Bill Text: NJ A4141 | 2022-2023 | Regular Session | Introduced
Bill Title: Concerns removal of abandoned vessels; appropriates $25 million.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Introduced - Dead) 2022-06-02 - Introduced, Referred to Assembly Law and Public Safety Committee [A4141 Detail]
Download: New_Jersey-2022-A4141-Introduced.html
Sponsored by:
Assemblyman ERIK K. SIMONSEN
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman BRIAN E. RUMPF
District 9 (Atlantic, Burlington and Ocean)
Co-Sponsored by:
Assemblyman McClellan, Assemblywomen McCarthy Patrick, Gove and Assemblyman Thomson
SYNOPSIS
Concerns removal of abandoned vessels; appropriates $25 million.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning abandoned vessels, supplementing and amending various parts of the statutory law, and making an appropriation.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) The Legislature finds and declares that:
a. The State of New Jersey has a vast coastal shoreline, encompassing more than 100 miles of oceanfront bordering the Atlantic Ocean. Famous for its many boardwalks, the Jersey Shore has the highest concentration of oceanside boardwalks in the United States. The Jersey Shore is a popular vacation spot with local and out of State residents.
b. Hurricane Sandy devastated many coastal towns, spawning the demolition of entire communities and dramatically increasing the number of derelict and abandoned boats and vessels along the shoreline. Many of these communities have little to no resources to remove abandoned and derelict boats from the shoreline.
c. Abandoned boats obstruct navigational channels, damage ecosystems, and diminish the recreational value of the surrounding area. Abandoned boats may also contain fuel and other hazardous materials that are often difficult and expensive to remove safely, requiring the use of specialized equipment.
d. The establishment of a working group for the safe removal of abandoned boats would help shore communities, rejuvenating the marine and coastal regions of New Jersey.
2. (New section) a. The Abandoned and Derelict Boat Removal working group is created and established in the Executive Branch of the State Government. For the purpose of complying with the New Jersey Constitution, the working group is allocated within the Department of Law and Public Safety.
b. The working group shall consist of 21 members. The following members shall serve ex officio: the Commandant of the United States Coast Guard or a designee; the Administrator of the National Oceanic and Atmospheric Administration or a designee; the Superintendent of the New Jersey State Police or a designee; the Chief Executive Officer of the New Jersey Department of Transportation Office of Maritime Resources or a designee; the Chief Executive Officer of the New Jersey Department of Environmental Protection Bureau of Coastal and Land Use Enforcement or a designee; the President of the New Jersey Association of Counties or a designee; the President of the New Jersey League of Municipalities or a designee; a member of the Marine Trades Association of New Jersey; a member of the commercial fishing industry from the State; and a member of the recreational fishing industry from the State.
The remaining 11 members shall be public members, appointed as follows: Four public members shall be appointed by the President of the Senate; four public members shall be appointed by the Speaker of the General Assembly; and three public members shall be appointed by the Governor.
c. Each public member of the working group shall serve for a term of three years, expiring on January 1 in the appropriate year; except that of the members first appointed, five shall be appointed for a term of one year, and six shall be appointed for a term of two years, as determined by the Governor. Public members shall be eligible for reappointment. The public members shall serve until their successors are appointed and qualified, and the term of the successor incumbent shall be calculated from the expiration of the term of that incumbent. A vacancy occurring other than by expiration of term shall be filled in the same manner as the original appointment but for the unexpired term only.
d. The members of the working group shall serve without compensation, but they shall be entitled to reimbursement for all necessary expenses incurred in the performance of their duties.
e. The Governor shall designate a chairperson and, as necessary any co-chairpersons from among the working group. The working group shall meet upon the call of the chairperson or of a majority of the working group members. The presence of a majority of the authorized membership of the working group shall be required for the conduct of official business.
f. The working group shall organize as soon as practicable but not later than 14 days following the appointment of the last member of the working group.
3. (New section) a. It shall be the responsibility of the working group to assist the coastal communities of the State in the identification and safe removal of abandoned and derelict boats.
b. The working group shall report its findings and recommendations to the Governor, and the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within one year of its initial organizational meeting and by February 1st of each succeeding year for the activities of the preceding calendar year. The report shall be in writing and include such recommendations as deemed appropriate by the working group to effectuate its purposes, as provided by this section.
4. (New section) a. The Department of Law and Public Safety shall provide the staff assistance required in order to support the work of the working group. In addition, the working group is authorized to call upon any department, office, division, or agency of the State to supply such data, or other information and assistance as it deems necessary to discharge the responsibilities of the working group.
b. These departments, offices, divisions, agencies shall, to the extent possible and not inconsistent with any other law of this State, cooperate with the working group and shall furnish it with such data, information, and assistance as may be necessary or helpful to accomplish the purposes of the working group.
5. (New section) a. The State Treasurer shall establish a program to provide reimbursement to municipalities for the cost of removing abandoned vessels pursuant to the provisions of P.L.1975, c.369 (C.12:7C-7 et seq.). A municipality may submit an application for reimbursement in a form and manner determined by the State Treasurer. The State Treasurer shall implement the program within 30 days of adopting rules and regulations pursuant to subsection c. of this section. The "Abandoned Vessels Fund" established pursuant to subsection b. of this section shall be used to fund the program.
b. There is established in the Department of the Treasury a separate, nonlapsing fund to be known as the "Abandoned Vessels Fund." The fund shall be administered by the department and dedicated to providing reimbursement to municipalities for the cost of removing abandoned vessels pursuant to the program established by subsection a. of this section. The fund shall consist of moneys appropriated by section 8 of P.L. , c. (C. ) (pending before the Legislature as this bill) and any civil penalties collected pursuant to section 3 of P.L.1975, c.369 (C.12:7C-9) or section 23 of P.L.2008, c.52 (C.12:7C-9.1).
The funds contained in the "Abandoned Vessels Fund" shall not be diverted for another purpose, unless the Legislature approves the diversion by a two-thirds majority of each House.
c. The State Treasurer shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate the provisions of this section.
6. Section 3 of P.L.1975, c.369 (C.12:7C-9) is amended to read as follows:
3. a. It shall be unlawful for any owner to abandon any vessel to or upon public land or waters of this State, including any municipal waterway, to or upon any municipally-owned land, or to or upon any private property or the water immediately adjacent thereto without the consent of the official designated by law to have jurisdiction over such public land or waterway, or the owner or other person in charge of the private property except when an emergency exists.
b. (1) A vessel which has remained moored, grounded, docked, or otherwise attached or fastened to or upon any public land or waterway or any private property without such consent for a period of more than 30 days, or which is submerged partially or completely into the water for any period of time shall be deemed abandoned and may be impounded if an official authorized by statute or ordinance to enforce regulations related to municipal waterways or a law enforcement officer having enforcement authority has reason to believe the vessel has been abandoned.
(2) The vessel may be removed from a municipal waterway by, or at the direction of, the municipality or harbor commission and may be impounded under the provisions of paragraph (1) of this subsection and removed to a storage space, and its registration certificate and registration plates seized.
(3) The owner shall be responsible for the cost of the removal, transportation, storage or disposal, and any other incidental costs associated with the impounded vessel.
(4) Whenever a vessel is removed pursuant to this subsection, the official designated by law to have jurisdiction over the municipal waterway shall file an incident report with the New Jersey Motor Vehicle Commission.
c. (1) An owner who violates the provisions of subsection a. of this section shall be liable to a civil penalty of not more than $1,000. Each day upon which the violation continues shall constitute a separate offense.
(2) The civil penalty imposed pursuant to this subsection shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding. An official authorized by statute or ordinance to enforce regulations related to municipal waterways or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of this section and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this section shall be recovered by and in the name of the State by the local municipality. The penalty shall be paid [into the treasury of the municipality in which the violation occurred for the general uses of the municipality] to the State Treasurer and deposited into the "Abandoned Vessels Fund" established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
(cf: P.L.2011, c.172, s.1)
7. Section 23 of P.L.2008, c.52 (C.12:7C-9.1) is amended to read as follows:
23. a. A municipality may adopt an ordinance, or a harbor commission may adopt a resolution, requiring every owner or operator of a vessel that moors or docks in a municipal waterway, or grounds on land, under the control of the municipality or harbor commission, to register with the official designated by the ordinance or resolution to have jurisdiction over the public land or municipal waterway where the vessel is moored, grounded, or docked. The registration shall include the length of time the vessel is intended to remain at the location along with the home address and telephone number of the owner or operator of the vessel, and a local address and telephone number where the owner or operator can be contacted. Nothing in this section shall prevent the operator of a vessel from anchoring, grounding, or mooring a vessel when an emergency exists that requires such action to be taken to safeguard the lives of the passengers, the vessel, or the environment.
b. If an ordinance or resolution has been adopted pursuant to subsection a. of this section, then notice shall be posted around the harbor, municipal waterway, navigable stream, or public land stating where the owner or operator of a vessel shall register the required information.
c. The ordinance or resolution shall designate one or more holding areas, public or private, at which vessels in violation of the registration requirement may be held.
d. After a vessel has been moored, grounded, or docked without registration for a period of one week, an enforcement official acting for or on behalf of the municipality or harbor commission, may affix a notice on the vessel advising that if the vessel is not removed by the date indicated on the notice, which shall be no less than seven calendar days following the date that the notice is affixed, then the vessel, including any trailer upon which a grounded vessel has been placed, will be removed to a holding area.
e. No public entity, agents, or authorized representatives shall be held liable for any damage or loss to any vessel or its contents that is removed to a holding area and stored pursuant to the authority of this section.
f. An owner or operator who violates the provisions of an ordinance or resolution adopted pursuant to this section shall be liable to a civil penalty of not less than $100 nor more than $1,250. Each day upon which the violation continues shall constitute a separate offense. The civil penalty imposed pursuant to this section shall be collected pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding. An official authorized by ordinance to enforce regulations related to municipal waterways or a law enforcement officer having enforcement authority in that municipality may issue a summons for a violation of the provisions of the ordinance and may serve and execute all process with respect to the enforcement of this section consistent with the Rules of Court. A penalty recovered under the provisions of this section shall be recovered by and in the name of the State by the local municipality. The penalty shall be paid [into the treasury of the municipality in which the violation occurred for the general uses of the municipality] to the State Treasurer and deposited into the "Abandoned Vessels Fund" established pursuant to section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill).
g. In order to be eligible to receive reimbursement for the cost of removing an abandoned vessel under the program established by section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill), a municipality shall adopt an ordinance pursuant to subsection a. of this section.
(cf: P.L.2008, c.52, s.23)
8. (New section) There is appropriated from the General Fund to the Department of the Treasury $25,000,000 for the provision of that amount to the "Abandoned Vessels Fund" for the purposes set forth in subsection a. of section 5 of P.L. , c. (C. ) (pending before the Legislature as this bill). The fund shall also be credited with any additional monies collected as civil penalties pursuant to section 3 of P.L.1975, c.369 (C.12:7C-9) or section 23 of P.L.2008, c.52 (C.12:7C-9.1).
9. This act shall take effect immediately.
STATEMENT
This bill establishes the New Jersey Abandoned and Derelict Boat Removal working group, a fund to reimburse municipalities for the cost of removing abandoned vessels, and appropriates $25,000,000.
The working group will be allocated within the Department of Law and Public Safety. The working group will be comprised of 21 members and include ex officio members from the federal, State, and local government as follows: the Commandant of the United States Coast Guard or a designee; the Administrator of the National Oceanic and Atmospheric Administration or a designee; the Superintendent of the New Jersey State Police or a designee; the Chief Executive Officer of the New Jersey Department of Transportation Office of Maritime Resources or a designee; the Chief Executive Officer of the New Jersey Department of Environmental Protection Bureau of Coastal and Land Use Enforcement or a designee; the President of the New Jersey Association of Counties or a designee; the President of the New Jersey League of Municipalities or a designee; a member of the Marine Trades Association of New Jersey; a member of the commercial fishing industry from the State; and a member of the recreational fishing industry from the State.
The working group will also include 11 public members, to be appointed as follows: four public members are to be appointed by the President of the Senate; four public members are to be appointed by the Speaker of the General Assembly; and three public members are to be appointed by the Governor. The bill requires the Governor to designate a chairperson and any co-chairpersons deemed necessary by the Governor.
The working group's responsibility under this bill is to assist local communities in identifying and safely removing abandoned and derelict boats within the State. Within one year of the working group's initial organizational meeting, the working group is required to issue an interim report of its work and provide a copy to the Governor, and the members of the Senate and General Assembly. Thereafter, annual reports shall be issued by February 1st of each succeeding year for the activities of the preceding calendar year.
This bill requires that staff support for the working group be provided by the Department of Law and Public Safety.
In addition, the bill establishes a fund to reimburse municipalities for the cost of removing abandoned vessels and appropriates $25,000,000 for this purpose.
Under current law, municipalities are authorized to remove abandoned vessels under certain circumstances. This bill requires the State Treasurer to establish a program to provide reimbursement to municipalities for the cost of removing the abandoned vessels. Under the bill, a municipality may submit an application for reimbursement in a form and manner determined by the State Treasurer.
This bill establishes in the Department of the Treasury a separate, nonlapsing fund to be known as the "Abandoned Vessels Fund." The fund is to be administered by the department and dedicated to providing reimbursement to municipalities for the cost of removing abandoned vessels pursuant to the program established by the bill. The bill provides that the funds contained in the "Abandoned Vessels Fund" are not to be diverted for another purpose, unless the Legislature approves the diversion by a two-thirds majority.
The bill also appropriates from the General Fund to the Department of the Treasury $25,000,000 for the provision of that amount to the "Abandoned Vessels Fund" for the purposes set forth in the bill.
Under current law, it is unlawful for an owner to abandon a vessel on public land or water or private property without the consent of the owner, except when an emergency exists. An owner who violates this provision is subject to a civil penalty of not more than $1,000. Each day upon which the violation continues is to constitute a separate offense. In addition, under current law, a municipality may adopt an ordinance, or a harbor commission may adopt a resolution, requiring every owner or operator of a vessel that moors or docks in a municipal waterway or grounds on land under the control of the municipality or harbor commission to register with the appropriate official. An owner or operator who violates the provisions of the ordinance or resolution is subject to a civil penalty between $100 and $1,250. Each day upon which the violation continues constitutes a separate offense.
Current law provides that these civil penalties are to paid into the treasury of the municipality in which the violation occurred for the general uses of the municipality. Under this bill, these civil penalties are to be paid to the State Treasurer and deposited into the "Abandoned Vessels Fund" established by the bill.
Finally, the bill provides that in order to be eligible for reimbursement under the program established by the bill, a municipality is required to adopt an ordinance requiring an owner or operator of a vessel that moors or docks in a municipal waterway or grounds on land under the control of the municipality or harbor commission to register with the appropriate official.
