Bill Text: NJ A562 | 2010-2011 | Regular Session | Introduced
Bill Title: "Statewide Drought Management Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-01-12 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A562 Detail]
Download: New_Jersey-2010-A562-Introduced.html
STATE OF NEW JERSEY
214th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2010 SESSION
Sponsored by:
Assemblyman JOSEPH CRYAN
District 20 (Union)
Assemblywoman ELEASE EVANS
District 35 (Bergen and Passaic)
SYNOPSIS
"Statewide Drought Management Act."
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the restriction and prohibition of water use during a drought watch, warning or emergency, and amending and supplementing P.L.1981, c.262.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be known and may be cited as the "Statewide Drought Management Act."
2. (New section) As used in the sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Arboretum" means a place where trees, shrubs and plants are cultivated for scientific and educational purposes.
"Athletic field" means a surface used for organized professional or amateur sports, including racing, contained within marked boundary lines or barriers. "Athletic field" shall not include foul, out-of-bounds or out-of-play areas.
"Beneficial use" means use of any water that is necessary to serve essential health, safety and economic needs, including the maintenance of human, animal and plant life.
"Brackish water" means water containing more than 1,000 parts per million of dissolved salts.
"Drought" means a condition of dryness due to lower than normal precipitation, resulting in reduced stream flows, reduced soil moisture or a lowering of the potentiometric surface in wells.
"Drought warning" or "drought warning condition" means a declaration by the commissioner under the department's non-emergency powers prior to a state of water emergency declared by the Governor pursuant to section 4 of P.L.1981, c.262 (C.58:1A-4) calling for action to be taken to reduce the likelihood or impact of any impending drought emergency. Whenever such situations involve a relative lack of precipitation or a lower than normal storage of water supplies, the department may identify the affected region or the State as a whole as being in a "drought warning" condition.
"Drought watch" means a declaration by the department under its non-emergency powers prior to a declared drought warning, informing the public that the department is closely monitoring drought indicators, including precipitation, stream flows, reservoir and ground water levels, and water demands, in order to prepare the public for the likelihood of drought warning conditions, and urging the public to voluntarily reduce its water usage.
"Effective conservation" means use of water at the minimum rate necessary for the intended purpose, in a manner that does not result in the use of water for purposes that are prohibited by P.L. , c. (C. ) (pending before the Legislature as this bill) and in a manner that does not allow application or runoff of water onto areas that are prohibited by P.L. , c. (C. ) (pending before the Legislature as this bill).
"Fresh water" means water withdrawn from a surface water or ground water source, or from a public water system, located within the State other than wastewater or brackish water. "Fresh water" shall not include water collected directly from precipitation in rain barrels, cisterns or similar containers.
"Licensed irrigation contractor" means a person who is engaged in the business of design, installation or repair of irrigation equipment as a source of income.
"Mobile equipment" means public, private or commercial automobile, truck, bus, trailer, cart, wagon, railroad car, camper, boat or other type of similar equipment.
"Newly seeded or sodded grass area" means a grass area from which all growth was eliminated, removed or tilled under and to which new seed or sod was applied within the previous six months by a professional landscaper.
"Nurseries" means facilities which are used to grow or keep plants, trees, shrubs, vines, bulbs, cuttings, grafts, flowering annual plants, aquatic plants, seeds, turf, grass, sod, or tubers for propagation, distribution or sale. "Nurseries" shall include all garden centers and greenhouse operations.
"Paved surfaces" means any surface, such as streets, roads, sidewalks, driveways, garages, parking areas, tennis courts, decks, and patios, which has been covered with concrete, asphalt, tile, wood or other similar materials, but not including walls or vertical surfaces of buildings.
"Professional landscaper" means a person who is engaged in the business of installing or maintaining landscape materials and turfgrass materials.
"Public water system" means a system for the provision to the public of water for human consumption through pipes or other constructed conveyances, if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days out of the year. "Public water system" shall include: (1) any collection, treatment, storage and distribution facilities under control of the operator of such system and used primarily in connection with such system; and (2) any collection or pre‑treatment storage facilities not under such control which are used primarily in connection with such system.
"Region" means any of the drought regions as previously defined by the department to include Central, Coastal North, Coastal South, Northeast, Northwest and Southwest.
"Sand-based athletic field" means an athletic field with a man-made root zone that contains a minimum of 60% of sand, by weight, in the top 4 to 12 inches of the root zone.
"Wastewater" means water which has been previously used for industrial, municipal, domestic or other purpose, and has not been returned to a surface water or groundwater source.
"Water" shall include, but not be limited to, any water from any source including publicly or privately owned surface or groundwater sources 1,1 such as springs, wells, streams, or ponds, including fresh water and brackish water.
"Water purveyor" means any person that owns or operates a public water system.
"Water user" means any individual, corporation, company, partnership, firm, association, municipality, municipal, county or regional utilities authority, municipal water district, joint meeting or any other political subdivision of the State and any state, or interstate agency or federal agency.
3. (New section) The provisions sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall provide additional authority to the State to restrict or prohibit water use during the following drought stages: a drought watch, drought warning, or state of water emergency as declared by the Governor within specific areas of the State pursuant to section 4 of P.L.1981, c.262 (C.58:1A-4), to conserve water, to balance demand with available supplies, and to assure that sufficient water is available to serve essential health, safety and economic needs.
4. (New section) Whenever the department declares a drought watch or a drought warning condition in a region, or the Governor, in consultation with the commissioner, issues an executive order proclaiming a state of water emergency in a region pursuant to section 4 of P.L.1981, c.262 (C.58:1A-4), water usage shall be restricted in that region, including within the service area of any water purveyor for which a source of water is located within a declared drought watch region, drought warning condition region, or region under a state of water emergency, as appropriate, pursuant to the provisions of sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. (New section) The watering of lawns shall be subject to the following water usage restrictions:
a. During a declared drought watch, the department shall conduct educational outreach efforts to residential and commercial consumers on following the best management practices when watering and encourage voluntary reductions in outdoor water use.
b. During a declared drought warning, a system of "odd-even" watering restrictions defined by the department shall be promoted along with increased educational outreach efforts and support of voluntary cutbacks.
c. During a declared state of water emergency, the watering of grass shall be prohibited, except:
(1) Water may be applied to grass areas approved prior to or during the declared state of water emergency as part of a sewage or stormwater treatment system utilizing spray irrigation, which system was approved in a permit issued by the department prior to the Governor's declaration by executive order of a state of water emergency.
(2) Water may be used to establish or maintain existing lawns and newly seeded and sodded grass areas when applied between the hours of 6:00 a.m. and 9:00 a.m. and between 5:00 p.m. and 8:00 p.m. by means of a bucket, can or hand-held hose equipped with an automatic shut-off device, or when applied between the hours of 12:00 a.m. and 6:00 a.m. by any other means designed and operated to ensure effective conservation or equipped with a sprinkler system containing a working rain sensor.
(3) Water may be applied by a professional landscaper to establish and maintain newly seeded and sodded grass areas during working hours by any means designed and operated to ensure effective conservation.
(4) Water may be used by professional landscapers or irrigation contractors for the purpose of testing newly installed or repaired irrigation equipment for a period not to exceed 15 minutes per irrigation zone.
(5) Daily watering following treatment of vegetation with a fertilizer, pesticide or herbicide is allowed for two days only, starting on the date that the fertilizer, pesticide or herbicide is applied. Documentation of the date that the treatment was applied shall be produced upon the request of the appropriate authorities. Watering under this provision is allowed no more often than once every three weeks.
(6) Watering of newly seeded, sodded or dust control areas as part of an approved project that complies with the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.) shall be exempt under the following limits:
(a) The amount of water used shall be minimum necessary to establish and maintain the grass;
(b) The watering is permitted for the first 45 days only, starting on the date of planting or of laying the sod. Documentation of the date of seeding or sodding shall be produced upon request by the appropriate authorities;
(c) The watering may occur only between 6:00 a.m. and 9:00 a.m. and between 5:00 p.m. and 8:00 p.m.;
(d) 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 of laying the sod;
(e) The watering may occur during the working hours if done by a professional landscaper or licensed irrigation contractor by any means to assure effective conservation; and
(f) Fresh water shall be used only when recycled water is not available. There shall be no restriction of watering hours for recycled water.
6. (New section) The watering of athletic fields shall be prohibited, except:
a. Water may be applied to athletic field grass areas approved prior to or during the declared state of water emergency as part of a sewage or stormwater treatment system utilizing spray irrigation, which system was approved in a permit issued by the department prior to the Governor's declaration by executive order of a state of water emergency.
b. Water may be applied to maintain grass tennis courts, by means of a bucket, can, or hand-held hose equipped with an automatic shutoff nozzle, or by means of an irrigation system that is designed and operated to restrict the timing or total volume of water, when applied between the hours of 5:00 p.m. and 9:00 a.m. in a manner that ensures effective conservation.
c. Water may be applied to athletic field grass areas, other than sand-based athletic field grass areas, by a means and in a manner that ensures effective conservation, between 5:00 p.m. and 9:00 a.m. during one night per calendar week, beginning two weeks prior to use of the athletic field for practice, regular season play or other organized use and continuing through the end of the same practice or regular season or other organized use, in accordance with a schedule that has been submitted, at least seven days prior to implementation, to the department, the local law enforcement agency and, if applicable, to the water purveyor from which the water is obtained.
d. Water may be applied to sand-based athletic field grass areas in accordance with a plan approved by the department. Approval of the plan shall be in accordance with the following requirements:
(1) The quantities of water applied shall be measured by means of a volumetric meter, and reports of weekly total water use shall be submitted electronically to the department on a monthly basis during the declared state of water emergency, in a form acceptable to the department.
(2) Water may be applied at an average daily rate that does not exceed 54,300 gallons per acre per week.
(3) Water shall be applied by a means and in a manner that ensures effective conservation.
All meters and meter records shall be made available by the athletic field operator for inspection by representatives of the local law enforcement agency or the department at all times. A copy of the approved plan shall be submitted to the local law enforcement agency and, if applicable, to the water purveyor from which the water is obtained, prior to implementation. Noncompliance by the water user with any term or condition of the approved plan shall cause the plan to be void, and any further use of water under this exception shall be prohibited.
e. Water may be applied to establish and maintain newly seeded or sodded grass areas by means and in a manner that ensures effective conservation.
f. Water may be applied to athletic field nongrass areas to control dust during an athletic event, by means and in a manner that ensures effective conservation, if dust control is necessary to protect health or safety.
g. Water may be used by professional landscapers or for the purpose of testing newly installed or repaired irrigation equipment for a period not to exceed 15 minutes per irrigation zone.
7. (New section) The use of fresh water for irrigation and watering of outdoor gardens, landscaped areas, trees, shrubs, and other outdoor plants shall be prohibited during a declared state of water emergency, except:
a. Fresh water applied by means of a bucket, can, hand-held hose equipped with an automatic shut-off device, or an irrigation system that is designed and operated to restrict the timing or total volume of water and to restrict the application to specific plantings and that ensures effective conservation, when applied between the hours of 12:00 a.m. and 6:00 a.m. and between the hours of 5:00 p.m. and 8:00 p.m. Sources of water, other than fresh water, shall be used to the extent available.
b. Fresh water used by nurseries in accordance with best management practices and by means and in a manner that ensures effective conservation.
c. Fresh water used by public gardens of National, State, or regional significance, or arboretums to preserve specimens, by a means that ensures effective conservation.
d. Fresh water used by a professional landscaper or licensed irrigation contractor during working hours, by a means that ensures effective conservation.
e. Fresh water used, in a manner that ensures effective conservation, to implement revegetation following earthmoving not authorized under the provisions of the "Soil Erosion and Sediment Control Act," P.L.1975, c.251 (C.4:24-39 et seq.), where revegetation is required under an approved erosion and sedimentation control plan adopted under P.L.1975, c.251 or rules and regulations adopted pursuant thereto, to the extent that sources of water, other than fresh water, adequate to supply needs are not available or feasible to use. Revegetation use shall comply with applicable best conservation management practices for revegetation prescribed by the department.
8. (New section) The owner or operator of a golf course shall follow best management practices and implement water conservation and drought management plans submitted and approved by the department pursuant to following requirements:
a. During a declared drought watch, every owner or operator of a golf course shall impose a 5% voluntary reduction of the monthly water allotment in the allocation permit issued by department pursuant to the provisions of sections 6 and 7 of P.L.1981, c.262 (C.58:1A-6 and C.58:1A-7). Every owner or operator of a golf course shall also follow best management practices and implement water conservation and drought management plans as required under their respective diversion permits.
b. During a declared drought warning, every owner or operator of a golf course shall impose a 10% reduction of the monthly water allotment in the allocation permit issued by department. Every owner or operator of a golf course shall also follow best management practices and implement water conservation and drought management plans as required under their respective diversion permits.
c. During a declared state of water emergency, every owner or operator of a golf course may apply water at an average daily rate that does not exceed 80% of the monthly water allotment in the allocation permit issued by department. In addition, every owner or operator of a golf course shall be subject to the following requirements:
(1) The quantities of water applied shall be measured by means of a volumetric meter, and reports of daily total water use shall be submitted to the department on a monthly basis during the declared state of water emergency, in a form acceptable to the department.
(2) Water shall be applied between the hours of 5:00 p.m. and 10:00 a.m.
(3) Meters and meter records shall be made available by the owner or operator of the golf course for inspection by representatives of the local law enforcement agency or of the department at all times.
(4) A copy of the approved drought management plan shall be submitted to the local law enforcement agency and, if applicable, to the water purveyor from which the water is obtained, prior to implementation.
(5) Water may be applied between the hours of 10:00 a.m. and 5:00 p.m. to syringe heat-sensitive grasses in a manner that ensures effective conservation and so that water is applied to no grass area for a period exceeding 15 minutes in any one day.
(6) Water may be used by or under the direction of the golf course superintendent during regular work hours for the purpose of testing newly installed or repaired irrigation equipment for a period not to exceed 15 minutes per irrigation zone.
The owner or operator of a golf course using wastewater may continue to water as normal according to the diversion permit issued by the department and shall not be subject to any prohibitions or water usage restrictions.
9. (New section) The use of any water for washing paved surfaces shall be prohibited, except water may be used:
a. For pre-washing in preparation for recoating and sealing.
b. At the minimum rate necessary for the maintenance of tennis courts composed of clay or similar materials, by means of a bucket, can or hand-held hose equipped with an automatic shutoff nozzle.
c. At the minimum rate necessary for sanitation of the premises of raw or processed food, pharmaceutical or vaccine processing, storage or vending establishments, including restaurants and grocery stores.
d. At the minimum rate necessary for the sanitation of the premises of waste handling, storage, and disposal facilities.
e. At the minimum rate necessary to comply with permit conditions or other regulatory requirements.
10. (New section) The use of any water for ornamental purposes, including fountains, artificial waterfalls and reflecting pools shall be prohibited, except:
a. Fountains or waterfalls may be operated to perform the primary and necessary aeration function for a pond that supports fish and aquatic life.
b. Water may be used to top off ornamental water gardens or fish ponds to the minimum extent necessary to maintain fish and aquatic life.
c. Water may be used to maintain operation of fountains, pools, or waterfalls that support any HVAC system.
11. (New section) a. The use of any water for washing or cleaning of mobile equipment, with the exception of fire engines and vehicles used for the transportation or handling of hazardous materials, shall be prohibited, except that:
(1) The washing of a vehicle at a residence is restricted to Saturdays and Sundays only.
(2) Washing of vehicles performed by a commercial enterprise engaged in car washing is permitted, provided the following requirements are met:
(a) Vehicles shall not be pre-rinsed except with recycled water.
(b) Rinse cycles shall be forty seconds or less per vehicle. This may be accomplished by increasing conveyor speeds.
(c) Additional measures shall be implemented to minimize water use, such as reducing the size of water nozzles whenever possible and plugging all unnecessary out-flows.
(d) All fixtures and equipment shall be inspected for leaks on a daily basis. Necessary repairs shall be made immediately.
(e) Water conservation consciousness shall be encouraged by the Car Wash Operators of New Jersey by the placement of posters and literature where customers and employees will have access to them.
b. Washing of vehicles at car dealerships is permitted, provided the following requirements are met:
(1) Vehicles may only be washed just prior to delivery to customers or prior to placement in display showrooms.
(2) The amount of water used shall be the minimum necessary, and rinse time shall be no longer than two to three minutes.
(3) All hoses shall be leak-free and shall be equipped with a hand-held nozzle that automatically shuts off when released.
(4) Wash or rinse water shall be recycled to the extent practicable.
(5) New vehicles at a dealership may be washed in accordance with the provisions of paragraphs (2), (3), and (4) of this subsection once per month if necessary to preserve the vehicle's finish.
c. Washing of boats at boat dealerships and marinas is permitted, provided the following requirements are met:
(1) Except as set forth in paragraphs (5) and (6) of this subsection, boats may only be washed just prior to delivery to customers or prior to placement in display showrooms.
(2) The amount of water used shall be the minimum necessary, and rinse time shall be no longer than two to three minutes per area washed.
(3) All hoses shall be leak-free and shall be equipped with a hand-held nozzle that automatically shuts off when released.
(4) Wash or rinse water shall be recycled to the extent practicable.
(5) Boat bottoms may be cleaned using a power washer in accordance with paragraphs (2), (3), and (4) of this subsection.
(6) New boats at a dealership may be washed in accordance with paragraphs (2), (3), and (4) of this subsection once per month if necessary to preserve the boat's finish.
(7) Boats at a marina may be washed to remove salt spray and for sanitary reasons.
(8) Marine engines may be flushed with fresh water.
(9) Boats mounted on trailers shall be washed at a commercial car wash.
12. (New section) The serving of water in restaurants, clubs or eating establishments shall be prohibited unless specifically requested by the patron.
13. (New section) The use of any water to fill a family, public or private swimming pool, including but not limited to, outdoor hot tubs, spas, jacuzzis, shall be prohibited, except in the following cases:
a. Newly constructed or installed swimming pools may be filled once upon completion of construction, provided that, if the water is furnished by a water purveyor, its use is approved by that water purveyor.
b. A swimming pool that was drained prior to the declaration of a state of water emergency may be refilled once.
c. A swimming pool that was not drained prior to the declaration of a state of water emergency may not be drained and refilled unless the draining is necessary in order to make structural or other essential repairs, or draining is the only way that the pool may be adequately cleaned for healthy operations.
d. If a swimming pool requires repairs in order to preserve the structural integrity of the pool or its supporting infrastructure, the pool may be drained for repair and subsequently refilled one time only. A person seeking to use water for this purpose shall notify the local police, fire, and public works departments prior to draining the swimming pool to provide notices to authorities and provide for an opportunity for reuse in accordance with paragraph (6) of this subsection.
e. Every reasonable effort shall be made to collect and re-use water drained from a swimming pool, including use by the local fire department or public works department.
f. Adding water to a partially filled swimming pool or "topping" is permitted, provided that the amount of water used is the minimum necessary to maintain the integrity of the pool's circulation and filtration system.
g. Swimming pools may be drained only if absolutely necessary.
14. (New section) The use of water for the flushing of sewers shall be prohibited, except in the following cases:
a. Whenever treated wastewater is used, provided that an appropriate sign is prominently displayed, clearly indicating that the water used is treated wastewater; or
b. Whenever the municipal or county health department deems that sewer flushing is necessary to avert a threat to public health, in which case any type of water may be used.
15. (New section) a. Aquifer pumping tests that use more than 60 gallons per minute for more than 24 hours shall be prohibited, except in the following cases:
(1) The test is necessary for a groundwater remediation project or a NJPDES permit issued by the department pursuant to section 6 of P.L.1977, c.74 (C.58:10A-6) for a groundwater discharge.
(2) The test is necessary for a replacement well for a previously approved, allocated diversion source.
(3) The test is associated with a public water system well necessary to ensure an adequate water supply during a declared state of water emergency.
b. The use of any water that is not for a beneficial use shall be prohibited.
16. (New section) Agricultural water use, including irrigation of food and fiber crops, sod at commercial sod farms, or water use for livestock and other animal operations, shall be exempt from water usage restrictions provided that all such water usage is undertaken in accordance with best management practices.
Water diverted for agricultural use from all sources shall be at the rate of less than 70 gallons per minute. Any diversion of water for agricultural use at a rate of 70 gallons per minute or more shall be authorized by an approved agricultural certification or water use registration pursuant to rules and regulations adopted by the department to administer and enforce the provisions of section 6 of P.L.1981, c.262 (C.58:1A-6).
17. (New section) A water user that violates any provision of sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill), fails to implement the duties and responsibilities imposed by sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill) or impedes or interferes with actions undertaken or ordered under sections 1 through 17 of P.L. , c. (C. ) (pending before the Legislature as this bill), shall be subject to a fine not exceeding $200 or imprisonment not exceeding 30 days, or both, for the first offense, and a fine not exceeding $500 or imprisonment not exceeding 90 days, or both, for each subsequent offense.
18. Section 4 of P.L.1981, c.262 (C.58:1A-4) is amended to read as follows:
4. a. Upon a finding by the commissioner that there exists or impends a water supply shortage of a dimension which endangers the public health, safety, or welfare in all or any part of the State, the Governor is authorized to proclaim by executive order a state of water emergency. The Governor may limit the applicability of any state of emergency to specific categories of water supplies or to specific areas of the State in which a shortage exists or impends.
b. The department shall [, within 180 days of the effective date of this act,] adopt an Emergency Water Supply Allocation Plan as a rule and regulation. This plan shall be utilized as the basis for imposing water usage restrictions during a declared state of water emergency and shall include a priority system for the order in which restrictions would be imposed upon the various categories of water usage.
c. During the duration of a declared state of water emergency the commissioner, to the extent not in conflict with applicable [Federal] federal law or regulation but notwithstanding any State or local law or contractual agreement, shall be empowered to:
(1) Order any person to reduce by a specified amount the use of any water supply; to make use of an alternate water supply where possible; to make emergency interconnections between systems; to transfer water from any public or private system; or to cease the use of any water supply;
(2) Order any person engaged in the distribution of any water supply to reduce or increase by a specified amount or to cease the distribution of that water supply; to distribute a specified amount of water to certain users as specified by the commissioner; or to share any water supply with other distributors thereof;
(3) Establish priorities for the distribution of any water supply;
(4) Adopt rules and regulations as are necessary and proper to carry out the purposes of this section; [and]
(5) Direct any person engaged in the retail distribution of water to impose and collect a surcharge on the cost of that water as a penalty for the violation of any order to reduce water usage issued pursuant to this subsection. The disposition of all sums collected pursuant to this subsection shall be as provided by law; and
(6) Otherwise implement the Emergency Water Supply Allocation Plan adopted pursuant to subsection b. of this section.
Any order issued by the commissioner pursuant to this subsection shall be based upon fair compensation, reasonable rate relief and just and equitable terms, to be determined after notice and hearing which may occur subsequent to the order and compliance therewith.
d. During the existence of a declared state of water emergency, the Governor may order the suspension of any laws, rules, regulations, or orders of any department or agency in State Government or within any political subdivision which deal with or affect water and which impede [his] the Governor's ability to alleviate or terminate a state of water emergency.
e. Any aggrieved person, upon application to the commissioner, shall be granted a review of whether the continuance of any order issued by the commissioner pursuant to this section is unreasonable in light of then prevailing conditions of emergency.
f. During a declared state of water emergency the commissioner may require any other department or other agency within State Government to provide information, assistance, resources, and personnel as shall be necessary to discharge [his] the commissioner's functions and responsibilities under [this act] the provisions of P.L.1981, c.262 (C.58:1A-1 et seq.), rules and regulations adopted [hereunder] pursuant thereto, or applicable [Federal] federal laws and regulations.
g. The powers granted to the Governor and the commissioner under this section shall be in addition to and not in limitation of any emergency powers now or hereafter vested in the Governor, the commissioner, or any other State department or agency pursuant to any other laws; except that, upon declaring a state of energy emergency, the Governor may supersede any other emergency powers.
h. The state of water emergency declared by the Governor pursuant to this section shall remain in effect until the Governor declares by a subsequent executive order that the state of water emergency has terminated.
(cf: P.L.1981, c. 262, s.4)
19. 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] P.L.1981, c.262 (C.58:1A-1 et seq.);
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;
f. Standards and procedures governing the maintenance of adequate capacity by, and withdrawal limits for, water purveyors.
(cf: P.L.1981, c.262, s.5)
20. This act shall take effect immediately.
STATEMENT
The bill establishes Statewide guidelines for the use of water during a declared drought watch, drought warning, or state of water emergency. The bill establishes the allowable exceptions for water use during such drought stages and defines penalties for noncompliance.
Specifically, the bill sets forth restrictions and conditions for:
· watering of lawns;
· watering of athletic fields;
· the use of fresh water for irrigation and watering of outdoor gardens, landscaped areas, trees, shrubs and other outdoor plants;
· golf courses;
· washing paved surfaces;
· the use of water for ornamental purposes, including fountains, artificial waterfalls and reflecting pools;
· washing or cleaning of mobile equipment, including the washing of cars at car dealerships and boats at boat dealerships and marinas;
· serving of water in restaurants, clubs or eating establishments;
· the filling of pools;
· the flushing of sewers;
· aquifer pumping tests; and
· agricultural use.
For a first offense, a water user would be subject to a fine not exceeding $200 or imprisonment not exceeding 30 days, or both, for the first offense, and a fine not exceeding $500 or imprisonment not exceeding 90 days, or both, for each subsequent offense.
