ASSEMBLY, No. 1096

 

STATE OF NEW JERSEY

 

Introduced Pending Technical Review by Legislative Counsel

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman CORODEMUS

 

 

An Act concerning the restoration of navigable waterways, and supplementing Title 58 of the Revised Statutes.

 

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

 

    1. This act shall be known and may be cited as the "Navigable Waterways Restoration Trust Act."

 

    2. a. The Legislature finds that navigable waterways and their environs are a vital economic and natural resource for the citizens of the State of New Jersey; that the continued viability of the State's navigable waterways and their environs as a maritime, fishing, tourism and recreational resource depends to a great extent on the environmental conditions and quality of the waters and sediments in and around the various inland waterways and their tributaries, including navigable waterways connecting with the Atlantic ocean; that certain studies and reports have indicated the presence of various dredged material and other substances including, but not limited to, polychlorinated biphenals, heavy metals, petroleum hydrocarbons and other constituents resulting from industrial development, agriculture, wastewater effluent, stormwater runoff and other point and non-point sources; that these materials and substances are deleterious to the environmental health and quality of the State's navigable waterways and their environs, and have resulted in limitations on the ability to meet historic commercial navigation requirements such as dredging, and restrictions on the ability to continue the harvesting of crabs and other sea-life; and that it is fitting and proper for the State of New Jersey to establish and encourage demonstration projects for the restoration of the State's navigable waterways and their environs.

    b. The Legislature therefore determines that it is in the public interest to establish the "Navigable Waterways Restoration Trust" for the design, development, construction, financing and operation of demonstration projects for the restoration of these vital natural resources.

    3. As used in this act:

    "Capping" means the use of clean dredged material or clean fill as cover to contain contaminated dredged material and to minimize or prevent the exposure of those sediments to the surrounding aquatic environment;

    "Contaminated dredged material" means dredged material that is, in the determination of the federal Environmental Protection Agency, either unsuitable for ocean disposal or suitable for ocean disposal only with capping;

    "Decontamination" means a process whereby contaminants are removed from contaminated dredged material such that the end product is suitable for ocean disposal;

    "Geotextile bag" means a bag composed of geotextile fabric that is used to contain dredged material;

    "Subaqueous pit" means an excavated area within a waterway used for the disposal of dredged material;

    "Trust" means the Navigable Waterways Restoration Trust created pursuant to this act;

    "Upland disposal" means the disposal of dredged material at a site landward of the mean high water line of tidal waters.

 

    4. a. There is established in, but not of, the Department of Environmental Protection a body corporate and politic, with corporate succession, to be known as the "Navigable Waterways Restoration Trust." The trust is constituted as an instrumentality of the State exercising public and essential governmental functions, no part of whose revenues shall accrue to the benefit of any individual, and the exercise by the trust of the powers conferred by this act shall be deemed and held to be an essential governmental function of the State.

    b. The trust shall consist of a seven-member board of directors who shall be residents of the State. Of these members, one shall be a resident of a municipality bordering on a navigable waterway; one shall be a resident of a municipality through which flows an inland waterway or navigable stream; one shall have a demonstrated knowledge of, and expertise in, marine pollution issues; and the remaining members shall be appointed from among persons who shall have a demonstrated expertise or training in: coastal resource preservation; marine fisheries; tourism; environmental engineering; maritime issues or navigation policy.

    c. The seven-member board of directors shall be appointed as follows: one person appointed by the Governor upon the recommendation of the President of the Senate and one person appointed by the Governor upon the recommendation of the Speaker of the General Assembly, who shall serve during the two-year legislative term in which they are appointed; and five residents of the State appointed by the Governor with the advice and consent of the Senate, who shall serve for terms of four years, except that the first two appointed shall serve terms of two and three years respectively. Each appointed director shall serve until his successor has been appointed and qualified. A director is eligible for reappointment. Any vacancy shall be filled in the same manner as the original appointment, but for the unexpired term only.

    d. Each appointed director may be removed from office by the Governor for cause, upon the Governor's consideration of the findings and recommendations of an administrative law judge after a public hearing before the judge, and may be suspended by the Governor pending the completion of the hearing. Each director, before entering upon the duties of the office, shall take and subscribe an oath to perform the duties of the office faithfully, impartially and justly to the best of that person's ability. A record of oaths shall be filed in the office of the Secretary of State.

    e. The trust shall elect from within its membership one of the appointed directors to be the chairman and chief executive officer of the trust and the directors shall biannually elect a vice-chairman from among the appointed directors.

    f. The chairman shall serve as such for a term of two years and until a successor has been designated. A chairman shall be eligible to be reelected for one additional two year term. The directors shall elect a secretary and treasurer, who need not be directors, and the same person may be elected to serve as both secretary and treasurer.

 

    5. a. The powers of the trust are vested in the directors in office from time to time and four directors shall constitute a quorum at any meeting. Action may be taken and motions and resolutions adopted by the trust by the affirmative majority vote of those directors present, but in no event shall any action be taken or motions or resolutions adopted without the affirmative vote of at least four members. No vacancy on the board of directors of the trust shall impair the right of a quorum of the directors to exercise the powers and perform the duties of the trust.

    b. No action of the trust shall be undertaken until such action has been reviewed by the Commissioner of the Department of Environmental Protection.

    c. Any action taken by the trust shall be approved by the Governor as provided in section 9 of this act.

 

    6. Each director and the treasurer of the trust shall execute a bond to be conditioned upon the faithful performance of the duties of the director or treasurer in a form and amount as may be prescribed by the State Treasurer. Bonds shall be filed in the office of the Secretary of State. At all times thereafter, the directors and treasurer shall maintain these bonds in full effect. All costs of the bonds shall be borne by the trust.

 

    7. a. The directors of the trust shall serve without compensation, but the trust shall reimburse the directors for actual and necessary expenses incurred in the performance of their duties.

    b. If a director accumulates three consecutive unexcused absences from the regular scheduled meetings of the trust, that seat shall be declared vacant by the trust, and the Governor shall be so notified in order to appoint a replacement.

    c. Notwithstanding the provisions of any other law to the contrary, no officer or employee of the State shall be deemed to have forfeited or shall forfeit any office or employment or any benefits or emoluments thereof by reason of the acceptance of the office of director of the trust or that person's services thereon.

 

    8. The trust may be dissolved by law; provided the trust has no debts or obligations outstanding or that provision has been made for the payment or retirement of these debts or obligations. The trust shall continue in existence until dissolved by act of the Legislature. Upon any dissolution of the trust all property, funds and assets of the trust shall be vested in the State.

 

    9. a. A true copy of the minutes of every meeting of the trust shall be forthwith delivered by and under the certification of the secretary thereof to the Governor and at the same time to the Senate and General Assembly. The time and act of this delivery shall be duly recorded on a delivery receipt.

    No action taken or motion or resolution adopted at a meeting by the trust shall have effect until 10 days, exclusive of Saturdays, Sundays and public holidays, after a copy of the minutes has been delivered to the Governor, unless during the 10-day period the Governor shall approve all or part of the actions taken or motions or resolutions adopted, in which case the action or motion or resolution shall become effective upon the approval.

    If, in the 10-day period, the Governor returns the copy of the minutes with a veto of any action taken by the trust or any member thereof at that meeting, the action shall be of no effect. The Senate or General Assembly shall have the right to provide written comments concerning the minutes to the Governor within the 10-day period, which comments shall be returned to the trust by the Governor with his approval or veto of the minutes.

    The powers conferred in this subsection upon the Governor shall be exercised with due regard for the rights of the holders of bonds, notes and other obligations of the trust at any time outstanding, and nothing in, or done pursuant to, this subsection shall in any way limit, restrict or alter the obligation or powers of the trust or any representative or officer of the trust to carry out and perform each covenant, agreement or contract made or entered into by or on behalf of the trust with respect to its bonds, notes or other obligations or for the benefit, protection or security of the holders thereof.

    b. No resolution or other action of the trust providing for the issuance of bonds, refunding bonds, notes or other obligations shall be adopted or otherwise made effective by the trust without the prior approval in writing of the Governor and the State Treasurer. The trust shall provide the Senate and General Assembly with written notice of any request for approval of the Governor and State Treasurer at the time the request is made, and shall also provide the Senate and General Assembly written notice of the response of the Governor and State Treasurer at the time that the response is received by the trust.

 

    10. a. The trust is hereby authorized and empowered to initiate the restoration and improvement of the environmental quality of any of the State's navigable waterways and its environs as a maritime, fishing, tourism and recreational resource through the construction of subaqueous pits as a demonstration project for the disposal of contaminated dredged material which are deemed to be unsuitable for ocean disposal in accordance with all applicable federal and State laws, rules or regulations.

    b. The trust is authorized to purchase, construct, lease or operate any facility deemed to be necessary or useful and convenient in connection with any demonstration project authorized by this act; to conduct or contract for the necessary studies or assessments in preparation thereof; to charge and collect such fees or charges for the use thereof at such rates as are appropriate and sufficient to compensate for the costs of such preparation, construction, operation and administration without profit to the trust; and for any such purposes to hold, lease, or operate real and personal property, and to borrow money for the purchase and operation of same.

 

    11. Except as otherwise limited by this act, the trust may:

    a. Make and alter bylaws for its organization and internal management and, subject to agreements with holders of its bonds, notes or other obligations, make rules and regulations with respect to its operations, properties and facilities;

    b. Adopt an official seal and alter it;

    c. Sue and be sued;

    d. Make and enter into all contracts, leases and agreements necessary or incidental to the performance of its duties and the exercise of its powers under this act, and subject to any agreement with the holders of the trust's bonds, notes or other obligations, consent to any modification, amendment or revision of any contract, lease or agreement to which the trust is a party;

    e. Enter into agreements or other transactions with and accept grants, appropriations and the cooperation of the State, or any State agency, in furtherance of the purposes of this act, and do anything necessary in order to avail itself of that aid and cooperation;

    f. Receive and accept aid or contributions from any source of money, property, labor or other things of value, to be held, used and applied to carry out the purposes of this act, subject to the conditions upon which that aid and those contributions may be made, including, but not limited to, gifts or grants from any department or agency of the State, or any State agency, for any purpose consistent with this act;

    g. Acquire, own, hold, construct, improve, rehabilitate, renovate, operate, maintain, sell, assign, exchange, lease, mortgage or otherwise dispose of real and personal property, or any interest therein, in the exercise of its powers and the performance of its duties under this act;

    h. Appoint and employ an executive director and any other officers or employees as it may require for the performance of its duties, without regard to the provisions of Title 11A of the New Jersey Statutes;

    i. Borrow money and issue bonds, notes and other obligations, and secure the same, and provide for the rights of the holders thereof as provided in this act;

    j. Subject to any agreement with holders of its bonds, notes or other obligations, invest moneys of the trust not required for immediate use, including proceeds from the sale of any bonds, notes or other obligations, in any obligations, securities and other investments in accordance with the rules and regulations of the State Investment Council or as may otherwise be approved by the Director of the Division of Investment in the Department of the Treasury upon a finding that such investments are consistent with the corporate purposes of the trust;

    k. Procure insurance to secure the payment of its bonds, notes or other obligations in accordance with this act, or against any loss in connection with its property and other assets and operations, in any amounts and from any insurers as it deems desirable;

    l. Engage the services of attorneys, accountants, engineers, and financial experts and any other advisors, consultants, experts and agents as may be necessary in its judgment and fix their compensation;

    m. Subject to any agreement with holders of its bonds, notes or other obligations, purchase bonds, notes and other obligations of the trust and hold the same for resale or provide for the cancellation thereof, all in accordance with the provisions of this act;

    n. Subject to any agreement with holders of its bonds, notes or other obligations, obtain as security or to provide liquidity for payment of all or any part of the principal of and interest and premium on the bonds, notes and other obligations of the trust or for the purchase upon tender or otherwise of the bonds, notes or other obligations, lines of credit, letters of credit and other security agreements or instruments in any amounts and upon any terms as the trust may determine, and pay any fees and expenses required in connection therewith;

    o. Make payments to the State from any moneys of the trust available therefor as may be required pursuant to any agreement with the State or act appropriating moneys to the trust; and

    p. Take any action necessary or convenient to the exercise of the foregoing powers or reasonably implied therefrom.

 

    12. a. Except as may be otherwise expressly provided in the provisions of this act, the trust may from time to time issue its bonds, notes or other obligations in any principal amounts as in the judgment of the trust shall be necessary to provide sufficient funds for any of its corporate purposes, including the payment, funding or refunding of the principal of, or interest or redemption premiums on, any bonds, notes or other obligations issued by it, whether the bonds, notes or other obligations or the interest or redemption premiums thereon to be funded or refunded have or have not become due, the establishment or increase of reserves or other funds to secure or to pay the bonds, notes or other obligations or interest thereon and all other costs or expenses of the trust incident to and necessary to carry out its corporate purposes and powers.

    b. Whether or not the bonds, notes or other obligations of the trust are of a form and character as to be negotiable instruments under the terms of Title 12A of the New Jersey Statutes, the bonds, notes and other obligations are made negotiable instruments within the meaning of and for the purposes of Title 12A, subject only to the provisions of the bonds, notes and other obligations for registration.

    c. Bonds, notes or other obligations of the trust shall be authorized by a resolution or resolutions of the trust and may be issued in one or more series and shall bear any date or dates, mature at any time or times, bear interest at any rate or rates of interest per annum, be in any denomination or denominations, be in any form, either coupon, registered or book entry, carry any conversion or registration privileges, have any rank or priority, be executed in any manner, be payable in any coin or currency of the United States which at the time of payment is legal tender for the payment of public and private debts, at any place or places within or without the State, and be subject to any terms of redemption by the trust or the holders thereof, with or without premium, as the resolution or resolutions may provide. A resolution of the trust authorizing the issuance of bonds, notes or other obligations may provide that the bonds, notes or other obligations be secured by a trust indenture between the trust and a trustee, vesting in the trustee any property, rights, powers and duties in trust consistent with the provisions of this act as the trust may determine.

    d. Bonds, notes or other obligations of the trust may be sold at any price or prices and in any manner as the trust may determine. Each bond, note or other obligation shall mature and be paid not later than 20 years from the effective date thereof, or the certified useful life of the project or projects to be financed by the bonds, whichever is less.

    All bonds of the trust shall be sold at such price or prices and in such manner as the trust shall determine, after notice of sale, a summary of which shall be published at least once in at least three newspapers published in the State of New Jersey, and at least once in a publication carrying municipal bond notices and devoted primarily to financial news, published in New Jersey or the city of New York, the first notice to be at least five days prior to the day of bidding. The notice of sale may contain a provision to the effect that any or all bids made in pursuance thereof may be rejected. In the event of such rejection or of failure to receive any acceptable bid, the trust, at any time within 60 days from the date of such advertised sale, may sell such bonds at private sale upon terms not less favorable to the State than the terms offered by any rejected bid. The trust may sell all or part of the bonds of any series as issued to any State fund or to the federal government or any agency thereof, at private sale, without advertisement.

    e. Bonds, notes or other obligations of the trust may be issued under the provisions of this act without obtaining the consent of any department, division, board, bureau or agency of the State, and without any other proceedings or the happening of any other conditions or things, other than those consents, proceedings, conditions or things which are specifically required by this act.

    f. Bonds, notes or other obligations of the trust issued under the provisions of this act shall not be a debt or liability of the State or of any political subdivision thereof other than the trust and shall not create or constitute any indebtedness, liability or obligation of the State or any political subdivision, but all these bonds, notes and other obligations, unless funded or refunded by bonds, notes or other obligations, shall be payable solely from revenues or funds pledged or available for their payment as authorized in this act. Each bond, note and obligation shall contain on its face a statement to the effect that the trust is obligated to pay the principal thereof or the interest thereon only from its revenues, receipts or funds pledged or available for their payment as authorized in this act, and that neither the State, nor any political subdivision thereof, is obligated to pay the principal or interest and that neither the faith and credit nor the taxing power of the State, or any political subdivision thereof, is pledged to the payment of the principal of or the interest on the bonds, notes or other obligations.

    g. The trust may issue bonds, notes or other obligations, including subordinated indebtedness of the trust, which shall be issued for refunding purposes, whenever the refunding shall be determined to result in a debt service savings, as hereinafter provided:

    (1) Upon the decision by the trust to issue refunding bonds, and prior to the sale of those bonds, the trust shall transmit to the Joint Appropriations Committee's Subcommittee on Transfers, or its successor, a report that a decision has been made, reciting the basis on which the decision was made, including an estimate of the debt service savings to be achieved and the calculations upon which the trust relied when making the decision to issue refunding bonds. The report shall also disclose the intent of the trust to issue and sell the refunding bonds at public or private sale and the reasons therefor.

    (2) The Joint Appropriations Committee's Subcommittee on Transfers shall have the authority to approve or disapprove the sales of refunding bonds as included in each report submitted in accordance with paragraph (1) of this subsection. The subcommittee shall notify the trust in writing of the approval or disapproval as expeditiously as possible.

    (3) No refunding bonds shall be issued unless the report has been submitted to and approved by the Joint Appropriations Committee's Subcommittee on Transfers as set forth in paragraphs (1) and (2) of this subsection.

    (4) Within 30 days after the sale of the refunding bonds, the trust shall notify the Subcommittee on Transfers of the result of that sale, including the prices and terms, conditions and regulations concerning the refunding bonds, the actual amount of debt service savings to be realized as a result of the sale of refunding bonds, and the intended use of the proceeds from the sale of those bonds.

    (5) The subcommittee shall review all information and reports submitted in accordance with this subsection and may, on its own initiative, make observations to the trust, or to the Legislature, or both, as it deems appropriate.

    h. Each issue of bonds, notes or other obligations of the trust may, if it is determined by the trust, be general obligations thereof payable out of any revenues, receipts or funds of the trust, or special obligations thereof payable out of particular revenues, receipts or funds, subject only to any agreements with the holders of bonds, notes or other obligations.

 

    13. The trust may adopt such rules or regulations as it deems necessary for the operations of its facilities. Any such rules or regulations shall be published for public comment at least sixty days in advance of their implementation.

    Notwithstanding the provisions of any other law, rule or regulation to the contrary, any rules or regulations adopted by the trust pursuant to this section shall not be subject to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), but any such rules or regulations shall be binding and effective upon all persons and corporations affected thereby.

 

    14. Except as otherwise limited by this act, the trust may:

    a. assess, for priority consideration, research agendas and action plans recommended by other State agencies for the improvement of the navigable waterways within its jurisdiction;

    b. initiate special areas of research;

    c. coordinate and recommend laws, rules or regulations affecting its jurisdictional area;

    d. communicate with the Governor and the Legislature of the State of New York, as well as the Congress of the United States and the federal government, and such other public or private agencies as may be appropriate, on areas of mutual concern; and

    e. assess the impact of any action proposed in or for the Hudson-Raritan Estuary or the New York-New Jersey Bight Area, and communicate with the agencies or private groups contemplating any such studies or action.

 

    15. Until the revenues accrued from loans and operational fees and charges are sufficient to meet all expenditures, the Legislature shall appropriate such sums as shall be recommended by the trust and approved by the Governor, to meet such salaries, administrative expenses, and costs of operation of the trust as may be provided pursuant to the provisions of this act. The trust shall not obligate any such sums unless the Legislature shall have adopted an act making a specific appropriation of moneys to the trust.

 

    16. The trust is authorized to apply for and receive a loan from the New Jersey Wastewater Treatment Trust established pursuant to P.L.1985, c.334 (C.58:11B-1 et seq.), or from any other state or federal sources as may be available to it.

 

    17. a. (1) The trust may, in cooperation with the Department of Environmental Protection, the Department of Commerce and Economic Development, the Port Authority of New York and New Jersey, and the appropriate federal agencies, construct, operate and maintain subaqueous pits in Newark Bay for the proper disposal of sediments from dredging operations in the port district of New Jersey, and the channels and waterways servicing the port district. The trust may utilize additional techniques to supplement or enhance its activities through the employment of decontamination technologies, the use of geotextile bags, siting and use of upland disposal and storage, and such other methodologies as may be appropriate and necessary to effectuate its corporate purposes.

    (2) The trust may charge and collect reasonable fees for the disposal of any such sediments.

    (3) The trust may establish a system of evaluating and prioritizing applications for disposal, coordinate and recommend volume reduction and alternative beneficial re-use, and evaluate and recommend additional upland and in-water disposal operations.

    b. (1) The trust may coordinate and encourage further research for the restoration of the Newark Bay area, and communicate and coordinate with the various private and public institutions engaged in these efforts.

    (2) The trust may assist in the development of financial support for any project aimed at restoration of the Newark Bay area, provided that any such funding may not be the subject to, or included in, the fees or charges imposed and collected for the disposal of contaminated dredged material in the subaqueous pits developed by the trust.

    c. The trust may assist in the collection of costs from those identified as contributors to the contamination of the harbor area, and assist public and private agencies in the pursuit of compensation therefor. No activity or undertaking by the trust shall diminish or negate the rights of users of the trust's facilities from pursuing such remedies as are available under law for damages resulting from contamination by such parties.

    d. The Trust shall assist in the implementation of the cleanup of the port district and harbor waters in accordance with the New York-New Jersey Harbor Estuary Program Comprehensive Conservation and Management Plan, and shall coordinate its activities with those several agencies and authorities having jurisdiction over Newark Bay and its environs.

 

    18. a. Notwithstanding the provisions of any other law to the contrary, the trust shall in no way be held liable for any environmental damage, health risks, or other claims attributed in whole or in part to the implementation of the provisions of this act.

    The trust, its board of directors, and employees, is hereby indemnified and held harmless for the non-negligent performance of the trust's services under the provisions of this act as a result of any act or omission arising out of, and in the course of providing, such services in good faith. This grant of indemnity shall not apply to damages to property or injury to persons resulting from a willful, wanton or grossly negligent act or omission.

    b. The utilization, through grant, lease or license, of the tidal-flowed lands of the State by the trust, for activities authorized pursuant to the provisions of this act, shall extend such indemnification to the Tidelands Resource Council, its members and employees.


    19. a. The trust is subject to, and shall comply with, all federal and state laws, rules and regulations applicable to its operations.

    b. Unless contracting for services from other governmental or quasi-governmental agencies, including the Port Authority of New York and New Jersey, the trust shall be subject to the provisions of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq), and shall abide by all federal and state laws, rules and regulations with respect to the awarding of public contracts.

 

    20. This act shall take effect immediately.

 

 

STATEMENT

 

    This bill would create in, but not of, the Department of Environmental Protection a body corporate and politic, with corporate succession, to be known as the "Navigable Waterways Restoration Trust." The trust would consist of a seven-member board of directors to be appointed by the Governor with the advice and consent of the Senate. Of these members, one must be a resident of a municipality bordering on a navigable waterway; one would be a resident of a municipality through which flows an inland waterway or navigable stream; one would have a demonstrated knowledge of, and expertise in, marine pollution issues; and the remaining members would be appointed from among persons who shall have a demonstrated expertise or training in: coastal resource preservation; marine fisheries; tourism; environmental engineering; maritime issues or navigation policy.

    The Trust would be authorized and empowered to initiate the restoration and improvement of the environmental quality of any of the State's navigable waterways and its environs as a maritime, fishing, tourism and recreational resource through the construction of subaqueous pits as a demonstration project for the disposal of contaminated dredged material which are deemed to be unsuitable for ocean disposal pursuant to all applicable federal and State laws, rules or regulations.

    The Trust would be authorized further to purchase, construct, lease or operate any facility deemed to be necessary or useful and convenient in connection with any such demonstration project.

    In addition, the Trust would be authorized to: (1) conduct or contract for the necessary studies or assessments in preparation for such projects; (2) charge and collect such fees or charges for the use of such subaqueous pits at whatever rates are appropriate and sufficient to compensate for the Trust's costs in the preparation, construction, operation and administration of these facilities; (3) issue bonds for these purposes; and (4) hold, lease, or operate real and personal property, and to borrow money for the purchase and operation of such property.

    The Trust may, in cooperation with the Department of Environmental Protection, the Department of Commerce and Economic Development, the Port Authority of New York and New Jersey, and the appropriate federal agencies, construct, operate and maintain subaqueous pits in Newark Bay for the proper disposal of sediments from dredging operations in the port district of New Jersey, and the channels and waterways servicing the port district. The Trust may charge and collect reasonable fees for the disposal of any such sediments. The Trust may utilize additional techniques to supplement or enhance these activities through the employment of decontamination technologies, the use of geotextile bags, siting and use of upland disposal and storage, and other methodologies.

    The Trust may also establish a system of evaluating and prioritizing applications for disposal, coordinate and recommend volume reduction and alternative beneficial re-use, and evaluate and recommend additional upland and in-water disposal operations.

    The Trust would also be authorized to:

    (1) coordinate and encourage further research for the restoration of the Newark Bay area, and communicate and coordinate with the various private and public institutions engaged in these efforts;

     (2) assist in the development of financial support for any project aimed at restoration of the Newark Bay area, provided that any such funding may not be the subject to, or included in, the fees or charges imposed and collected for the disposal of contaminated dredged material in the subaqueous pits developed by the Trust;

    (3) assist in the collection of costs from those identified as contributors to the contamination of the harbor area, and assist public and private agencies in the pursuit of compensation therefor; provided that no activity or undertaking by the Trust would diminish or negate the rights of users of the Trust's facilities from pursuing such remedies as are available under law for damages resulting from contamination by such parties; and

    (4) assist in the implementation of the cleanup of the port district and harbor waters in accordance with the New York-New Jersey Harbor Estuary Program Comprehensive Conservation and Management Plan, and coordinate its activities with those several agencies and authorities having jurisdiction over Newark Bay and its environs.

    The bill would provide that the Trust would not be held liable for any environmental damage, health risks, or other claims attributed in whole or in part to the implementation of the bill's provisions.

    The bill would also provide that the Trust, its board of directors, and employees, are indemnified and held harmless for the non-negligent performance of the Trust's services under the bill's provisions as a result of any act or omission arising out of, and in the course of providing, such services in good faith. This grant of indemnity would not apply to damages to property or injury to persons resulting from a willful, wanton or grossly negligent act or omission.

    The utilization, through grant, lease or license, of the tidal-flowed lands of the State by the Trust, for activities authorized pursuant to the bill's provisions would extend such indemnification to the Tidelands Resource Council, its members and employees.

 

 

 

The "Navigable Waterways Restoration Trust Act."