Bill Text: NJ S4186 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires DEP to evaluate cumulative impact of stormwater when reviewing applications associated with warehouse and other high-density development projects.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-12-04 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S4186 Detail]
Download: New_Jersey-2022-S4186-Introduced.html
Sponsored by:
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires DEP to evaluate cumulative impact of stormwater when reviewing applications associated with warehouse and other high-density development projects.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the evaluation of stormwater impacts from warehouse and other high-density development 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. As used in this section:
"Development" means the same as the term is defined in section 3.1 of P.L.1975, c.291 (C.40:55D-4).
"High-density development" means a development proposed at a greater concentration of density or intensity of land use than authorized within the area, section, or sections, under the current master plan and development regulations.
"Stormwater" means the same as the term is defined in section 3 of P.L.2019, c.42 (C.40A:26B-3).
"Warehouse" means a building that stores cargo, goods, or products of any type on a short-term or long-term basis for later distribution to wholesale or retail customers, and includes, but is not limited to, a distribution center, flex-warehouse, or any other type of warehouse.
"Watershed" means the same as the term is defined in section 3 of P.L.1997, c.261 (C.58:29-3).
b. Notwithstanding any other law, or rule or regulation adopted pursuant thereto, to the contrary, whenever the Department of Environmental Protection reviews an application for a permit, authorization, or any other type of approval from the department that, if approved, would allow the development of a warehouse or other high-density development, the department shall evaluate the cumulative impact of stormwater that would result from the construction of the warehouse or other high-density development. When evaluating the cumulative impact of stormwater pursuant to this subsection, the department shall:
(1) consider the stormwater impacts that would result from the development on property located within: the municipality in which the development would be located; any adjoining municipalities, whether located in the same county as the proposed development or in an adjacent county; and the watershed in which the property is located; and
(2) ensure that stormwater shall be managed to, at a minimum:
(a) induce water recharge into the ground where practical;
(b) minimize offsite stormwater runoff in order to not impact property located in an adjacent municipality;
(c) maintain the integrity of stream channels for their biological functions, as well as for drainage; and
(d) to prevent, to the greatest extent feasible, an increase in nonpoint pollution in the watershed in which the proposed development would occur.
2. This act shall take effect immediately.
STATEMENT
This bill would require the Department of Environmental Protection (DEP) to evaluate the cumulative impact of stormwater when reviewing applications for permits, authorizations, or other approvals for applications that, if approved, would result in the construction of a warehouse or other high-density development project.
The DEP would be required to consider the stormwater impacts that would result from the development on property located within the municipality in which the development would be located, any adjoining municipalities, and the watershed in which the property is located. The DEP would also be required to ensure that stormwater be managed to, at a minimum: (a) induce water recharge into the ground where practical; (b) minimize offsite stormwater runoff in order to not impact property located in an adjacent municipality; (c) maintain the integrity of stream channels for their biological functions, as well as for drainage; and (d) prevent, to the greatest extent feasible, an increase in nonpoint pollution in the watershed in which the proposed development would occur.
The development of warehouses, and other high-density development, often results in environmental, land use, traffic, economic, fiscal, and social equity effects in municipalities adjacent to the one in which the development is located. The construction of such development facilities has, at times, resulted in significant negative regional impacts. This bill is intended to ensure that any stormwater resulting from intense development is carefully scrutinized, not only for its impacts on the municipality in which the development is located, but also adjoining municipalities and the watershed as a whole.
