Bill Text: NJ SCR143 | 2012-2013 | Regular Session | Introduced
Bill Title: Concurs in 60-day extension of DEP emergency Flood Hazard Area Control Act Rules.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-21 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [SCR143 Detail]
Download: New_Jersey-2012-SCR143-Introduced.html
SENATE CONCURRENT RESOLUTION No. 143
STATE OF NEW JERSEY
215th LEGISLATURE
INTRODUCED FEBRUARY 21, 2013
Sponsored by:
Senator ROBERT M. GORDON
District 38 (Bergen and Passaic)
SYNOPSIS
Concurs in 60-day extension of DEP's emergency Flood Hazard Area Control Act Rules.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution extending the effective period of the Department of Environmental Protection's emergency amendments to the Flood Hazard Area Control Act Rules for an additional 60 days.
Whereas, Pursuant to subsection c. of section 4 of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-4), if an executive branch agency "finds that an imminent peril to the public health, safety, or welfare requires adoption of a rule upon fewer than 30 days' notice and states in writing its reasons for that finding, and the Governor concurs in writing that an imminent peril exists, it may proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it finds practicable, to adopt the rule"; and
Whereas, Subsection c. of section 4 of the "Administrative Procedure Act" further provides that such an emergency rule shall be effective for a period of not more than 60 days unless each House of the Legislature passes a resolution concurring in its extension for a period of not more than 60 additional days; and
Whereas, The Department of Environmental Protection adopted on an emergency basis, effective January 24, 2013, amendments to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13 relating to the construction and reconstruction of buildings in flood hazard areas based on the most recent and reliable flood elevation data; and
Whereas, Concurrently with the adoption of these emergency rules, the department is proposing amendments to the Flood Hazard Area Control Act Rules, and the adopted emergency rules and the concurrent proposal are scheduled to be published in the New Jersey Register on February 19, 2013; and
Whereas, The proposed amendments enable the use of the best available flood elevation data to determine the flood hazard area design flood elevation for a given site, including the advisory flood maps for New Jersey's coast recently released by the Federal Emergency Management Agency's (FEMA), and also incorporate other FEMA mapping developed in partnership with the department that depicts the department's flood hazard area design flood elevation and floodway limit; and
Whereas, The amendments also allow flood proofing measures to be used instead of elevating structures in certain, limited situations, and ensure consistency between the department's standards for elevating buildings in flood hazard areas with the building standards of the Uniform Construction Code adopted by the Department of Community Affairs; and
Whereas, The emergency rules will help minimize flood damage potential throughout the flood hazard areas of the State and help protect New Jersey residents from the deleterious impacts of flooding; and
Whereas, Pursuant to the "Administrative Procedure Act" the effective date of an emergency rule may only be extended for a period not to exceed an additional 60-day period with the concurrence of each House of the Legislature by resolution; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The Legislature concurs in a 60-day extension of the amendments to the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13 adopted by the Department of Environmental Protection on an emergency basis, effective January 24, 2013, relating to the construction and reconstruction of buildings in flood hazard areas.
2. Duly authenticated copies of this concurrent resolution signed by the President of the Senate and the Speaker of the General Assembly and attested to by the Secretary of the Senate and the Clerk of the General Assembly shall be sent to the Commissioner of Environmental Protection and the Director and Chief Administrative Law Judge of the New Jersey Office of Administrative Law.
STATEMENT
This concurrent resolution represents the Legislature's concurrence, as required pursuant to subsection c. of section 4 of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-4), in a 60-day extension of the effective date of the emergency rules adopted by the Department of Environmental Protection (DEP), effective January 24, 2013, amending the Flood Hazard Area Control Act Rules at N.J.A.C. 7:13.
The adopted emergency rules and concurrent rule proposal are scheduled to be published in the New Jersey Register on February 19, 2013. The 60-day extension provided by this concurrent resolution to the effective date of the emergency rules will provide the DEP with additional time to proceed with adoption of the concurrent rule proposal pursuant to the requirements of the Administrative Procedure Act.
