App.A:9:43.17 Definitions; county storm preparedness funding program.

2. a. As used in this act:

"Risk assessment" means an assessment of expected future damage or losses to a county's infrastructure caused by severe weather conditions.

"Severe weather conditions" means weather related flood, hurricane, nor'easter, tornado, high water, wind-driven water, tidal wave, or other catastrophe which is of sufficient severity and magnitude to substantially endanger the health, safety, and property of the residents of this State.

b. The State Office of Emergency Management shall establish a county storm preparedness funding program. In implementing the program, the State Office of Emergency Management, in consultation with the Department of Environmental Protection and the Board of Public Utilities, shall biennially conduct a risk assessment to determine each county's degree of vulnerability to infrastructure damage caused by severe weather conditions. The formula for the risk assessment shall be based on the following criteria:

(1) the number of times that all or a portion of a county has been declared a federal disaster area due to a storm or flood occurring in the prior 10 years;

(2) the amount of property damage incurred within a county as a result of storms or floods occurring in the prior 10 years that caused all or a portion of the county to be declared a federal disaster area;

(3) the number of times that all or a portion of a county has been declared an agricultural disaster area by the United States Secretary of Agriculture due to a storm or flood occurring in the prior 10 years, and the amount of damage incurred and acreage affected;

(4) the estimated total assessed value of all real property in a county;

(5) the estimated number of persons in a county residing in a flood hazard area, as defined pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), and any rules or regulations adopted pursuant thereto;

(6) the number of times in the prior 10 years that at least 1,000 households and businesses in a county have lost electric power for at least two days due to a storm or flood event according to the Board of Public Utilities, which shall compile this information and make it available to each county upon request;

(7) the number of permits issued by the Department of Environmental Protection pursuant to the "Flood Hazard Area Control Act," P.L.1962, c.19 (C.58:16A-50 et seq.), the waterfront development law, R.S.12:5-3, and the "Coastal Area Facility Review Act," P.L.1973, c.185 (C.13:19-1 et seq.) in a county in the prior five years;

(8) the estimated number of persons in a county residing within 150 feet of the mean high water line of any tidal waters;

(9) the mileage of coastal shoreline in a county;

(10) the mileage of streams at least 10 feet wide that have flooded their banks in a county in the prior five years; and

(11) any other factors or parameters that the State Office of Emergency Management, in consultation with the Department of Environmental Protection, may determine to be useful and appropriate to furthering the purposes of this act, which shall be adopted as rules or regulations pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).

c. The results of the risk assessment shall be incorporated into the State Emergency Operations Plan pursuant to subsection b. of section 18 of P.L.1989, c.222 (C.App.A:9-43.1) and shared with each county office of emergency management.

d. The Director of the State Office of Emergency Management, subject to available State appropriations, federal grants, and any other funds that become available, is authorized to annually provide funding to the county offices of emergency management in amounts proportionate to each county's risk assessment as determined by the director. The director shall prescribe, pursuant to law, procedures and terms and conditions for receiving the funds. The funds shall be used by the county offices of emergency management exclusively for emergency preparedness purposes, which may include but shall not be limited to the purchase or modernization of emergency management facilities, emergency equipment, flood mitigation services, or emergency management vehicles.

L.2017, c.63, s.2.