Bill > S790

Introduced Session

This bill would direct the Department of Environmental Protection (DEP) to identify those reservoirs in the State with a documented record of flooding, as determined by the DEP. For each identified reservoir, the DEP would be directed to study and assess (1) the downstream river or stream capacity and water storage capacity of the reservoir, and (2) the water usage needs of the residents and businesses served by the reservoir. The bill would also require the DEP to adopt rules and regulations necessary for implementation of the bill, including rules and regulations that establish a maximum level for each reservoir based on the results of the studies. Furthermore, the DEP would be required to set the maximum level for each reservoir at a level that best protects the areas surrounding the reservoir against flooding while ensuring an adequate water supply. The bill would also direct the DEP to notify each owner of a reservoir of the adoption of these rules and regulations and require compliance within 90 days after their adoption. The bill would require every owner of a reservoir in the State that has a documented record of downstream flooding, as determined by the DEP, to prepare, submit, and implement a flood action plan approved by the DEP, which would include, but need not be limited to, the design, construction, operation, and maintenance of flood gates sited at the reservoir. The bill would also authorize the Office of Emergency Management in the Division of State Police to order the water level of any reservoir in the State to be lowered in a manner prescribed by the office prior to, or during, a severe weather event if the office has made a determination, after consultation with the DEP, that lowering the reservoir level is in the general public interest and reasonably necessary to prevent or reduce the severity of flooding. The bill would indemnify any owner of a reservoir against any act or omission with respect to any claims or any cause of action arising out of the proper implementation of a flood action plan approved by the DEP under this bill, provided, however, the owner is in full compliance with any order of the Office of Emergency Management to lower reservoir levels, as may be issued pursuant to this bill.

AI Summary

Committee Categories

Joe Lagana (D)*,  Holly Schepisi (R)*, 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 01/18/2022)

Official Document