A Senate Resolution urging the federal government to issue waivers of the Jones Act requirements during times involving a state of emergency.

Whereas, One of the most critically important functions of the federal government is to provide for the national defense; and

Whereas, Accordingly, federal laws like the National Interstate and Defense Highways Act and the Merchant Marine Act of 1920, also known as the Jones Act, were enacted, in large part, for national defense purposes; and

Whereas, The National Interstate and Defense Highways Act established an interstate highway system to provide roadways that could, among other things, transport troops, resources, supplies, and goods across the country for the purpose of national defense; and

Whereas, The Jones Act requires that maritime transport of cargo between points in the United States be carried by U.S.-flagged vessels, which means that those vessels are owned by U.S. citizens, registered and built in the United States, and operated with predominantly U.S.-citizen crews; and

Whereas, The requirements of the Jones Act may be waived only if the Secretary of Defense or Secretary of Homeland Security requests a waiver in the interest of national defense or if the Maritime Administrator at the U.S. Department of Transportation determines that there are no qualified U.S.-flagged vessels available and the waiver is necessary in the interest of national defense; and

Whereas, Waivers have been granted in the recent past for foreign vessels carrying oil and natural gas following Hurricane Katrina in 2005, for an emergency shipment of gasoline in Alaska in 2012, and for the shipment of petroleum products following widespread fuel shortages caused by Hurricane Sandy in 2012; and

Whereas, New Jersey has experienced several severe snowstorms this winter, requiring the Governor to declare a state of emergency four separate times in 2014, and forcing the New Jersey Department of Transportation to spend a record $82.3 million for snow removal and to use over 370,000 tons of rock salt in order to make the roads safe for transportation; and

Whereas, As a result, the State's supply of rock salt has been depleted, ultimately creating a situation where another snowstorm could leave the State unable to properly clear the roadways, endangering the lives of millions of residents of New Jersey and other states and undermining one of the primary purposes of both the Jones Act and the National Interstate and Defense Highways Act; and

Whereas, Although New Jersey desperately needed a large shipment of rock salt to replenish its supply following two consecutive snowstorms in February, an empty cargo ship in Maine was not permitted to load and deliver 40,000 tons of rock salt to Port Newark due to the restrictions imposed on the maritime transport of cargo by the Jones Act; and

Whereas, According to the New Jersey Department of Transportation, the State requested that the federal government grant a waiver of the requirements of the Jones Act so that 40,000 tons of rock salt could be transported from Maine to Port Newark; and

Whereas, The request for a waiver was denied because the ship in Maine was not a U.S.-flagged vessel, disregarding the facts that no other vessels could transport the 40,000 tons of rock salt and another snowstorm would potentially shutdown the roadways; and

Whereas, Certain states of emergency, such as snowstorms that threaten to shutdown a major portion of the interstate highway system, raise serious concerns about national defense and warrant a waiver of the requirements of the Jones Act; now, therefore,

Be It Resolved by the Senate of the State of New Jersey:

1. This House respectfully urges the Department of Defense, the Department of Homeland Security, and the Maritime Administrator to waive the requirements of the Jones Act for purposes of the national defense and the protection of U.S. citizens during circumstances where the Governor has declared a state of emergency.

2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate to the United States Secretary of Defense, the United States Secretary of Homeland Security, the Maritime Administrator, and each member of Congress elected from this State.

STATEMENT

This resolution respectfully urges the Department of Defense, the Department of Homeland Security, and the Maritime Administrator to waive the requirements of the Jones Act for times involving certain states of emergency.

This winter, the New Jersey Department of Transportation has spent a record $82.3 million for snow removal and used over 370,000 tons of rock salt in order to make the roads safe for transportation. In January and February alone, the Governor declared a state of emergency four times due to severe winter weather conditions.

The New Jersey Department of Transportation attempted to acquire 40,000 tons of rock salt from Maine to replenish the State's depleted supply, but an empty cargo ship in Maine was not permitted to transport the rock salt due to restrictions imposed by the Jones Act. The Jones Act requires that maritime transport of cargo between two points in the United States be carried by U.S.-flagged ships and waivers of the requirement are only granted in the interest of national defense. The State requested a waiver of the Jones Act requirements so that the rock salt could be transported, but the request was denied, potentially impacting the drivers on the highways of the State in the event of another snowstorm.

In circumstances where the Governor has declared a state of emergency, the federal government should waive the requirements of the Jones Act for the protection of U.S. citizens whose lives and safety would be endangered by failure to do so.