Bill Text: NJ A1371 | 2014-2015 | Regular Session | Introduced
Bill Title: Prohibits public boardwalk construction using uncertified rainforest wood.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Environment and Solid Waste Committee [A1371 Detail]
Download: New_Jersey-2014-A1371-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblywoman LINDA STENDER
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
Prohibits public boardwalk construction using uncertified rainforest wood.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning the construction of certain boardwalks and supplementing P.L.1971, c.198 (C.40A:11-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For purposes of P.L. , c. (C. ) (pending before the Legislature as this bill):
"Public boardwalk" means any man made elevated public walking area bordering on the Atlantic Ocean, tidal water bays or rivers over which the governing body of a municipality has exclusive authority pursuant to subsection a. of section 1 of P.L.1955, c.49 (C.40:61-22.20).
"Purchasing agent" means the individual authorized to enter into an agreement on behalf of a municipality for the construction or repair of a public boardwalk;
"Uncertified rainforest wood" means any imported wood or wood product which has not been certified as being harvested responsibly and sustainably by the Forest Stewardship Council or another independent organization which the Department of Environmental Protection deems capable of providing such certification.
2. a. Notwithstanding any provision of law or regulation to the contrary, uncertified rainforest wood shall not be used for the construction, repair, or replacement of a public boardwalk.
b. Any contract entered into after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) by a governing body for the construction, repair or replacement of a public boardwalk shall specify the type of material to be used on the project and shall prohibit the use of uncertified rainforest wood. The contract shall include language indicating that, upon the contractor's receipt of any purchased wood and prior to the commencement of the project, the contractor shall provide documentation to the governing body sufficient to show that any rainforest wood purchased for use on the project is certified in compliance with the express terms of the contract.
c. Any contract entered into by a governing body for the construction, repair or replacement of a boardwalk shall contain a provision indicating that the terms contained therein are subject to the review and approval of the Department of Environmental.
3. a. Upon entering into a contract for the construction, repair, or replacement of a boardwalk, the purchasing agent shall provide a copy of the contract to the Department of Environmental Protection.
b. The Department of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to identify certain language that shall be incorporated into a contract, the process by which a municipality shall provide a copy of the contract to the department, and the documentation a contractor must provide to a governing body upon receipt of any purchased wood as required by section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
c. The Department of Environmental Protection shall deliver written notification of non-compliance with P.L. , c. (C. ) (pending before the Legislature as this bill) to the purchasing agent within 30 days of the receipt of the contract. The contract shall be deemed approved upon the failure of the department to adequately notify the purchasing agent of non-compliance within 30 days of the receipt of the contract.
d. The Department of Environmental Protection, in identifying independent organizations other than the Forest Stewardship Council capable of certifying rainforest wood pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), if any such organization is found to exist, shall make every effort to include organizations with offices located within the United States. The list established pursuant to this subsection shall be reviewed and updated by the Commissioner of Environmental Protection as necessary every five years after the effective date of the rules and regulations adopted pursuant to this subsection b. of this section.
4. This act shall take effect immediately.
STATEMENT
This bill would prohibit a municipality from using uncertified rainforest wood to construct, replace, or repair a public boardwalk.
For purposes of this bill, "public boardwalk" means any man made elevated public walking area bordering on the Atlantic Ocean, tidal water bays or rivers over which a municipal governing body of a municipality has exclusive authority pursuant to existing law. This bill requires that any contract entered into by a governing body's purchasing agent to construct, replace, or repair a boardwalk to indicate the type of material to be used on the project and prohibiting the use of uncertified rainforest wood. The governing body would also be required to submit a copy of the contract to the Department of Environmental Protection, which would be deemed satisfactory unless the governing body is notified of non-compliance within 30 days of the department's receipt of the notice of compliance. This bill requires that the Department of Environmental Protection adopt rules and regulations in accordance with the bill.
The United States is the largest importer of illegally harvested rainforest wood in the world. Rainforest wood from Brazil is the most common illegally logged rainforest wood used for boardwalks in the United States. Local corruption and a willingness by exporters and importers to mislabel woods to avoid penalty under the federal "Lacey Act" results in otherwise responsible public entities participating in an unsustainable, illegal market that contributes to the destruction of vital rainforests. A Forest Stewardship Council certification indicates that timber was lawfully harvested and documents the product's chain of custody so that the customer will receive legally harvested material. Certification by the Forest Stewardship Council or a similar organization is necessary for a municipality to ensure it is constructing, repairing, or replacing a boardwalk in a responsible manner.
