SENATE, No. 183

STATE OF NEW JERSEY

216th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 


 

Sponsored by:

Senator  JIM WHELAN

District 2 (Atlantic)

 

 

 

 

SYNOPSIS

     Establishes criteria and requirements for shore protection project priority list and funding from Shore Protection Fund.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning shore protection projects and amending P.L.1992, c.148 and P.L.1997, c.384.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    Section 1 of P.L.1992, c.148 (C.13:19-16.1) is amended to read as follows:

     1.    a.  There is created in the Department of the Treasury a special non-lapsing fund to be known as the "Shore Protection Fund."  The monies in the fund are dedicated and shall only be used to carry out the purposes enumerated in subsection b. of this section.  The fund shall be credited with all revenues collected and deposited in the fund pursuant to section 4 of P.L.1968, c.49 (C.46:15-8), all interest received from the investment of monies in the fund, and any monies which, from time to time, may otherwise become available for the purposes of the fund.  Pending the use thereof pursuant to the provisions of subsection b. of this section, the monies deposited in the fund shall be held in interest-bearing accounts in public depositories, as defined pursuant to section 1 of P.L.1970, c.236 (C.17:9-41), and may be invested or reinvested in such securities as are approved by the State Treasurer.  Interest or other income earned on monies deposited into the fund shall be credited to the fund for use as set forth in this act for other monies in the fund.

     b.    (1) Monies deposited in the "Shore Protection Fund" shall be used, in accordance with the priority list approved by the Legislature pursuant to section 1 of P.L.1997, c.384 (C.13:19-16.2), for shore protection projects associated with the protection, stabilization, restoration or maintenance of the shore, including monitoring studies and land acquisition, consistent with the priorities and criteria set forth in paragraph (1) of subsection a. of section 1 of P.L.1997, c.384 and the current New Jersey Shore Protection Master Plan prepared pursuant to section 5 of P.L.1978, c.157, and may include the nonfederal share of any State-federal project.  The requirements of subsection c. of section 1 of P.L.1997, c.384 (C.13:19-16.2) notwithstanding, the Commissioner of Environmental Protection may, pursuant to appropriations made by law, allocate monies deposited in the fund for shore protection projects of an emergency nature, in the event of storm, stress of weather or similar act of God.  Two percent of the monies annually deposited in the fund shall be allocated and annually appropriated for the purposes of funding the Coastal Protection Technical Assistance Service established pursuant to section 1 of P.L.1993, c.176 (C.18A:64L-1), of which amount up to $100,000 annually may be utilized for funding coastal engineering research and development to be conducted by Stevens Institute of Technology in response to requests therefor made by State or local governmental entities.

     (2)   (a) Notwithstanding the provisions of paragraph (1) of this subsection, in State Fiscal Year 2009 up to $9,000,000 of the monies deposited in the Shore Protection Fund may be used to help defray the cost of operation and maintenance of State parks and forests as defined in subsection e. of section 3 of P.L.1983, c.324 (C.13:1L-3).

     (b)   (i) If the unobligated balance of the monies in the Shore Protection Fund on June 30, 2009 is less than $20,000,000, as certified by the State Treasurer, the sum of $9,000,000 shall be appropriated and credited to the Shore Protection Fund, to be used solely for the purposes prescribed in paragraph (1) of this subsection, from the proceeds of the State portion of the basic fee, collected pursuant to P.L.1968, c.49 (C.46:15-5 et seq.) and paid to the State Treasurer pursuant to paragraph (2) of subsection b. of section 4 of P.L.1968, c.49 (C.46:15-8), excluding any amounts from those proceeds credited to the Shore Protection Fund pursuant to paragraph (1) of subsection c. of section 4 of P.L.1968, c.49 (C.46:15-8), or from such other unappropriated revenues as the State Treasurer may determine that are not otherwise dedicated by law.

     (ii)   If the requirements of subsubparagraph (i) of this subparagraph are not met for any reason, or any portion of the sum of $9,000,000 transferred and credited to the Shore Protection Fund pursuant to that subsubparagraph is used for any purpose other than the purposes prescribed in paragraph (1) of this subsection, the Director of the Division of Budget and Accounting in the Department of the Treasury shall, not later than five days thereafter, certify to the Director of the Division of Taxation that these requirements have not been met.

(cf:  P.L.2008, c.31, s.1)

 

     2.    Section 1 of P.L.1997, c.384 (C.13:19-16.2) is amended to read as follows:

     1.    a.  The Commissioner of Environmental Protection shall [develop] adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B‑1 et seq.), a priority system for ranking shore protection projects and establish appropriate criteria therefor. 

[Commencing with the fiscal year beginning on July 1, 1999, and for each fiscal year thereafter, the] The commissioner shall use the priority system to establish a shore protection project priority list for projects designated to receive funding pursuant to an appropriation made from the Shore Protection Fund, hereinafter referred to as the "fund," established pursuant to section 1 of P.L.1992, c.148 (C.13:19-16.1). 

     (1)   The priority system adopted and the shore protection project priority list established pursuant to this subsection shall (a) require all shore protection projects that include a structural component to include appropriate non-structural components such as dune creation and enhancement elements and local dune protection ordinances, and (b) provide priority to:

      (i) the acquisition of hazard-prone property for which the department has denied an application for a permit pursuant to R.S.12:5-1 et seq., “The Wetlands Act of 1970,” P.L.1970, c.272 (C.13:9A-1 et seq.), the “Freshwater Wetlands Protection Act,” P.L.1987, c.156 (C.13:9B-1 et seq.), the “Coastal Area Facility Review Act,” P.L.1973, c.185 (C.13:19-1 et seq.), or the “Flood Hazard Area Control Act,” P.L.1962, c.19 (C.58:16A-50 et seq.);

      (ii) projects involving non-structural shore protection solutions over structural solutions; and

     (iii)  projects in locations that provide new or enhanced public access to the waterfront, especially physical access to the waterfront, public parking, and public rest room facilities.

     (2)   The shore protection project priority list shall include a description of each project and its purpose, impact, estimated cost, and estimated construction schedule, and an explanation of the manner in which priorities were established.  The commissioner shall conduct, or cause to be conducted, a cost-benefit analysis for each project on the project priority list and demonstrate that each project provides a net financial benefit to the State.

     (3)   The commissioner shall:  post the shore protection project priority list established pursuant to this subsection on the department's Internet website; and hold one public hearing annually to receive public input on the priority system and project priority list.

     (4)   A description of the priority system and the shore protection project priority list for the ensuing fiscal year shall be submitted to the Legislature on or before January 31 of each year on a day when both Houses are meeting.  The President of the Senate and the Speaker of the General Assembly shall cause the date of submission to be entered upon the Senate Journal and the Minutes of the General Assembly, respectively, and shall cause the project priority list to be introduced in each House in the form of legislative bills authorizing the expenditure of monies appropriated pursuant to section 1 of P.L.1992, c.148 (C.13:19-16.1) for projects on the list, and shall refer these bills to the Senate Economic Growth [, Agriculture and Tourism] Committee, the Senate Budget and Appropriations Committee, the General Assembly Environment [, Science and Technology] and Solid Waste Committee, and the General Assembly Appropriations Committee, or their successors, for their respective consideration.

     b.    Within 60 days of the referral thereof, the Senate Economic Growth [, Agriculture and Tourism] Committee, the Senate Budget and Appropriations Committee, the General Assembly Environment [, Science and Technology] and Solid Waste Committee, and the General Assembly Appropriations Committee, or their successors, shall, either individually or jointly, consider the legislation containing the shore protection project priority list, and shall report the legislation, together with any modifications, out of committee for consideration by each House of the Legislature.  On or before June 1 of each year, the Legislature shall approve the legislation containing the project priority list, including any amendatory or supplementary provisions thereto.  The legislation approved by the Legislature shall authorize the expenditure of monies appropriated to the Department of Environmental Protection from the Shore Protection Fund for the specific projects, including the estimated amounts therefor, on the project priority list.

     c.     No monies appropriated from the Shore Protection Fund to the Department of Environmental Protection shall be expended for any shore protection project unless the estimated expenditure is authorized pursuant to legislation approved in accordance with the provisions of subsection b. of this section or unless the shore protection project is of an emergency nature pursuant to the provisions of subsection b. of section 1 of P.L.1992, c.148 (C.13:19-16.1).  The department is authorized to transfer monies between authorized projects to compensate for the differences between the estimated and actual costs of a project.  If the Legislature fails to approve legislation within the time frame specified pursuant to subsection b. of this section, the expenditure of monies appropriated from the Shore Protection Fund shall be authorized pursuant to the provisions of the annual appropriations act.

(cf:  P.L.1997, c.384, s.1)

 

     3.    This act shall take effect immediately.

 

 

STATEMENT

 

     The bill amends P.L.1992, c.148 (C.13:19-16.1), the law concerning the use of monies in the Shore Protection Fund, to specify that projects must be consistent with the new priority system and criteria to be developed pursuant to the bill in order to be eligible for monies from the Shore Protection Fund. 

     In addition, this bill amends P.L.1997, c.384 (C.13:19-16.2), the law that requires the Commissioner of Environmental Protection to develop a priority system and criteria therefor for ranking shore protection projects.  Under the new system, priority would be given to projects for the acquisition of hazard-prone property for which the department has denied an application for certain land use permits, projects involving non-structural shore protection solutions over structural solutions, and projects in locations that provide new or enhanced public access to the waterfront, especially physical access to the waterfront, public parking, and public rest room facilities.  Under the bill, all shore protection projects that include a structural component would be required to also include appropriate non-structural components, such as dune creation or enhancement elements and local dune protection ordinances.  The bill directs the commissioner to adopt the priority ranking system pursuant to the “Administrative Procedure Act.”

     The bill also requires the commissioner to conduct, or cause to be conducted, a cost-benefit analysis for each project on the shore protection project priority list and demonstrate that each project provides a net financial benefit to the State.  Lastly, the bill requires the shore protection project priority list to be posted on the department's website and directs the commissioner to annually hold a public hearing to receive public input on the priority system and project priority list.