By Frank Brill, EnviroPolitics Editor



Legislation that will allow counties and municipalities in New Jersey to establish stormwater utilities and management policies was signed into law today by Governor Phil Murphy.


“The lack of regulation and management of stormwater has caused extensive problems for New Jersey,” said John McKeon (D-Essex, Morris), who sponsored the Assembly version of the legislation with colleagues Nancy Pinkin (D-Middlesex) and Cleopatra Tucker (D-Essex). The Senate version was sponsored by Bob Smith (D-Middlesex), Kip Bateman (R-Somerset), Dick Codey (R-Essex) and Linda Greenstein (D-Mercer).   


“Rainwater run-off carries with it debris, bacteria, and chemicals which can lead to pollution of our waters and drinking water sources. Without regulation, we will continue to see a rise in pollution, flooding and property damage. This law enables towns and counties to take the next step in stemming the problems caused by stormwater,” McKeon said.


The legislation was supported by a wide number of environmental organizations like the Sierra Club, Clean Water Action and New Jersey Future. 


It was opposed by business groups representing members with large properties that would be subject to fees to operate the stormwater utilities.


While the legislation was moving through both houses,  Dennis Hart, executive director of the Chemistry Council of New Jersey, testified that his members are bearing a heavy tax burden that makes them less competitive with manufacturers in other states and they also are paying to maintain on-site stormwater management programs required by the NJDEP.  


In response, the bill was amended in the Assembly to provide 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 the system was approved.”   
Republicans are fighting similar legislation in other states and they pounced on the New Jersey bill, labeling it a ‘rain tax.’ 
Stormwater utilities exist in more than 40 states and the District of Columbia. 


The legislation is voluntary so the political fight will now move to the local level where environmentalists will press counties and municipalities to create the utilities, while affected businesses likely will argue against it.


RelatedLocal stormwater utility bill approved in NJ Senate


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