Bill Text: NJ S3444 | 2022-2023 | Regular Session | Introduced
Bill Title: Allows certain municipal water systems, under certain circumstances, to use lands preserved for recreation and conservation for drinking water wells and associated treatment equipment or facilities.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2023-07-20 - Approved P.L.2023, c.116. [S3444 Detail]
Download: New_Jersey-2022-S3444-Introduced.html
Sponsored by:
Senator HOLLY T. SCHEPISI
District 39 (Bergen and Passaic)
Senator JOSEPH A. LAGANA
District 38 (Bergen and Passaic)
SYNOPSIS
Allows certain municipal water systems, under certain circumstances, to use lands preserved for recreation and conservation for drinking water wells and associated treatment equipment or facilities.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the use of certain lands acquired or developed by a local unit for recreation and conservation purposes and supplementing Title 13 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of section 13 of P.L.1961, c.45 (C.13:8A-13), section 13 of P.L.1971, c.419 (C.13:8A-31), section 13 of P.L.1975, c.155 (C.13:8A-47), sections 31 through 35 of P.L.1999, c.152 (C.13:8C-31 through C.13:8C-35), section 11 of P.L.2016, c.12 (C.13:8C-53), or any other applicable law, or any rule or regulation adopted pursuant thereto, concerning the conveyance, disposal, or diversion of lands acquired, developed, or held for recreation and conservation purposes, a municipally-owned and operated water utility or authority may use a well for the supply of drinking water and associated treatment equipment or facilities located on lands acquired or developed, by a local government unit, for recreation or conservation purposes and this additional use shall not be deemed to constitute a disposal or diversion of those lands; provided that:
(1) the municipally-owned and operated water utility or authority has a pre-existing well on the land;
(2) there is an exceedance or expected exceedance of a maximum contaminant level for, among other things, perfluorooctanoic acid, or such other contaminant established by the Department of Environmental Protection pursuant to the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.);
(3) as a result of an exceedance or expected exceedance pursuant to paragraph (2) of this subsection, the municipally-owned and operated water utility or authority shall be expressly permitted to install on such lands improvements required to address the exceedance or expected exceedance, as approved, by the Department of Environmental Protection;
(4) no other improvements shall be made to the land except as deemed reasonably necessary, and approved by the Department of Environmental Protection, to address the exceedance of a maximum contaminant level, and any such improvements shall be sited in a manner to minimize disturbance to the environment;
(5) the additional use of the lands shall not substantially inhibit public access to the lands for recreation and conservation purposes or substantially harm the recreation and conservation purposes for which the lands were acquired; and
(6) the governing body of the municipality applies, in writing, to the commissioner setting forth and demonstrating to the Department of Environmental Protection's satisfaction that it meets the criteria set forth in this subsection.
b. Within 45 days after receipt of an application from a governing body of a municipality pursuant to paragraph (6) of subsection a. of this section, the commissioner, after the municipality holds at least one public hearing in the municipality wherein the lands are located, shall grant approval, in writing, to the municipality, if the criteria set forth in subsection a. of this section are met, specifying that this additional use shall not be deemed to constitute a disposal or diversion of the lands.
c. The commissioner may revoke any approval granted pursuant to this section if the facts or findings upon which the approval was based have changed to the extent that the requirements for approval as prescribed in this section are no longer met.
2. This act shall take effect immediately.
STATEMENT
This bill would allow certain municipalities to use a well and associated water treatment facilities on lands acquired or developed for recreation or conservation purposes by a local government unit without the additional use being deemed to constitute a disposal or diversion of those lands requiring certain approvals as well as compensation or reimbursement to the State under various laws and regulations implementing the Green Acres Program, i.e., the State's program for the preservation of lands for recreation and conservation purposes.
Specifically, the bill would allow a municipally-owned and operated water utility or authority to use a well for the supply of drinking water and certain associated treatment equipment or facilities located on lands acquired or developed, by a local government unit, for recreation or conservation purposes provided that:
(1) the municipally-owned and operated water utility or authority has a pre-existing well on the land;
(2) there is an exceedance or expected exceedance of a maximum contaminant level for, among other things, perfluorooctanoic acid, or such other contaminant established by the Department of Environmental Protection (DEP) pursuant to the "Safe Drinking Water Act," P.L.1977, c.224 (C.58:12A-1 et seq.);
(3) as a result of an exceedance or expected exceedance pursuant to paragraph (2) of this subsection, the municipally-owned and operated water utility or authority would be expressly permitted to install on such lands improvements required to address the exceedance or expected exceedance, as approved, by the DEP;
(4) no other improvements will be made to the land except as deemed reasonably necessary, and approved by the DEP, to address the exceedance of a maximum contaminant level, and any such improvements would be sited in a manner to minimize disturbance to the environment;
(5) the additional use of the lands would not substantially inhibit public access to the lands for recreation and conservation purposes or substantially harm the recreation and conservation purposes for which the lands were acquired; and
(6) the governing body of the municipality applies, in writing, to the DEP commissioner setting forth and demonstrating to the DEP's satisfaction that it meets the criteria set forth in this subsection.
Within 45 days after receipt of an application from a governing body of a municipality, the DEP commissioner, after the municipality holds at least one public hearing in the municipality wherein the lands are located, would be required, under the bill, to grant approval, in writing, to the municipality, if the criteria set forth in the bill are met, specifying that this additional use shall not be deemed to constitute a disposal or diversion of the lands. The DEP commissioner may revoke any approval granted pursuant to the bill if the facts or findings upon which the approval was based have changed to the extent that the requirements for approval are no longer met.
Perfluorooctanoic acid (PFOA) is a member of the group of chemicals called per- and polyfluoroalkyl substances (PFAS), used as a processing aid in the manufacture of fluoropolymers used in non-stick cookware and other products, as well as other commercial and industrial uses, based on its resistance to harsh chemicals and high temperatures. PFOA has also been used in aqueous film-forming foams for firefighting and training. It is also found in consumer products such as stain-resistant coatings for upholstery and carpets, water-resistant outdoor clothing, and greaseproof food packaging. Major sources of PFOA in drinking water include discharges from industrial facilities where it was made or used and the release of aqueous film-forming foam. Although the use of PFOA has decreased substantially, contamination is expected to continue indefinitely because it is extremely persistent in the environment and is soluble and mobile in water. In 2018, the Department of Environmental Protection (DEP) adopted amendments to its Safe Drinking Water Act regulations to establish drinking water standards for PFOA at a MCL of 14 parts per trillion.
