Bill > A5115

Introduced Session

This bill prohibits the Department of Environmental Protection (DEP) from implementing or adopting, prior to June 1, 2038, the rules and regulations proposed by the DEP and published in the New Jersey Register on August 5, 2024, which are known as New Jersey's Protecting Against Climate Threats (NJPACT) Rules. The bill also prohibits the DEP from implementing or adopting a rule or regulation that is substantially similar to one or more provisions set forth in the NJPACT rule proposal, unless, prior to that date, the Legislature has passed a concurrent resolution authorizing the DEP to adopt those rules and regulations. Additionally, the bill limits the DEPs current discretion over the delineation of the State's flood hazard areas by requiring the DEP to set the State's flood hazard area delineation for each watercourse at no more than one foot above the 100-year flood elevation delineated for that watercourse by the Federal Emergency Management Agency (FEMA) under the National Flood Insurance Program (NFIP). Current law requires the DEP to make flood hazard area delineations at least as protective as floodplain delineations approved by the FEMA for the NFIP. This bill would not change that requirement, but would remove the unlimited discretion current law affords the DEP in determining the height of a flood hazard area. Specifically, the bill requires the DEP, within three months following the bill's effective date, to set the State's flood hazard area delineation for each watercourse at one foot above the 100-year flood elevation delineated for that watercourse by the FEMA. The bill also requires the DEP, within three months following each subsequent FEMA delineation of a floodplain for a watercourse, to set the State's flood hazard area delineation for that watercourse at one foot above the 100-year flood elevation delineated for that watercourse by the FEMA. The bill provides that a person applying to the DEP for a permit or other approval, pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.) on and after the first day of the fourth month next following the bill's effective date, would be subject to the State's flood hazard area delineation of one foot above the FEMAs delineation of the 100-year flood elevation for that watercourse. The bill also provides that after the bill's effective date, the DEP may not adopt a rule or regulation relevant to delineating an area as a flood hazard area unless the DEP first submits the proposed rule or regulation to the Legislature, and the Legislature passes a concurrent resolution authorizing the DEP to adopt the rule or regulation. The bill requires the DEP to submit to the Legislature each rule or regulation it proposes to delineate an area as a flood hazard area, and prohibits the DEP from adopting a proposed rule or regulation unless the Legislature passes a concurrent resolution specifically approving the proposed rule or regulation. The bill is introduced in response to the DEPs recently proposed NJPACT Rules. The proposed NJPACT Rules, in relevant part, propose to establish a "climate-adjusted flood elevation" of five feet above the FEMA 100-year flood elevation for each New Jersey watercourse. The DEP's justification for proposing the rule is to adjust flood-hazard development thresholds to take into account projected sea level rise due to climate change. The adoption of the DEP's proposed NJPACT rules would be detrimental to New Jersey, and particularly to our State's coastal communities. The DEP has failed to conduct a proper cost-benefit analysis to justify adoption of the proposed rules. The adoption of the rule proposal would cause large portions of New Jersey's coastal area as being improper for development and use. The DEPs assertions that development of these areas would constitute a threat to the safety, health, and general welfare from flooding due to projected climate change are not accurate. The DEP used an outdated and flawed 2019 Rutgers report to justify its proposed establishment of a "climate-adjusted flood elevation" of five feet above the FEMA 100-year flood elevation. Rather than protect the general welfare, adoption of the rule proposal would significantly harm the general welfare, which the DEP is responsible to protect. Adoption of the DEP's rule proposal would limit the ability of middle- and lower-income families to own, improve, or restore coastal properties, and thereby incentivize many of those families to sell their coastal properties to the wealthy or to the government. Adoption of this bill would set a standard delineation mechanism in State law, and thereby prevent the DEP from setting the State's flood hazard area delineation at more than one foot above the FEMA-delineated 100-year flood elevation.

AI Summary

Committee Categories

Paul Kanitra (R)*,  Greg McGuckin (R)*, 

Introduced, Referred to Assembly Environment, Natural Resources, and Solid Waste Committee (on 12/12/2024)

Official Document