Signed by Governor Phil Murphy

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that authorizes local government units to establish a storm water utility tax.

Highlights:

• Authorizes counties or municipalities  to, by resolution or ordinance, establish a stormwater utility for the purposes of acquiring constructing, improving, maintaining, and operating stormwater management systems in the county or municipality, consistent with State and federal laws, rules, and regulations (Sec. 4).

• Requires a county or municipality that establishes a stormwater utility to submit a copy of the resolution or ordinance adopted to the Department of Environmental Protection and the Division of Local Government Services in the Department of Community Affairs (Sec. 4).

• Authorizes, upon the request of a municipality or municipalities, an authority to establish a stormwater utility pursuant to a service agreement between the authority and requesting municipality or municipalities (Sec. 5).

• Authorizes any county, municipality, or authority that establishes a stormwater utility to charge and collect reasonable fees and other charges to recover the stormwater utility costs for stormwater management (Sec. 8).

• Requires that any fee or other charge that a county, municipality, or authority charges and collects is to be based on a fair and equitable approximation of the proportionate contribution of stormwater runoff from a real property (Sec. 8).

• Requires that when establishing fees and other charges, a county, municipality, or authority to provide for (Sec. 8):

• A partial fee reduction in the form of a credit for any property that maintains and operates a stormwater management system that complies with the State and local stormwater management standards that were in place at the time they system was approved and that effectively reduces, retains, or treats stormwater onsite;

• An additional partial fee reduction in the form of a credit for any property which has installed and is operating and maintaining current stormwater best management practices that reduce, retain, or treat stormwater onsite and which are approved by the county, municipality, or authority;

• An additional partial fee reduction in the form of a credit for any property which has installed and is operating and maintaining green infrastructure that reduces, retains, or treats stormwater onsite and which exceeds any requirements for green infrastructure that may be applicable to that property under any rule or regulation adopted by the Department of Environmental Protection or the local stormwater control ordinance; and

• An exemption from fees and other charges for land actively devoted to agriculture or horticultural use that is valued, assessed, and taxed.

• Requires any county, municipality, or authority that collects fees and charges to remit to the State Treasurer annually an amount equal to five percent of all such fees and charges collected, or $50,000, whichever is less (Sec. 8).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass with amendment a bill that authorizes local government units to establish a storm water utility tax.

Highlights:

• Authorizes counties or municipalities  to, by resolution or ordinance, establish a stormwater utility for the purposes of acquiring constructing, improving, maintaining, and operating stormwater management systems in the county or municipality, consistent with State and federal laws, rules, and regulations (Sec. 4).

• Requires a county or municipality that establishes a stormwater utility to submit a copy of the resolution or ordinance adopted to the Department of Environmental Protection and the Division of Local Government Services in the Department of Community Affairs (Sec. 4).

• Authorizes, upon the request of a municipality or municipalities, an authority to establish a stormwater utility pursuant to a service agreement between the authority and requesting municipality or municipalities (Sec. 5).

• Authorizes any county, municipality, or authority that establishes a stormwater utility to charge and collect reasonable fees and other charges to recover the stormwater utility costs for stormwater management (Sec. 8).

• Requires that any fee or other charge that a county, municipality, or authority charges and collects is to be based on a fair and equitable approximation of the proportionate contribution of stormwater runoff from a real property (Sec. 8).

• Requires that when establishing fees and other charges, a county, municipality, or authority to provide for (Sec. 8):

• A partial fee reduction in the form of a credit for any property that maintains and operates a stormwater management system that complies with the State and local stormwater management standards that were in place at the time they system was approved and that effectively reduces, retains, or treats stormwater onsite;

• An additional partial fee reduction in the form of a credit for any property which has installed and is operating and maintaining current stormwater best management practices that reduce, retain, or treat stormwater onsite and which are approved by the county, municipality, or authority;

• An additional partial fee reduction in the form of a credit for any property which has installed and is operating and maintaining green infrastructure that reduces, retains, or treats stormwater onsite and which exceeds any requirements for green infrastructure that may be applicable to that property under any rule or regulation adopted by the Department of Environmental Protection or the local stormwater control ordinance; and

• An exemption from fees and other charges for land actively devoted to agriculture or horticultural use that is valued, assessed, and taxed.

• Requires any county, municipality, or authority that collects fees and charges to remit to the State Treasurer annually an amount equal to five percent of all such fees and charges collected, or $50,000, whichever is less (Sec. 8).

Full Bill Text