Two days at the beach--next week in the NJ Legislature

[njdiver]

The environmental committees in both houses of the New Jersey Legislature have scheduled a joint hearing for Monday to consider six bills that address rebuilding at the Jersey Shore following Superstorm Sandy.

And then the fireworks...

On Friday, March 8, the Democratic majority will conduct the first in a series of hearings on how the state responded to Hurricane Sandy. The focus will be on the politically-volatile topic of the Christie Administration's award of a shore cleanup contract to the Florida-based debris hauling firm, AshBritt.

Here's next week's lineup:


ASSEMBLY ENVIRONMENT AND SOLID WASTE
3/4/13 9:30 AM
Committee Room 4, 1st Floor, State House Annex, Trenton, NJ

For discussion only (no vote):
A-3889 Spencer, L.G. (D-29)
Requires consideration of increased property value due to dune construction in determining compensation provided for condemned beachfront property.
Related Bill: S-2599

A-3890 Eustace, T.J. (D-38)
Provides limited exemption from local land use restrictions to allow certain existing structures to be raised to new FEMA base flood elevations.
Related Bill: S-2598

A-3891 Spencer, L.G. (D-29)
Permits fifth and sixth class counties to assume control and responsibility for operation and maintenance of beaches bordering Atlantic Ocean.
Related Bill: S-2601

A-3892 Spencer, L.G. (D-29)
Establishes criteria and requirements for shore protection project priority list and funding from Shore Protection Fund.
Related Bill: S-2600

A-3893 Spencer, L.G. (D-29)
Repeals law providing CAFRA permit exemption for certain grading or excavation of a dune.
Related Bill: S-2602

AR-152 Ramos Jr., R.J. (D-33)
Urges U.S. Army Corps of Engineers and FEMA to conduct assessment of damage caused by Hurricane Sandy.
Related Bill: SR-100

-----------------------------------------------------------------------------------------------------


SENATE ENVIRONMENT AND ENERGY
3/04/13 9:30 AM
Committee Room 4, 1st Floor, State House Annex, Trenton, NJ

For discussion only (no vote):
S-2598 Smith, B. (D-17); Whelan, J. (D-2)
Provides limited exemption from local land use restrictions to allow certain existing structures to be raised to new FEMA base flood elevations.

S-2599 Whelan, J. (D-2)
Requires consideration of increased property value due to dune construction in determining compensation provided for condemned beachfront property.

S-2600 Whelan, J. (D-2)
Establishes criteria and requirements for shore protection project priority list and funding from Shore Protection Fund.

S-2601 Smith, B. (D-17)
Permits fifth and sixth class counties to assume control and responsibility for operation and maintenance of beaches bordering Atlantic Ocean.

S-2602 Smith, B. (D-17)
Repeals law providing CAFRA permit exemption for certain grading or excavation of a dune.

SR-100 Smith, B. (D-17); Bateman, C. (R-16)
Urges U.S. Army Corps of Engineers and FEMA to conduct assessment of damage caused by Hurricane Sandy. Related Bill: AR-152

http://enviropoliticsblog.blogspot.c...eek-in-nj.html

[njdiver]

SENATE, No. 2601

STATE OF NEW JERSEY
215th LEGISLATURE

INTRODUCED FEBRUARY 21, 2013

Sponsored by:
Senator BOB SMITH
District 17 (Middlesex and Somerset)


SYNOPSIS
Permits fifth and sixth class counties to assume control and responsibility for operation and maintenance of beaches bordering Atlantic Ocean.

CURRENT VERSION OF TEXT
As introduced.


An Act concerning the county operation of Atlantic Ocean beaches and amending P.L.1955, c.49 and P.L.1976, c.68.

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] (1) Except as provided in paragraph (2) of this subsection, 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, 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.

(2) (a) The governing body of a county of the fifth or sixth class may, by ordinance or resolution, as appropriate to the form of county government, assume the complete responsibility for the operation of all beaches bordering on the Atlantic Ocean within the county. Whenever a county assumes control of the beaches it shall establish uniform, county-wide beach fees, and county-wide beach passes permitting use of any of the county controlled beaches, to provide funds to improve, maintain, and police the beaches, and to protect the beaches from erosion, encroachment, and damage by sea or otherwise, to provide facilities and safeguards for public bathing and recreation, including the employment of lifeguards, and to perform any other function available to a municipality under paragraph (1) of this subsection. The county may also exercise the power of eminent domain in order to erect dunes to protect lands, property, and facilities located near the beaches.

(b) The imposition of uniform county-wide beach fees shall supersede the imposition of any municipal beach fee and the authority of a municipality to collect its own beach fees shall expire.

(c) County control of its beaches bordering the Atlantic Ocean shall constitute a public utility of the county for any purpose provided under the "Local Bond Law," N.J.S.40A:2-1 et seq., and the "Local Budget Law," N.J.S.40A:4-1 et seq. A detailed explanation of the annual revenues and expenditures of the county beach utility, and the relevant section of the annual financial audit prepared pursuant to N.J.S.40A:5-4, shall be posted on the same Internet website on which the county budget is published. The county may enter into a shared service agreement with one or more municipalities to provide policing or other functions necessary for the safe and efficient operation of the beaches.

b. A municipality [may] by ordinance, or a county, by ordinance or resolution as appropriate, may 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 or county 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.

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

2. Section 4 of P.L.1976, c.68 (C.40A:4-45.4) is amended to read as follows:

4. In the preparation of its budget, a county may not increase the county tax levy to be apportioned among its constituent municipalities in excess of 2.5% or the cost-of-living adjustment, whichever is less, of the previous year's county tax levy, subject to the following exceptions:

a. The amount of revenue generated by the increase in valuations within the county, based solely on applying the preceding year's county tax rate to the apportionment valuation of new construction or improvements within the county, and such increase shall be levied in direct proportion to said valuation;

b. Capital expenditures, including appropriations for current capital expenditures, whether in the capital improvement fund or as a component of a line item elsewhere in the budget, provided that any such current capital expenditures would be otherwise bondable under the requirements of N.J.S.40A:2-21 and 40A:2-22;

c. (1) An increase based upon emergency temporary appropriations made pursuant to N.J.S.40A:4-20 to meet an urgent situation or event which immediately endangers the health, safety or property of the residents of the county, and over which the governing body had no control and for which it could not plan and emergency appropriations made pursuant to N.J.S.40A:4-46. Emergency temporary appropriations and emergency appropriations shall be approved by at least two-thirds of the governing body and by the Director of the Division of Local Government Services, and shall not exceed in the aggregate 3% of the previous year's final current operating appropriations.

(2) (Deleted by amendment, P.L.1990, c.89.)

The approval procedure in this subsection shall not apply to appropriations adopted for a purpose referred to in subsection d. or f. below;
d. All debt service;

e. (Deleted by amendment, P.L.1990, c.89.)

f. Amounts required to be paid pursuant to (1) any contract with respect to use, service or provision of any project, facility or public improvement for water, sewerage, parking, senior citizen housing or any similar purpose, or payments on account of debt service therefor, between a county and any other county, municipality, school or other district, agency, authority, commission, instrumentality, public corporation, body corporate and politic or political subdivision of this State; and (2) any lease of a facility owned by a county improvement authority when the lease payment represents the proportionate amount necessary to amortize the debt incurred by the authority in providing the facility which is leased, in whole or in part;

g. That portion of the county tax levy which represents funding to participate in any federal or State aid program and amounts received or to be received from federal, State or other funds in reimbursement for local expenditures. If a county provides matching funds in order to receive the federal or State or other funds, only the amount of the match which is required by law or agreement to be provided by the county shall be excepted;

h. (Deleted by amendment, P.L.1987, c.74.)
i. (Deleted by amendment, P.L.1990, c.89.)
j. (Deleted by amendment, P.L.1990, c.89.)
k. (Deleted by amendment, P.L.1990, c.89.)
l. (Deleted by amendment, P.L.2004, c.74.)
m. (Deleted by amendment, P.L.1990, c.89.)
n. (Deleted by amendment, P.L.1990, c.89.)
o. (Deleted by amendment, P.L.1990, c.89.)

p. Extraordinary expenses, approved by the Local Finance Board, required for the implementation of an interlocal services agreement;
q. Any expenditure mandated as a result of a natural disaster, civil disturbance or other emergency that is specifically authorized pursuant to a declaration of an emergency by the President of the United States or by the Governor;

r. Expenditures for the cost of services mandated by any order of court, by any federal or State statute, or by administrative rule, directive, order, or other legally binding device issued by a State agency which has identified such cost as mandated expenditures on certification to the Local Finance Board by the State agency;

s. That portion of the county tax levy which represents funding to a county college in excess of the county tax levy required to fund the county college in local budget year 1992;

t. (Deleted by amendment, P.L.2004, c.74.)

u. Expenditures for the administration of general public assistance pursuant to P.L.1995, c.259 (C.40A:4-6.1 et al.);

v. Amounts in a separate line item of a county budget that are expended on tick-borne disease vector management activities undertaken pursuant to P.L.1997, c.52 (C.26:2P-7 et al.);

w. Amounts expended by a county under an interlocal services agreement entered into pursuant to the "Interlocal Services Act," P.L.1973, c.208 (C.40:8A-1 et al.) entered into after the effective date of P.L.2000, c.126 (C.52:13H-21 et al.) or amounts expended under a joint contract pursuant to the "Consolidated Municipal Service Act," P.L.1952, c.72 (C.40:48B-1 et seq.) entered into after the effective date of P.L.2000, c.126 (C.52:13H-21 et al.);

x. Amounts appropriated in the first three years after the effective date of P.L.2003, c.92 (C.18A:7F-5b et al.) for liability insurance, workers' compensation insurance and employee group insurance;

y. Amounts appropriated in the first three years after the effective date of P.L.2003, c.92 (C.18A:7F-5b et al.) for costs of domestic security preparedness and responses to incidents and threats to domestic security;

z. Expenditures of amounts received pursuant to section 5 of P.L.1981, c.278 (C.13:1E-96);

aa. Expenditures for the administration, operation, and maintenance of beaches pursuant to paragraph (2) of subsection a. of section 1 of P.L.1955, c.49 (C.40:61-22.20).

In the first full year where an existing appropriation or expenditure that is subject to budget limitations is made an exception to budget limitations, a county shall deduct from its final appropriations upon which its permissible expenditures are calculated pursuant to section 2 of P.L.1976, c.68 (C.40A:4-45.2) the amount which the county expended for that purpose during the last full budget year, or portion thereof, in which the purpose so excepted was funded from appropriations in the county budget.

In the first full year where an existing appropriation or expenditure that is not subject to budget limitations is made subject to budget limitations, a county shall add to its final appropriations upon which its permissible expenditures are calculated pursuant to section 2 of P.L.1976, c.68 (C.40A:4-45.2) the amount which the county expended for that purpose during the last full budget year, or portion thereof, in which the purpose so excepted was funded from appropriations in the county budget.

(cf: P.L.2007, c.311, s.18)

3. This act shall take effect immediately.


STATEMENT

This bill would authorize counties of the fifth and sixth classes (Atlantic, Monmouth, Ocean, and Cape May counties) to assume the control and responsibility for the operation and maintenance of the beaches that border the Atlantic Ocean within each county. A county might choose to do this in order to establish a uniform beach fee and beach tag system within the county, to establish a uniform policy with respect to beach improvement, maintenance, and dune construction for the protection of properties near the beach, and to realize economies of scale by dealing with the maintenance and operation of all of the beaches within the county through one entity. For bonding and budget purposes, the operation of the beaches would constitute a public utility of the county. Revenues and expenditures of the county beach utility would be required to be reported in detail on the same Internet website that the county budget is published. The bill also provides counties that assume the control of beaches with an exception to the 2.5% cap on increases to final appropriations of the previous year for expenditures relating to the operation and maintenance of the county-controlled beaches.


http://www.njleg.state.nj.us/2012/Bills/S3000/2601_I1.HTM


Identical Bill Number: A3891

http://www.njleg.state.nj.us/2012/Bi...00/3891_I1.HTM

[bababooey]

On Friday, March 8, the Democratic majority will conduct the first in a series of hearings on how the state responded to Hurricane Sandy. The focus will be on the politically-volatile topic of the Christie Administration's award of a shore cleanup contract to the Florida-based debris hauling firm, AshBritt.

Do you know anything about ashbritt njdiver? Seems they got a no bid contract and are responsible for removing every submerged boat in Barnegat Bay. That is the sweetest deal anyone got in my recent memory. Other than the towing company that was taking cars out of driveways and impounding them. Wondering how a Fla company managed to attract the attention of pols all the way up here in NJ?

[njdiver]

http://blog.nj.com/njv_editorial_pag...answers_o.html

http://www.northjersey.com/news/NJ_Democrats_announce_hearing_to_examine_AshBritt_ contract_Sandy_response.html

http://www.politickernj.com/63503/sw...aftermath-hurr

[hookset]

Something smells there and it isn't the foam on the beach. Ceres should at least been allowed to bid. Thanks for that info njdiver

[surferman]

Ditto, thank you njdiver.

[buckethead]

http://blog.nj.com/njv_editorial_pag...answers_o.html

http://www.northjersey.com/news/NJ_Democrats_announce_hearing_to_examine_AshBritt_ contract_Sandy_response.html

http://www.politickernj.com/63503/sw...aftermath-hurr

It must be a chore keeping up with all of this. thanks njdiver. I try to read some of these and feel like my head is going to explode. The Ashbritt hearing was today. Some links
hearing
http://www.njleg.state.nj.us/
sandy transparency-
http://nj.gov/comptroller/sandytransparency/

[storminsteve]

Yeah njd thanks for the updates. I have had a chance to see some of the beach replenishment they are working on from sea bright to long branch. To me it seems so wasteful. All those dollars they are spending. When we have the hurricane season in a month or two I have a sinking feeling that some of that sand will get washed back out again.
Who really benefits? The townspeople. And yet they raise the beach fees every year. It seems so crazy to me. Hard to process. I guess when the federal dollars are flowing people just take from the pot whether it is a feasible idea or not.