September 25, 2008 - 3:13pm
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MILAM/ALBANO BILL TO ENHANCE WATERFRONT SECURITY & SAFETY CLEARS ASSEMBLY

MILAM/ALBANO BILL TO ENHANCE WATERFRONT SECURITY & SAFETY CLEARS ASSEMBLY

Measure Would Prevent Access To Beachfront Areas Near Military Bases, Plants, Ports

(TRENTON) – Legislation Assemblymen Matthew W. Milam and Nelson T. Albano sponsored to enhance security at waterfront areas near military, industrial, energy, transportation and port facilities was today passed by the General Assembly.

“Allowing the public to roam around near military facilities, energy plants and ports raises grave public safety concern,” said Milam (D-Cumberland/Atlantic/Cape May).  “We cannot allow residents and visitors to put themselves or others in danger.  Restricting access makes sense not just from a national security standpoint, but from personal safety and business perspectives, as well.” 

The Milam/Albano bill (A-2954) would prevent the Department of Environmental Protection (DEP) from mandating public access to tidal waterfront areas adjacent to critical infrastructure.

“Allowing unrestricted physical and visual access to every facility that lines our coast can lead to breaches of state and national security, pose a liability for businesses and put innocent people in harm’s way,” said Albano (D-Cumberland/Atlantic/Cape May).  “Regulating public access to these critical areas ensures we are doing all that we can to keep our beachfront safe .”

In December 2007, the DEP adopted amendments to the coastal permit program to expand opportunities for the public to access the tidal waterfront and its adjacent shoreline.

The amendments require a permit applicant, as a condition of any permit issued by DEP, to provide on-site, permanent and unobstructed public access to the tidal waterways and its shores.  The alternative to providing this public access is for the applicant to purchase or improve access at an off-site location. 

The amendments apply to existing military installations, industrial facilities, commercial ports and harbors and energy facilities such as nuclear and fossil-fuel-fired plants.

The measure passed 76 to 1 with two abstentions.  It now heads to the Senate for further consideration.

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TEEL can be reached via email at ateel@njleg.org.

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