Bill Text: NJ AR88 | 2014-2015 | Regular Session | Introduced
Bill Title: Urges Congress to amend federal law to clarify that emergent matters imperiling health and safety of U.S. citizens qualify for waiver under Jones Act.
Sponsorship: Partisan Bill (Democrat 2)
Status: (Passed) 2014-02-27 - Filed with Secretary of State [AR88 Detail]
Download: New_Jersey-2014-AR88-Introduced.html
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
SYNOPSIS
Urges Congress to amend federal law to clarify that emergent matters imperiling health and safety of U.S. citizens qualify for waiver under Jones Act.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution urging Congress to amend federal law to clarify that emergent matters imperiling the health and safety of U.S. citizens qualify for a waiver under the Jones Act.
Whereas, Section 27 of the Merchant Marine Act of 1920, also known as the Jones Act, requires that maritime transport of cargo between points in the United States be carried by U.S.-flagged vessels, which means that those vessels are owned by U.S. citizens, registered and built in the United States, and operated with predominantly U.S.-citizen crews; and
Whereas, The requirements of the Jones Act may be waived only in circumstances when the Secretary of Defense requests such a waiver in the interest of national defense or when the Maritime Administrator at the U.S. Department of Transportation determines that there are no qualified U.S.-flagged vessels available and the waiver is necessary in the interest of national defense; and
Whereas, Waivers were granted by the Maritime Administrator for foreign vessels carrying oil and natural gas following Hurricane Katrina in 2005, for an emergency shipment of gasoline in Alaska in 2012, and for the shipment of petroleum products following widespread fuel shortages caused by Hurricane Sandy in 2012; and
Whereas, New Jersey has suffered a particularly harsh winter, necessitating the use of over 370,000 tons of rock salt in order to make the roads safe for transportation and the expenditure of a record $82.3 million for snow removal by the New Jersey Department of Transportation; and
Whereas, As a result, the State's supply of rock salt has been depleted, creating a need for the shipment of additional rock salt so that the State may be prepared for potential snowfall and wintry precipitation; and
Whereas, An empty cargo ship, the Anastasia S, was prepared to load and deliver 40,000 tons of rock salt from Maine to Port Newark but was prevented from doing so under the Jones Act because the ship is not a U.S.-flagged vessel; and
Whereas, According to the New Jersey Department of Transportation, the State requested that the federal government grant a waiver of the requirements of the Jones Act so that 40,000 tons of rock salt could be transported from Maine by the Anastasia S to Port Newark; and
Whereas, The request for a waiver was denied because the ship is not a U.S.-flagged vessel, despite the fact that no other vessels could transport the 40,000 tons of rock salt and the depleted supply of rock salt in the State would imperil the health and safety of the residents of New Jersey, along with any individuals traveling in or through the State, in the event of another snowstorm; and
Whereas, This matter can be resolved by Congress through the passage of appropriate legislation either clarifying or broadening what circumstances qualify for a waiver under the Jones Act in order to ensure that the health and safety of United States citizens is not unnecessarily imperiled in the future; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House respectfully urges Congress to amend federal law to either clarify that emergent matters imperiling the health and safety of United States citizens qualify for a waiver under the provisions of 46 U.S.C. 501(b) or broaden the scope of what conditions qualify for a waiver under the provisions of 46 U.S.C. 501(b).
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Majority and Minority Leaders of the United States Senate, to the Speaker and Minority Leader of the United States House of Representatives, and to each member of Congress elected from this State.
STATEMENT
This resolution urges Congress to amend federal law to either clarify that emergent matters imperiling the health and safety of United States citizens qualify for a waiver under the Jones Act or to broaden the scope of what conditions qualify for a waiver under the act.
As a result of harsh winter conditions this year, the New Jersey Department of Transportation needed to use over 370,000 tons of rock salt, depleting its supply. Although there are 40,000 tons of rock salt available for shipment from Maine, the State has been unable to receive the shipment as a result of restrictions imposed on the maritime transport of cargo under the Jones Act. The State requested, but was denied, a waiver of the restrictions.
The denial created a situation where the health and safety of New Jersey residents and other United States citizens would be imperiled if a snowstorm were to reach New Jersey and there was insufficient rock salt available for the New Jersey Department of Transportation to provide for clear and safe roadways.
