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A1435
ASSEMBLY, No. 1435
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman ERIK K. SIMONSEN
District 1 (Atlantic, Cape May and Cumberland)
Assemblyman BRIAN E. RUMPF
District 9 (Ocean)
Assemblywoman MARGIE DONLON, M.D.
District 11 (Monmouth)
Co-Sponsored by:
Assemblymen McClellan and Myhre
SYNOPSIS
���� Concerns removal of abandoned vessels; appropriates
$25 million.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning abandoned vessels, supplementing and
amending various parts of the statutory law, and making an appropriation.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� (New section)� The
Legislature finds and declares that:
���� a.���� The State of New Jersey
has a vast coastal shoreline, encompassing more than 100 miles of oceanfront
bordering the Atlantic Ocean.� Famous for its many boardwalks, the Jersey Shore
has the highest concentration of oceanside boardwalks in the United States.�
The Jersey Shore is a popular vacation spot with local and out of State
residents.
���� b.��� Hurricane Sandy
devastated many coastal towns, spawning the demolition of entire communities
and dramatically increasing the number of derelict and abandoned boats and
vessels along the shoreline.� Many of these communities have little to no
resources to remove abandoned and derelict boats from the shoreline.
���� c.���� Abandoned boats
obstruct navigational channels, damage ecosystems, and diminish the
recreational value of the surrounding area.� Abandoned boats may also contain
fuel and other hazardous materials that are often difficult and expensive to
remove safely, requiring the use of specialized equipment.
���� d.��� The establishment of a
working group for the safe removal of abandoned boats would help shore
communities, rejuvenating the marine and coastal regions of New Jersey.
���� 2.��� (New section)� a.� The
Abandoned and Derelict Boat Removal working group is created and established in
the Executive Branch of the State Government.� For the purpose of complying
with the New Jersey Constitution, the working group is allocated within the
Department of Law and Public Safety.
���� b.��� The working group shall
consist of 21 members. The following members shall serve ex officio: the
Commandant of the United States Coast Guard or a designee; the Administrator of
the National Oceanic and Atmospheric Administration or a designee; the Superintendent
of the New Jersey State Police or a designee; the Chief Executive Officer of
the New Jersey Department of Transportation Office of Maritime Resources or a
designee; the Chief Executive Officer of the New Jersey Department of
Environmental Protection Bureau of Coastal and Land Use Enforcement or a
designee; the President of the New Jersey Association of Counties or a
designee; the President of the New Jersey League of Municipalities or a
designee; a member of the Marine Trades Association of New Jersey; a member of
the commercial fishing industry from the State; and a member of the
recreational fishing industry from the State.
���� The remaining 11 members shall
be public members, appointed as follows: Four public members shall be appointed
by the President of the Senate; four public members shall be appointed by the
Speaker of the General Assembly; and three public members shall be appointed by
the Governor.
���� c.���� Each public member of
the working group shall serve for a term of three years, expiring on January 1
in the appropriate year; except that of the members first appointed, five shall
be appointed for a term of one year, and six shall be appointed for a term of
two years, as determined by the Governor.� Public members shall be eligible for
reappointment.� The public members shall serve until their successors are
appointed and qualified, and the term of the successor incumbent shall be
calculated from the expiration of the term of that incumbent.� A vacancy
occurring other than by expiration of term shall be filled in the same manner
as the original appointment but for the unexpired term only.
���� d.��� The members of the
working group shall serve without compensation, but they shall be entitled to
reimbursement for all necessary expenses incurred in the performance of their
duties.
���� e.���� The Governor shall
designate a chairperson and, as necessary any co-chairpersons from among the
working group.� The working group shall meet upon the call of the chairperson
or of a majority of the working group members.� The presence of a majority of
the authorized membership of the working group shall be required for the
conduct of official business.
���� f.���� The working group shall
organize as soon as practicable but not later than 14 days following the
appointment of the last member of the working group.
���� 3.��� (New section) a.� It
shall be the responsibility of the working group to assist the coastal
communities of the State in the identification and safe removal of abandoned
and derelict boats.
���� b.��� The working group shall
report its findings and recommendations to the Governor, and the Legislature
pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), within one year of its
initial organizational meeting and by February 1st of each succeeding year for
the activities of the preceding calendar year.� The report shall be in writing
and include such recommendations as deemed appropriate by the working group to
effectuate its purposes, as provided by this section.
���� 4.��� (New section)� a.� The
Department of Law and Public Safety shall provide the staff assistance required
in order to support the work of the working group.� In addition, the working
group is authorized to call upon any department, office, division, or agency of
the State to supply such data, or other information and assistance as it deems
necessary to discharge the responsibilities of the working group.
���� b.��� These departments,
offices, divisions, agencies shall, to the extent possible and not inconsistent
with any other law of this State, cooperate with the working group and shall
furnish it with such data, information, and assistance as may be necessary or helpful
to accomplish the purposes of the working group.
���� 5.��� (New section)� a.� The
State Treasurer shall establish a program to provide reimbursement to
municipalities for the cost of removing abandoned vessels pursuant to the
provisions of P.L.1975, c.369 (C.12:7C-7 et seq.). A municipality may submit an
application for reimbursement in a form and manner determined by the State
Treasurer.� The State Treasurer shall implement the program within 30 days of
adopting rules and regulations pursuant to subsection c. of this section.� The �Abandoned
Vessels Fund� established pursuant to subsection b. of this section shall be
used to fund the program.
���� b.��� There is established in
the Department of the Treasury a separate, nonlapsing fund to be known as the �Abandoned
Vessels Fund.�� The fund shall be administered by the department and dedicated
to providing reimbursement to municipalities for the cost of removing abandoned
vessels pursuant to the program established by subsection a. of this section.�
The fund shall consist of moneys appropriated by section 8 of P.L.��� , c.���
(C.������� ) (pending before the Legislature as this bill) and any civil
penalties collected pursuant to section 3 of P.L.1975, c.369 (C.12:7C-9) or section
23 of P.L.2008, c.52 (C.12:7C-9.1).
���� The funds contained in the �Abandoned
Vessels Fund� shall not be diverted for another purpose, unless the Legislature
approves the diversion by a two-thirds majority of each House.
���� c.���� The State Treasurer shall
adopt, pursuant to the "Administrative Procedure Act," P.L.1968,
c.410 (C.52:14B-1 et seq.), rules and regulations to effectuate
the provisions of this section.
���� 6.��� Section 3 of P.L.1975,
c.369 (C.12:7C-9) is amended to read as follows:
���� 3.��� a.� It shall be unlawful
for any owner to abandon any vessel to or upon public land or waters of this
State, including any municipal waterway, to or upon any municipally-owned land,
or to or upon any private property or the water immediately adjacent thereto
without the consent of the official designated by law to have jurisdiction over
such public land or waterway, or the owner or other person in charge of the
private property except when an emergency exists.
���� b.��� (1)� A vessel which has
remained moored, grounded, docked, or otherwise attached or fastened to or upon
any public land or waterway or any private property without such consent for a
period of more than 30 days, or which is submerged partially or completely into
the water for any period of time shall be deemed abandoned and may be impounded
if an official authorized by statute or ordinance to enforce regulations
related to municipal waterways or a law enforcement officer having enforcement
authority has reason to believe the vessel has been abandoned.
���� (2)�� The vessel may be
removed from a municipal waterway by, or at the direction of, the municipality
or harbor commission and may be impounded under the provisions of paragraph (1)
of this subsection and removed to a storage space, and its registration certificate
and registration plates seized.
���� (3)�� The owner shall be
responsible for the cost of the removal, transportation, storage or disposal,
and any other incidental costs associated with the impounded vessel.
���� (4)�� Whenever a vessel is
removed pursuant to this subsection, the official designated by law to have
jurisdiction over the municipal waterway shall file an incident report with the
New Jersey Motor Vehicle Commission.
���� c.���� (1)� An owner who
violates the provisions of subsection a. of this section shall be liable to a
civil penalty of not more than $1,000.� Each day upon which the violation
continues shall constitute a separate offense.
���� (2)�� The civil penalty
imposed pursuant to this subsection shall be collected pursuant to the
"Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et
seq.), in a summary proceeding.� An official authorized by statute or ordinance
to enforce regulations related to municipal waterways or a law enforcement
officer having enforcement authority in that municipality may issue a summons
for a violation of the provisions of this section and may serve and execute all
process with respect to the enforcement of this section consistent with the
Rules of Court.� A penalty recovered under the provisions of this section shall
be recovered by and in the name of the State by the local municipality.� The
penalty shall be paid
[
into
the treasury of the municipality in which the violation occurred for the
general uses of the municipality
]
to the State Treasurer and deposited into the �Abandoned Vessels Fund�
established pursuant to section 5 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).
(cf: P.L.2011, c.172, s.1)
���� 7.��� Section 23 of P.L.2008,
c.52 (C.12:7C-9.1) is amended to read as follows:
���� 23.��� a.� A municipality may
adopt an ordinance, or a harbor commission may adopt a resolution, requiring
every owner or operator of a vessel that moors or docks in a municipal
waterway, or grounds on land, under the control of the municipality or harbor
commission, to register with the official designated by the ordinance or
resolution to have jurisdiction over the public land or municipal waterway
where the vessel is moored, grounded, or docked.� The registration shall
include the length of time the vessel is intended to remain at the location
along with the home address and telephone number of the owner or operator of
the vessel, and a local address and telephone number where the owner or
operator can be contacted.� Nothing in this section shall prevent the operator
of a vessel from anchoring, grounding, or mooring a vessel when an emergency
exists that requires such action to be taken to safeguard the lives of the
passengers, the vessel, or the environment.
���� b.��� If an ordinance or
resolution has been adopted pursuant to subsection a. of this section, then
notice shall be posted around the harbor, municipal waterway, navigable stream,
or public land stating where the owner or operator of a vessel shall register the
required information.
���� c.���� The ordinance or
resolution shall designate one or more holding areas, public or private, at
which vessels in violation of the registration requirement may be held.
���� d.��� After a vessel has been
moored, grounded, or docked without registration for a period of one week, an
enforcement official acting for or on behalf of the municipality or harbor
commission, may affix a notice on the vessel advising that if the vessel is not
removed by the date indicated on the notice, which shall be no less than seven
calendar days following the date that the notice is affixed, then the vessel,
including any trailer upon which a grounded vessel has been placed, will be
removed to a holding area.
���� e.���� No public entity,
agents, or authorized representatives shall be held liable for any damage or
loss to any vessel or its contents that is removed to a holding area and stored
pursuant to the authority of this section.
���� f.���� An owner or operator
who violates the provisions of an ordinance or resolution adopted pursuant to
this section shall be liable to a civil penalty of not less than $100 nor more
than $1,250.� Each day upon which the violation continues shall constitute a
separate offense.� The civil penalty imposed pursuant to this section shall be
collected pursuant to the "Penalty Enforcement Law of 1999,"
P.L.1999, c.274 (C.2A:58-10 et seq.), in a summary proceeding.� An official
authorized by ordinance to enforce regulations related to municipal waterways
or a law enforcement officer having enforcement authority in that municipality
may issue a summons for a violation of the provisions of the ordinance and may
serve and execute all process with respect to the enforcement of this section
consistent with the Rules of Court.� A penalty recovered under the provisions
of this section shall be recovered by and in the name of the State by the local
municipality.� The penalty shall be paid
[
into
the treasury of the municipality in which the violation occurred for the
general uses of the municipality
]
to the State Treasurer and deposited into the �Abandoned Vessels Fund�
established pursuant to section 5 of P.L.��� , c.��� (C.������� ) (pending
before the Legislature as this bill).
����
g.��� In order to be
eligible to receive reimbursement for the cost of removing an abandoned vessel
under the program established by section 5 of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill), a municipality shall adopt an
ordinance pursuant to subsection a. of this section.
(cf: P.L.2008, c.52, s.23)
���� 8.��� (New section)� There is
appropriated from the General Fund to the Department of the Treasury
$25,000,000 for the provision of that amount to the �Abandoned Vessels Fund�
for the purposes set forth in subsection a. of section 5 of P.L.��� �, c.��� �(C.
��������) (pending before the Legislature as this bill).� The fund shall also
be credited with any additional monies collected as civil penalties pursuant to
section 3 of P.L.1975, c.369 (C.12:7C-9) or section 23 of P.L.2008, c.52
(C.12:7C-9.1).
���� 9.��� This act shall take
effect immediately.
STATEMENT
���� This bill establishes the New
Jersey Abandoned and Derelict Boat Removal working group, a fund to reimburse
municipalities for the cost of removing abandoned vessels, and appropriates
$25,000,000.
���� The working group will be
allocated within the Department of Law and Public Safety.� The working group
will be comprised of 21 members and include ex officio members from the
federal, State, and local government as follows: the Commandant of the United States
Coast Guard or a designee; the Administrator of the National Oceanic and
Atmospheric Administration or a designee; the Superintendent of the New Jersey
State Police or a designee; the Chief Executive Officer of the New Jersey
Department of Transportation Office of Maritime Resources or a designee; the
Chief Executive Officer of the New Jersey Department of Environmental
Protection Bureau of Coastal and Land Use Enforcement or a designee; the
President of the New Jersey Association of Counties or a designee; the
President of the New Jersey League of Municipalities or a designee; a member of
the Marine Trades Association of New Jersey; a member of the commercial fishing
industry from the State; and a member of the recreational fishing industry from
the State.
���� The working group will also
include 11 public members, to be appointed as follows: four public members are
to be appointed by the President of the Senate; four public members are to be
appointed by the Speaker of the General Assembly; and three public members are
to be appointed by the Governor.� The bill requires the Governor to designate a
chairperson and any co-chairpersons deemed necessary by the Governor.
���� The working group�s
responsibility under this bill is to assist local communities in identifying
and safely removing abandoned and derelict boats within the State.� Within one
year of the working group�s initial organizational meeting, the working group is
required to issue an interim report of its work and provide a copy to the
Governor, and the members of the Senate and General Assembly.� Thereafter,
annual reports shall be issued by February 1st of each succeeding year for the
activities of the preceding calendar year.
���� This bill requires that staff
support for the working group be provided by the Department of Law and Public
Safety.
���� In addition, the bill
establishes a fund to reimburse municipalities for the cost of removing
abandoned vessels and appropriates $25,000,000 for this purpose.
���� Under current law,
municipalities are authorized to remove abandoned vessels under certain
circumstances.� This bill requires the State Treasurer to establish a program
to provide reimbursement to municipalities for the cost of removing the
abandoned vessels.� Under the bill, a municipality may submit an application
for reimbursement in a form and manner determined by the State Treasurer.
���� This bill establishes in the
Department of the Treasury a separate, nonlapsing fund to be known as the
�Abandoned Vessels Fund.�� The fund is to be administered by the department and
dedicated to providing reimbursement to municipalities for the cost of removing
abandoned vessels pursuant to the program established by the bill.� The bill
provides that the funds contained in the �Abandoned Vessels Fund� are not to be
diverted for another purpose, unless the Legislature approves the diversion by
a two-thirds majority.
���� The bill also appropriates
from the General Fund to the Department of the Treasury $25,000,000 for the
provision of that amount to the �Abandoned Vessels Fund� for the purposes set
forth in the bill.
���� Under current law, it is
unlawful for an owner to abandon a vessel on public land or water or private
property without the consent of the owner, except when an emergency exists.� An
owner who violates this provision is subject to a civil penalty of not more
than $1,000.� Each day upon which the violation continues is to constitute a
separate offense.� In addition, under current law, a municipality may adopt an
ordinance, or a harbor commission may adopt a resolution, requiring every owner
or operator of a vessel that moors or docks in a municipal waterway or grounds
on land under the control of the municipality or harbor commission to register
with the appropriate official.� An owner or operator who violates the
provisions of the ordinance or resolution is subject to a civil penalty between
$100 and $1,250.� Each day upon which the violation continues constitutes a
separate offense.
���� Current law provides that
these civil penalties are to paid into the treasury of the municipality in
which the violation occurred for the general uses of the municipality.� Under
this bill, these civil penalties are to be paid to the State Treasurer and deposited
into the �Abandoned Vessels Fund� established by the bill.
���� Finally, the bill provides
that in order to be eligible for reimbursement under the program established by
the bill, a municipality is required to adopt an ordinance requiring an owner
or operator of a vessel that moors or docks in a municipal waterway or grounds
on land under the control of the municipality or harbor commission to register
with the appropriate official.