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The proposals are in response to the record flooding that has wrought havoc on New Jersey this year, particularly in Bergen County’s valleys and along the Passaic River.
“There is only so much flooding any one community can handle. It’s time to look at the bigger picture and figure out how we can address this problem moving forward,” Assemblywoman Connie Wagner of Bergen County said. “These measures will help minimize any havoc that might be wreaked by future storms.”
The first bill (A-4267), sponsored by Wagner and Assemblyman Vincent Prieto, allows municipalities to establish open space trust funds specifically for the purchase of flood-prone properties
Local councils would have to seek voter approval first for an annual levy at a rate deemed appropriate.
“This measure would put residents in the driver’s seat to decide how they want to handle flooding issues in their town,” said Prieto, who represents Bergen and Hudson. “For certain properties that consistently flood, allowing the municipality to buy up that property might be the best option.
“This will provide towns with the funding mechanism to do that, should voters give it the okay.”
Under current law, municipalities are authorized to establish “Municipal Open Space, Recreation, and Farmland and Historic Preservation Trust Funds.” This bill would amend the name of these municipal open space trust funds to be “Municipal Open Space, Recreation, Floodplain Protection, and Farmland and Historic Preservation Trust Funds.”
More importantly, the bill would also include “Blue Acres projects” for restoring the natural state or creating recreational areas on land that has been damaged by, or may be prone to incurring damage caused by, storms or storm-related flooding, or that may buffer or protect other lands from such damage.
The funds would be allowed to be used for the demolition of structures or the removal of debris from those properties.
The second bill (A-4269) would authorize the state to issue $100 million in general obligation bonds that would be used to provide $50 million in grants to counties and $50 million in grants to municipalities for the cost of transportation infrastructure projects and water infrastructure projects as a direct or indirect result of Hurricane Irene or “by other acts of God” this past August and September.
The state commissioners of Transportation and Environmental Protection would establish eligibility criteria and procedures for the review and approval of emergency infrastructure projects, and then issue a priority list, under the proposed bill.
Because the projects to be funded out of proceeds from the bonds are to “meet an emergency caused by disaster or an act of God,” the legislation is exempt from the ordinary constitutional requirement that it be put on the ballot for approval.
Which means: If the Legislature approves it, the law immediately takes effect.
“We can no longer continue to rely on band aid methods that simply repair damage rather than warding it off to begin with,” said Assemblyman John S. Wisniewski, who represents Middlesex County. “It’s time we invest in tackling the underlying problems to prevent flood-related damage altogether.”
“With record weather events increasing, it’s clear that certain towns are in need of significant structural upgrades,” said Wagner. “What might have worked years ago, isn’t necessarily the case now, due to development and changing weather patterns.”
However, she said, the necessary work “requires an investment, and the state should be a willing partner.”
Both measures were approved by the Assembly Environment and Solid Waste Committee.
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