Bill > A159

Introduced Session

This bill, to be known as the "Adopt a Stormwater Management Basin Act," would permit a business entity or nonprofit organization ("participating entity") to adopt certain responsibilities related to a stormwater management basin by entering into an agreement with a stormwater management agency. Specifically, under the bill, a stormwater management agency would be authorized to enter into a "stormwater management basin adoption agreement" with a participating entity for the construction, improvement, operation, maintenance, or funding of a stormwater management basin. The agreement could only be entered into at no cost to the stormwater management agency. However, the stormwater management agency would be authorized to provide the participating entity with such materials, supplies, or services that the stormwater management agency deems appropriate. The stormwater management agency would also be authorized to advertise and promote a stormwater management basin adoption program, and provide for appropriate public recognition of a participating entity. No stormwater management basin adoption agreement would be permitted unless the participating entity successfully demonstrates to the stormwater management agency that it is capable of performing its responsibilities in accordance with the terms and conditions of the agreement and with all State and federal laws, rules and regulations pertaining to stormwater management. The bill would also establish the grounds and procedures for termination of a stormwater management basin adoption agreement. In addition, the bill would authorize a stormwater management agency to advertise any stormwater management basin adoption program established pursuant to this bill and to provide for appropriate public recognition of a participating entity. Specifically, the stormwater management agency would be authorized to issue a certificate of recognition to the participating entity, and would be further authorized to allow for the erection of certain signs at the stormwater management basin. The erection of signs consistent with municipal ordinances would be subject to certain conditions and in accordance with certain specifications, as set forth by the stormwater management agency. The bill also provides that a stormwater management agency would be protected from claims by any person for injuries or damages that may be caused or sustained by any participating entity, or any employee, agent, contractor, member, or volunteer thereof, during the course of, or as a result of, any activity related to the performance of a stormwater management basin adoption agreement. While performing responsibilities under a stormwater management basin adoption agreement entered into in accordance with the bill, a participating entity and its employees, agents, contractors, members, and volunteers would not be considered to be "public employees" or "State employees" for the purposes of the "New Jersey Tort Claims Act," or otherwise be accorded any of the protections set forth therein. Furthermore, any stormwater management basin adoption agreement entered into in accordance with this bill would not be subject to the requirements and provisions of the "Local Public Contracts Law." Finally, the bill would provide a tax credit against the corporation business tax for a participating entity that adopts a stormwater management basin located in a qualified watershed. Under the bill a "qualified watershed" means the respective watersheds of Lake Hopatcong in Morris and Sussex counties, Budd Lake in Morris County, Swartswood Lake in Sussex County, Greenwood Lake in Passaic County, and Lake Musconetcong in Morris and Sussex Counties. Specifically, the tax credit would be equal to the amount of the participating entity's certified expenditures incurred under a stormwater management basin adoption agreement, provided, however, the credit could not exceed $1,000 or 50 percent of the taxpayer's total tax liability under the corporation business tax. The bill also establishes procedures by which a taxpayer may apply for the tax credit, including certain requirements related to the certification of eligible expenditures.

AI Summary

Committee Categories

Parker Space (R)*,  Cleopatra Tucker (D)*,  Harold Wirths (R)*, 

Introduced, Referred to Assembly Environment and Solid Waste Committee (on 01/11/2022)

Official Document