSEY

220th LEGISLATURE

 

INTRODUCED OCTOBER 3, 2022

 


 

Sponsored by:

Assemblywoman  LISA SWAIN

District 38 (Bergen and Passaic)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblywoman  SHANIQUE SPEIGHT

District 29 (Essex)

 

Co-Sponsored by:

Assemblyman McKeon, Assemblywomen Carter, Reynolds-Jackson and Assemblyman Conaway

 

 

 

 

SYNOPSIS

      Requires hazard mitigation plans to include climate change-related threat assessments and hazard prevention and mitigation strategies.

 

CURRENT VERSION OF TEXT

     As amended by the General Assembly on May 25, 2023.

  


An Act concerning the inclusion, in 1[State and county]1 hazard mitigation plans, of climate change-related threat assessments and hazard prevention and mitigation strategies, and supplementing chapter 9 of Appendix A.

 

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

 

     1.    a.  As used in this section 1[, "hazard]: 

     "FEMA" means the Federal Emergency Management Agency.

     2["FEMA community lifelines" means the fundamental services in a community that, when stabilized, enable all other aspects of society to function, and which enable the continuous operation of critical government and business functions and are essential to human health and safety or economic security.]2 

     "Hazard1 mitigation plan" means a plan adopted at the State 2[1,] or2 county 2[,1 or local]2 level which identifies the natural 2[disaster] hazard2 risks and vulnerabilities in the State or locality, describes the hazard mitigation strategies to be used by the State or locality in addressing such risks and vulnerabilities, is approved by the Federal Emergency Management Agency, and is required in order for the State or local government to apply for and obtain certain types of emergency disaster assistance under the federal "Robert T. Stafford Disaster Relief and Emergency Assistance Act," Pub.L.100-707 (42 U.S.C. s.5121 et seq.).

      1"Social vulnerability" means the susceptibility of social groups to the adverse impacts of natural hazards, including disproportionate death, injury, loss, or disruption of livelihood.

     "System asset" means a resource of value requiring protection, which resource can be tangible, such as a building, facility, equipment, activity, or operation, or intangible, such as processes or information.1

     b.    A hazard mitigation plan that is adopted or revised by the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety, or by a county office of emergency management, 2[1local government, or other participating local jurisdiction,1]2 on or after the effective date of this act, shall address the current and future impacts of 1climate change1, identify the specific hazards and risks associated with 1climate change1, and include strategies to prevent and mitigate the 1[hazardous]1 impacts of 1[,]1 climate change 1on the natural hazards identified through the planning process1.  Each hazard mitigation plan shall, at a minimum:

     (1)   identify and analyze the existing and future threats to, and vulnerabilities of, system assets, which threats and vulnerabilities are resulting, or are likely to result, from 1[increasing temperatures, droughts, flooding, hurricanes, sea-level rise, and other]1 natural hazards either caused or worsened by climate change;

     (2)   1[include an analysis of any ongoing or future asset development and acquisition activities, which analysis shall:  (a) identify any planned or anticipated major acquisitions or developments and any potential increases or changes in asset development or acquisitions that may occur as a result of local zoning ordinances and regulations; and (b) provide an assessment as to whether, how, and to what extent the future development, particularly in riparian or coastal flood zones and other low-lying areas, will be negatively impacted by the threats and vulnerabilities identified pursuant to paragraph (1) of this subsection;

     (3)]1  identify the critical facilities, utilities, roadways, and other types of infrastructure 1, including, but not limited to, elements identified and consistent with FEMA community 2[lifelines1] guidance for fundamental essential community functions and services2 in the State 1[or] 2[,1] or2 county, 2[1or local government or other local jurisdiction,1]2 as the case may be, that are necessary for evacuation purposes 1[or],1 for sustaining 2[quality of life] assets and systems that protect life and property2 during a natural disaster1, or for facilitating rapid recovery after a natural disaster1; describe the specific climate change-related threats and vulnerabilities, identified pursuant to paragraph (1) of this subsection, that are likely to affect each type of infrastructure, particularly when located in a riparian or coastal flood zone or other low-lying area; 1[and include a plan to ensure that the identified infrastructure is maintained, at all times, in an operational state;

     (4)]  (3)1 include 1[an environmental justice] a social vulnerability1 assessment that evaluates whether, how, and to what extent, 1[minority, low-income, and other historically disadvantaged or marginalized] socially vulnerable and underserved1 communities within the State 1[or] 2[,1] or2 county, 2[1or local government or other local jurisdiction,1]2 as the case may be, are or may be 2[disparately] disproportionately2 impacted by the existing and future threats, vulnerabilities, and hazards identified pursuant to paragraph (1) of this subsection and the current and future effects of climate change on system assets and critical infrastructure, as identified pursuant to paragraphs (2) and (3) of this subsection.  The 1[environmental justice] social vulnerability1 assessment shall include, but shall not be limited to, an evaluation as to whether, how, and to what extent minority, low-income, and other historically disadvantaged 2, underserved2 or marginalized communities are or may be 2[disparately] disproportionately2 impacted, in particular, by 1natural hazards such as1 increased flooding and the development of heat islands;

     1[(5)] (4)1  include an assessment as to whether, how, and to what extent, the threats and vulnerabilities identified pursuant to paragraph (1) of this subsection will impact the State's 1[or] 2[, a1] or2 county's 2[1, or a local government's or other local jurisdiction's1]2 ability, over time, to successfully implement other components of its hazard mitigation plan;

     1[(6)] (5)1  describe the proactive and preventive means, methods, strategies, procedures, protocols, and design and building standards that will be used by the State 1[or] 2[,1] or2 county, 2[1or local government or other local jurisdiction,1]2 as the case may be, to:  (a) eliminate or reduce the threats and vulnerabilities identified pursuant to paragraph (1) of this subsection; (b) 1[avoid] mitigate1 the hazardous impacts of climate change 2[on]2 1[system assets and critical infrastructure] 2[FEMA community lifelines1]2 , particularly in 1[riparian or coastal flood zones and other low-lying]1 areas 1subject to flooding1; and (c) 1[prevent and remediate] mitigate1 the 1[potential and actual]1 2[disparate] disproportionate2 impacts of 2[climate change] natural hazards2 on 1[minority, low-income, and other historically disadvantaged or marginalized] socially vulnerable1 communities; and

     1[(7)] (6)1  describe the means, methods, strategies, procedures, protocols, and design and building standards that will be used by the State 1[or] 2[,1] or2 county, 2[1or local government or other local jurisdiction1]2 , as the case may be, to promptly and effectively 1[respond to and]1 mitigate1[, remediate,]1 or 2[off-set] offset2 the 1[hazardous]1 effects of 1[climate change] natural hazards1 occurring in the State 1[or] 2[,1] or2 county 2[1, or local government or other local jurisdiction1]2 , as appropriate 2[, particularly in]2 1[riparian or coastal flood zones and other low-lying]1 2[areas 1prone to flooding1]2 .

     c.     The climate change-related assessments and strategies that are incorporated into a hazard mitigation plan, pursuant to this section, shall be based on the most recent natural hazard projections and best available science 1[from the Department of Environmental Protection]1.

     d.    The provisions of a floodplain management plan, emergency 2[response] operations2 plan, post-disaster recovery plan, capital improvement plan, 2[1master plan,1]2 or other similar plan that is adopted or revised by the State 1[or],1 county, 1or local government or other local jurisdiction1 as the case may be, on or after the effective date of this act, shall be consistent with, and shall reflect, the 1[climate change-related components] natural hazard risks1 of the applicable State 1[or] 2[,1] or2 county 2[1, or local1]2 hazard mitigation plan, which have been incorporated therein pursuant to this section.

     e.     The Director of the Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety 2, in consultation with the Department of Environmental Protection,2 may adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as necessary to implement the provisions of this section.

 

     2.    This act shall take effect immediately 2, but shall not apply to planning applications submitted prior to the date of enactment2 .

feedback