ASSEMBLY, No. 4258

STATE OF NEW JERSEY

216th LEGISLATURE

INTRODUCED MARCH 2, 2015

 

 

Sponsored by:

Assemblyman  TIM EUSTACE

District 38 (Bergen and Passaic)

 

 

 

 

SYNOPSIS

     Clarifies liability for discharges of hazardous substances from drilling platforms that enter NJ waters.

 

CURRENT VERSION OF TEXT

     As introduced.

 

An Act concerning liability for discharges that enter State waters, and supplementing P.L.1976, c.141 (C.58:10-23.11 et seq.).

 

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

 

     1.    a.    Any person who discharges a hazardous substance from a drilling platform, or is in any way responsible for a hazardous substance that is discharged from a drilling platform, into the waters outside the jurisdiction of the State, that enters the waters of the State, shall be liable, strictly, jointly and severally, without regard to fault, for:

     (1)   cleanup and removal costs;

     (2)   damages for injury to, destruction of, loss of, or loss of use of natural resources, including costs of assessing the damage;

     (3)   damages for injury to, or economic losses resulting from, destruction of real or personal property; and

     (4)   damages for loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real or personal property, or natural resources.

     b.    Nothing in this section shall limit the liability pursuant to any other State law, or rule or regulation, or federal law of any person who discharges a hazardous substance, or is in any way responsible for a hazardous substance that is discharged, that enters the waters of the State.

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill provides that any person who discharges a hazardous substance from a drilling platform, or is in any way responsible for a hazardous substance that is discharged from a drilling platform, into the waters outside the jurisdiction of the State, that enters the waters of the State, shall be liable, strictly, jointly and severally, without regard to fault:  for cleanup and removal costs; damages for injury to, destruction of, loss of, or loss of use of natural resources, including costs of assessing the damage; damages for injury to, or economic losses resulting from, destruction of real or personal property; and damages for loss of profits or impairment of earning capacity due to the injury, destruction, or loss of real or personal property, or natural resources.  In addition, this bill provides that the liability imposed pursuant to this bill would not in any way limit liability that otherwise may be imposed under any other State or federal law.