By Daniel Nee
A bill sitting on the desk of Gov. Chris Christie has left some wondering if the door may soon be opened to New Jersey’s fragile Shore Protection Fund being used to fund projects in other parts of the state.
The bill, S-2620, which has passed both the state Senate and General Assembly, would allow money from the fund — which receives a $25 million appropriation each year — to be used for the repair of walkways and public access paths along the Hudson River in Hudson and Bergen counties.
Though the language in the bill is general in nature, the result of the legislation, if signed into law by Christie, will be to fund repairs to walkways owned by private condominium complexes in Hudson County. The walkways were damaged during Superstorm Sandy.
Ultimately, the bill passed the Senate on May 30 and the Assembly on June 24.
The walkways are open to the public, and previous court decisions have affirmed the responsibility of the condominium associations to maintain them. The walkways are about 30 feet wide and run for 18 miles from Bayonne, in Hudson County, to the George Washington Bridge, in Bergen County.
But the larger issue with the bill, many in the shore area argue, is its finality. If the measure is signed into law, tax dollars dedicated to shore protection projects since 1992, when the fund was established, could be used each year for projects elsewhere.
“If it was a one-time thing to help some of these associations after Sandy, we could support that,” said Jeff Titell, director of the New Jersey chapter of the Sierra Club. “The concern we have with the legislation, if it becomes law, is that it does that forever-more.”
The Sierra Club has officially opposed the bill, he said.
“It allows, in many cases, multi-million dollar condominium owners to get off the hook for something they're legally responsible for,” said Titell. “You're also then taking that money away from other projects and other people.”
While the bill has its share of detractors statewide, its sponsors in the legislature — all from Hudson and Bergen counties — maintain the bill helps preserve public access to the Hudson River, which is a tidal waterway.
“Without the help that this bill could offer the entire Hudson River Walkway program, which we have been collectively working toward for so many years, our region is in serious jeopardy,” said state Sen. Nicholas J. Sacco (D-Hudson, Bergen), in a statement. “Condo owners and private entities that are responsible for maintaining waterfront walkways must be given the assistance they need to so that this precious public resource continues to be available to everyone.”
“This bill will bring parity to Hudson County and ensure that landowners will be able to apply for state assistance, just like those with property damage on the Jersey shore,” said state Sen. Sandra B. Cunningham (D-Hudson), another one of the bill's sponsors.
Others disagree, contending that the bill could be an opening to permanently raid the Shore Protection Fund for projects elsewhere.
“They basically said, 'there's a pot of money here for shore protection, we want to use that,’” said state Sen. James Holzapfel (R-Ocean). “All I know is that the camel has its nose in the tent. Soon, it will be in the tent.”
Christie’s office did not respond to an inquiry by Patch seeking comment on the bill, holding to the administration’s policy of rarely discussing pending legislation.
If Christie does not act on the legislation by Aug. 8, it automatically becomes law.
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