This bill establishes a process for exempting municipalities from certain fair share affordable housing obligations if they are designated as extensively flood-prone by the Council on Affordable Housing or its successor. The exemption would protect these municipalities from builders' remedy actions that compel housing construction. The bill amends Section 7 of P.L.1985, c.222, allowing the council to exempt municipalities from present and prospective fair share obligations, including any unfulfilled prior round obligations and gap period obligations, based on specific criteria related to flood risk.
Additionally, the bill mandates the Commissioner of Community Affairs, in consultation with the Commissioner of Environmental Protection, to adopt rules and regulations that will guide the determination of these exemptions. These regulations will consider factors such as flood insurance payments, the number of repetitive loss properties, and other relevant data to assess a municipality's flood risk. The rules must be established by the first day of the third month following the bill's enactment, ensuring a timely implementation of the exemption process.
Statutes affected: Introduced: 52:27D-307