Permits municipality to use proceeds of beach access fees for areas near beach facilities that are significantly affected by beach tourism; requires municipality to provide explanation of expenditures on website.

A1579

ASSEMBLY, No. 1579

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman SEAN T. KEAN

District 30 (Monmouth and Ocean)

SYNOPSIS

���� Permits municipality to use proceeds of beach access
fees for areas near beach facilities that are significantly affected by beach
tourism; requires municipality to provide explanation of expenditures on
website.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning beach access fees and amending P.L.1955, c.49.

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

���� 1.��� Section 1 of P.L.1955,
c.49 (C.40:61-22.20) is amended to read as follows:

���� 1.��� a.� The governing body
of any municipality bordering on the Atlantic Ocean, tidal water bays or rivers
which owns or shall acquire, by any deed of dedication or otherwise, lands
bordering on the ocean, tidal water bays or rivers, or easement rights therein,
for a place of resort for public health and recreation and for other public
purposes shall have the exclusive control, government and care thereof and of
any boardwalk, bathing and recreational facilities, safeguards and equipment,
now or hereafter constructed or provided thereon, and may, by ordinance, make
and enforce rules and regulations for the government and policing of such
lands, boardwalk, bathing facilities, safeguards and equipment; provided, that
such power of control, government, care and policing shall not be construed in
any manner to exclude or interfere with the operation of any State law or
authority with respect to such lands, property and facilities.� Any such
municipality may, in order to provide funds to improve, maintain and police the
same and to protect the same from erosion, encroachment and damage by sea or
otherwise,
[
and
]
to provide
facilities and safeguards for public bathing and recreation, including the
employment of lifeguards,
and to improve, maintain, and police local lands,
property, and facilities that are located near lands bordering on the ocean,
tidal water bays, or rivers, and that are significantly affected by beach
tourism,
by ordinance, make and enforce rules and regulations for the
government, use, maintenance and policing thereof and provide for the charging
and collecting of reasonable fees for the registration of persons using said
lands and bathing facilities, for access to the beach and bathing and
recreational grounds so provided and for the use of the bathing and
recreational facilities, but no such fees shall be charged or collected from
children under the age of 12 years.

���� b.��� A municipality may by
ordinance provide that no fees, or reduced fees, shall be charged to:

���� (1)�� persons 65 or more years
of age;

���� (2)�� persons who meet the
disability criteria for disability benefits under Title II of the federal
Social Security Act (42 U.S.C. s.401 et seq.);

���� (3)�� persons in active
military service in any of the Armed Forces of the United States and to their
spouse or dependent children over the age of 12 years; and

���� (4)�� persons who are active
members of the New Jersey National Guard who have completed Initial Active Duty
Training and to their spouse or dependent children over the age of 12 years.�
As used in this paragraph, "Initial Active Duty Training" means Basic
Military Training, for members of the New Jersey Air National Guard, and Basic
Combat Training and Advanced Individual Training, for members of the New Jersey
Army National Guard.

���� c.���� A municipality
providing for no fees or reduced fees pursuant to paragraph (3) or (4) of
subsection b. of this section shall track, in a manner deemed appropriate by
the governing body of the municipality, the number of persons who qualify under
the provisions of those paragraphs.�

����
d.��� A municipality that
uses the proceeds of fees set forth in subsection a. of this section to
improve, maintain, and police local lands, property, and facilities that are
located near lands bordering on the ocean, tidal water bays, or rivers, and
that are significantly affected by beach tourism, shall provide an explanation
of the expenditure and its relation to areas significantly affected by beach
tourism in its annual financial audit prepared pursuant to N.J.S.40A:5-4, and
on the same website on which the municipal budget is published.�

����
e.���� The Commissioner of
Community Affairs shall have primary jurisdiction to enforce this act, and to
hear any complaints concerning violations of this act.

(cf: P.L.2011, c.75, s.1)

���� 2.��� This act shall take
effect immediately.

STATEMENT

���� This bill provides that the
governing body of any municipality bordering on the Atlantic Ocean, tidal water
bays or rivers that charges a fee for access and use of the beach and bathing
and recreational grounds may use the proceeds of those fees to improve,
maintain, and police local lands, property, and facilities that are located
near the beach and recreational facilities and that are significantly affected
by beach tourism.�

���� The bill also provides that a
municipality that uses proceeds from these fees for areas near the beach and
recreational facilities that are significantly affected by beach tourism must
provide an explanation of the expenditure and its relation to beach tourism in
its annual financial audit report, and on the same website on which the
municipal budget is published.

���� Finally, the bill provides
that the Commissioner of Community Affairs would have primary jurisdiction to
enforce its provisions, and to hear any complaints concerning violations of its
provisions.