The would-be Watershed Protection and Management Act of 1997 (S.1776) passed both houses of the Legislature in June and currently awaits consideration by Governor Whitman. S.1776 provides the statutory authority for the State to develop a watershed-based approach to water quality management and pollution control that would be funded by constitutionally-authorized monies. A constitutional amendment approved by New Jersey voters in November, 1996 dedicates two-thirds of 1%, or a minimum of $5,000,000, whichever is less, of the revenues annually generated by the Corporation Business Tax for purposes of water quality monitoring, watershed-based water resource planning and management, and non-point source pollution prevention projects.
The bill establishes the "Watershed Management Fund" in NJDEP, which would be a non-lapsing repository for the dedicated monies from the Corporation Business Tax that would be credited annually. S. 1776 provides that NJDEP may use the monies in the Watershed Management Fund only for:
* The development and adoption of a priority list of environmentally threatened water bodies;
* The monitoring and assessment of all State waters;
* The delineation of watershed management areas and stream segments;
* The identification of potential causes of degradation of water bodies on the priority list;
* The development of total maximum daily loads and water quality-based effluent limitations for targeted water bodies;
* The development and presentation of data on NJDEP's Geographic Information System;
* The adoption of best management practices to prevent pollution and to control point and non-point sources;
* The characterization of land use and land cover in each watershed;
* The adoption of a watershed management plan;
* The development by NJDEP of a watershed management program and the integration of its regulations; and
* The development and implementation of a local watershed protection loan and grant program.
The bill also provides that the use of the funds in the first year are to be limited to watershed management and planning activities by NJDEP, but that by the third year, half of the monies in the fund will be set aside for loans and grants to local Watershed Management Groups.
If enacted, S.1776 will further the conversion of New Jersey's water quality and pollution control program from the current individual permit-based approach to a watershed-based planning approach.
