Sponsored by:
Assemblyman ANTHONY S. VERRELLI
District 15 (Hunterdon and Mercer)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Directs DEP to develop State water infrastructure investment plan; requires NJ Infrastructure Bank to publish additional information about water infrastructure projects; appropriates $200,000 to NJ Infrastructure Bank.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the State's water infrastructure investment policy, supplementing Title 58 of the Revised Statues and P.L.1975, c.291 (C.40:55D-1 et seq.), and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in sections 1 through 4 of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Department" means the Department of Environmental Protection.
"Intended Use Plans" means the documents prepared annually by the department as follows: (1) the document prepared pursuant to 40 C.F.R. s.35.3150, which identifies intended uses of all funds provided by the State Water Pollution Control Revolving Fund program; and (2) the document prepared pursuant to 40 C.F.R. s.35.3555, which identifies intended uses of all funds provided by the Drinking Water State Revolving Fund program.
"Trust" means the New Jersey Infrastructure Bank created pursuant to section 4 of P.L.1985, c.334 (C.58:11B-4).
"Water infrastructure project" means the acquisition, construction, improvement, repair, or reconstruction of all or part of any structure, facility, or equipment, or real or personal property necessary for or ancillary to any: (1) wastewater treatment system project, including any stormwater management or combined sewer overflow abatement project; or (2) water supply project, as authorized pursuant to P.L.1985, c.334 (C.58:11B-1 et seq.) or P.L.1997, c.224 (C.58:11B-10.1 et al.), including any water resources project, as authorized pursuant to P.L.2003, c.162.
2. a. No later than 12 months after the effective date of this act and no later than June 1 on the sixth year after the effective date of this act and every five years thereafter, the department, in consultation with the trust, and, where appropriate, the Board of Public Utilities and the Department of Community Affairs, shall prepare a State Water Infrastructure Investment Plan, which shall serve as the State s long-term capital investment strategy for upgrading and maintaining the State s drinking water, wastewater, and stormwater infrastructure. The department shall submit the State Water Infrastructure Investment Plan to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1).
b. The State Water Infrastructure Investment Plan shall include, but not be limited to:
(1) an estimate of the annual and long-term capital investment needed for all drinking water, wastewater, and stormwater infrastructure;
(2) an estimate of the amount of average annual capital investment to be made for all drinking water, wastewater, and stormwater infrastructure during the succeeding five years;
(3) an estimate of the actual average annual capital investment made for all drinking water, wastewater, and stormwater infrastructure during the preceding five years;
(4) identification of annual and long-term revenue sources that could overcome any identified gap in funding;
(5) a strategy to coordinate the use of federal, State, and local funding resources;
(6) a system for the prioritization of all of the capital projects necessary to meet public policy goals, which shall incorporate, by reference, the Intended Use Plans;
(7) quantifiable goals for capital improvements that implement State priorities, including: those set forth in the Intended Use Plans; those that serve environmental justice communities; and those that incorporate green infrastructure or renewable energy generation;
(8) recommendations for new or revised programs for the asset management of drinking water, wastewater, and stormwater systems, including, but not limited to, assessments of inventory and the urgency of need for replacement or upgrade; merger or regionalization studies, strategies to address funding problems caused by a lack of ratepayers, strategies to address funding problems caused by socioeconomic factors, and strategies to otherwise increase the technical, managerial, and financial capacity of systems to fund and construct water infrastructure projects;
(9) recommendations for ways to accelerate the review, approval, and replacement of prioritized drinking water, wastewater, and stormwater infrastructure, while ensuring that the projects fully satisfy applicable environmental protection requirements;
(10) strategies to make drinking water, wastewater, and stormwater systems more resilient to the impacts of climate change, particularly in areas vulnerable to those impacts;
(11) a review of emerging best practices in the management of drinking water, wastewater, and stormwater systems, including, but not limited to, best practices that increase project cost efficiencies, and recommended policy solutions to facilitate the adoption of these practices;
(12) coordination with other State planning efforts, including those for development and redevelopment, transportation, housing, water supply, environmental protection, and energy;
(13) an assessment of existing strategies to address technical assistance availability and rate affordability, and recommendations for alternative strategies; and
(14) an explanation of the methodology used to develop the estimates pursuant to paragraphs (1) through (3) of subsection b. of this section, which shall include an explanation of how the department identified capital investment needs for drinking water, wastewater, and stormwater infrastructure that were not identified by water, wastewater, and stormwater systems.
c. During the course of preparing a State Water Infrastructure Investment Plan, the department shall:
(1) make available to all interested persons a copy of the proposed plan or proposed revisions to the current plan at least 90 days prior to submitting it to the Governor, and shall provide an opportunity for the public to submit written comments, consider the comments submitted, make any revisions as the department deems necessary, and provide a written summary of responses to comments and any revisions made based on those comments;
(2) conduct at least three public meetings, which may be conducted using video teleconferencing, on the proposed plan or proposed revisions and updates to the current plan;
(3) consider the comments made at public meetings and written comments, and make any revisions to the proposed plan or proposed revisions and updates to the current plan as the department deems necessary, and provide a written summary of responses to comments and any revisions made based on those comments;
(4) consult with the Highlands Water