Bill Text: NJ S2471 | 2010-2011 | Regular Session | Introduced
Bill Title: Extends moratorium on implementation of certain regulations relating to public access at marinas and eliminates Public Access and Marina Safety Task Force.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-12-09 - Introduced in the Senate, Referred to Senate Environment and Energy Committee [S2471 Detail]
Download: New_Jersey-2010-S2471-Introduced.html
Sponsored by:
Senator ANDREW R. CIESLA
District 10 (Monmouth and Ocean)
SYNOPSIS
Extends moratorium on implementation of certain regulations relating to public access at marinas and eliminates Public Access and Marina Safety Task Force.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning public access requirements for marinas, amending P.L.2008, c.82, and repealing various sections of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2008, c.82 (C.13:19-39) is amended to read as follows:
2. The Legislature finds and declares that:
a. The Public Trust Doctrine is an important legal principle that establishes the right of the public to use tidal waterways and their shores, including the ocean, bays, and tidal rivers;
b. As interpreted today, the Public Trust Doctrine upholds that public rights to tidal waterways and their shores are held by the State in trust for the benefit of all of the people, and recognizes and protects natural resources as well as recreational uses such as swimming, sunbathing, fishing, boating and walking along tidal waterways and their shores;
c. Marinas are a unique and essential part of the State's waterfront community, providing access to a variety of recreational activities, and providing important boating infrastructure and services, that should be encouraged;
d. In December 2007, the Department of Environmental Protection adopted rules and regulations, and issued a concurrent regulatory proposal, governing public access at marinas, which rules and regulations are both economically destructive and practically unworkable for the marina industry; and
e. It is therefore in the public interest to [conduct a study of the efficacy, practicability and feasibility of these rules and regulations and to] impose a moratorium on [their] the implementation of these rules and regulations until such time as the affected parties have had the opportunity to address the many and variegated issues raised thereby.
The Legislature therefore determines that a moratorium on the implementation of the rules and regulations adopted by the Department of Environmental Protection in December 2007 governing public access at marinas is critical to ensure that all affected interests are taken into account, thus increasing the likelihood of a more reasonable and equitable policy emerging therefrom.
(cf: P.L.2008, c.82, s.2)
2. Section 3 of P.L.2008, c.82 (C.13:19-40) is amended to read as follows:
3. There shall be a moratorium on the implementation of the provisions of N.J.A.C.7:7E-3.50, N.J.A.C.7:7E-7.3 and N.J.A.C.7:7E-8.11, as applied to marinas, as such rules and regulations were adopted by the Department of Environmental Protection on December 17, 2007. [During the moratorium the Public Access and Marina Safety Task Force established pursuant to section 4 of this act shall conduct the study required pursuant to section 5 of this act.] The moratorium shall expire on December 31, [2010] 2011.
(cf: P.L.2008, c.82, s.3)
3. a. The following sections are repealed on the effective date of this act:
Section 1 of P.L.2008, c.82 (C.13:19-38);
Section 4 of P.L.2008, c.82 (C.13:19-41);
Section 5 of P.L.2008, c.82 (C.13:19-42); and
Section 6 of P.L.2008, c.82 (C.13:19-43).
b. The following sections are repealed upon the expiration of the moratorium established pursuant to section 3 of P.L.2008, c.82 (C.13:19-40):
Title of P.L.2008, c.82;
Section 2 of P.L.2008, c.82 (C.13:19-39);
Section 3 of P.L.2008, c.82 (C.13:19-40);
Section 7 of P.L.2008, c.82 (C.13:19-44); and
Section 8 of P.L.2008, c.82.
4. This act shall take effect immediately.
STATEMENT
Current law imposes a moratorium on the implementation of certain regulations of the Department of Environmental Protection at N.J.A.C.7:7E-3.50, N.J.A.C.7:7E-7.3, and N.J.A.C.7:7E-8.11, which, in part, relate to public access at marinas. In addition, current law requires the Public Access and Marina Safety Task Force to study and report on these rules. The moratorium is set to expire on December 31, 2010. This bill would extend the moratorium until December 31, 2011. Furthermore, this bill would eliminate the Public Access and Marina Safety Task Force and the requirement for it to conduct a study and issue a report.
