State House Notes

On February 3, 2023, the pubic comment period closed on a proposed Department of Environmental Protection (DEP) Inland Flood Protection Rule, intended to ensure the use of current precipitation data and reliable climate science to protect NJ communities in against increased intensity of precipitation events and stormwater runoff.

“The current methodologies for managing stormwater and determining the extent of flood hazard areas utilize outdated and inherently backward-looking precipitation data and do not account for either current conditions or the expected impacts of climate change on precipitation events,” according to the DEP.

In his January 2023 State of the State Address, Gov. Phil Murphy mentioned the Garden State Greenway railbed purchase as a standout achievement during his administration. The Greenway would extend over a 9-mile, 100-foot-wide linear corridor spanning Essex and Hudson Counties through eight municipalities (Montclair, Glen Ridge, Bloomfield, Belleville, Newark, Kearny, Secaucus, and Jersey City).

The DEP acquired this property from Norfolk Southern on August 19, 2022. The DEP’s vision is “to convert this blighted corridor into a thriving recreation and transportation corridor traversing two of the most densely populated Counties in New Jersey.”

Murphy also mentioned plans for a “boardwalk fund” that would provide for upgrades to these “wooden Main Streets” at the Jersey Shore. NJ Chapter Director Anjuli Ramos-Busot cautioned against building permanent infrastructure in areas vulnerable to sea-level rise. “Calling boardwalks wooden Main Streets sounds like a slippery slope to new development in flood prone areas.”

The following bills were released by the Senate Environment and Energy Committee in December. The NJ Chapter of the Sierra Club supports them.

S2712 (Singleton): Would prohibit sale and use of firefighting foam containing perfluoroalkyl and polyfluoroalkyl substances, which are highly toxic to human health.

S2186 (Greenstein/Smith): Would prohibit the sale, propagation, or distribution of certain invasive plants without a permit. The Department of Agriculture would adopt rules for the safe use of invasives. “This is work long overdue for the state since we are one of five states in the entire country that does not prohibit the sale of invasive species,” Ramos-Busot stated.

S3362 (Greenstein/Codey): Would provide $53 million for state acquisition of land for recreation and conservation purposes, including Blue Acres projects, which address flooding concerns, and the Green Acres program, for the development of interconnected open spaces.

S418 (Smith/Greenstein): Would set standards for food date labeling, public education, and food safety guidelines. Confusing labels cause families and grocery stores to dispose of food before it has truly expired, creating waste, greenhouse gas, and economic problems.

S3305 (Smith/Ruiz): Would allow low- and moderate-income families to self-attest to their income, thereby facilitating participation in community solar programs.

S3361 (Smith/Stanfield): The sum of $64 million would be earmarked for DEP recreation and conservation projects in Trenton and the state park system.

Resources

Flood Protection: bit.ly/3jEBvLP
DEP Greenway: bit.ly/3jOpnb1