STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman BOB ANDRZEJCZAK
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman R. BRUCE LAND
District 1 (Atlantic, Cape May and Cumberland)
SYNOPSIS
Allows certain shipyards to conduct certain work on vessels in water.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning regulation by the Department of Environmental Protection of certain shipyards and supplementing Title 58 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Legislature finds and declares that boats operating in saltwater are under constant assault from the corrosive elements of seawater requiring regular repair and maintenance; that there is a limited number of small shipyards in the State and the Northeast region; that New Jersey's small shipyards provide essential services which are critical to ensuring the safety of vessels and their crews; and that small shipyards provide economic stability to the region, especially to the State's commercial fishing industry, by ensuring that boats are well maintained.
The Legislature further finds and declares that the blasting and spray painting of vessels is critical to ensure vessels are properly maintained; that shipyard personnel traditionally work on the decks, exterior structures, and interiors of vessels while the vessels are afloat at a dock; that blasting and painting of vessels is done within enclosed tents designed to prevent the escape of grit, paint flakes, and spray paint into the environment; that all grit is collected and disposed of in accordance with existing environmental regulations; and that the technique of tenting vessels while afloat is analogous to the technique used by various transportation agencies to perform repair and painting of bridges over the State's waterways.
The Legislature also finds and declares that to prevent small shipyards from continuing to blast and paint vessels while moored would add significant costs to the shipyards by requiring those vessels to be removed from the water and worked on while on a rail bed or dry dock, thus limiting the number of vessels that a shipyard may accommodate at any one time; and that delays in repair time translate into less economic activity for the shipyard and for the maritime industry, as fishing boats, tug boats, and barges would be out of service for longer periods of time while waiting for repairs, or worse, vessels would defer maintenance and repair, creating potentially unsafe conditions for crew members, the public, and the environment.
b. Notwithstanding any provision of the "Water Pollution Control Act," P.L.1977, c.74 (C.58:10A-1 et seq.), or any rule or regulation adopted or permit issued pursuant thereto to the contrary, the department shall allow a small shipyard to conduct blasting and painting activities on any vessel while moored, provided that the vessel is properly tented in order to prevent the escape of grit, paint flakes, and spray paint into the environment. A small shipyard engaging in blasting and painting activities on vessels while afloat shall: (1) implement best management practices to collect grit and paint flakes to minimize impacts on the environment; and (2) properly dispose of such materials in accordance with applicable rules and regulations.
c. As used in this section, "small shipyard" means a shipyard in operation with 50 or fewer employees on the effective date of this act.
2. This act shall take effect immediately.
STATEMENT
This bill would allow certain shipyards to continue to conduct certain work on vessels while the vessels are in water. Specifically, this bill would supplement the "Water Pollution Control Act" to allow small shipyards to continue to blast and paint vessels while the vessels are in the water. Under the bill, a small shipyard engaging in blasting and painting activities on a vessel while afloat would be required to implement best management practices to collect grit and paint flakes, and properly dispose of such materials in accordance with applicable rules and regulations. The bill would apply to shipyards in operation with 50 or fewer employees on the date the bill is signed into law.
This bill is intended to allow the State's small shipyards to continue their operations, specifically to continue to blast and paint vessels while in the water within enclosed tents designed to prevent the escape of grit, paint flakes, and spray paint into the environment. The Department of Environmental Protection (DEP) previously allowed shipyards to work on the decks, exterior structures, and interiors of vessels while afloat at a dock. However, the DEP recently issued a notice of violation to one of the State's small shipyards, requiring that the shipyard cease blasting and painting vessels over water and requiring that such work be conducted on a rail bed or dry dock. This bill is intended to minimize the adverse economic impact of this change in DEP regulation of the State's small shipyards, which are critical to the region's maritime economy. To prevent small shipyards from continuing to blast and paint vessels while moored would add significant costs to the shipyards by requiring those vessels to be removed from the water and worked on while on a rail bed or dry dock, thus limiting the number of vessels that a shipyard may accommodate at any one time, and leaving vessels out of service for a longer period of time, which would ultimately increase costs to vessel owners. As a result, vessel owners may choose to defer necessary repairs, creating unsafe conditions, and small shipyards may be forced to shut down, leaving many employees out of work.