New Jersey-2018-A3878-Introduced

An Act concerning the enforcement of littering laws, designating Earth Day week each year as Litter Law Enforcement Week, and supplementing Title 13 of the Revised Statutes.

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

1. The week in which Earth Day, April 22nd, in each year occurs, is hereby designated as Litter Law Enforcement Week in New Jersey.

2. a. During Litter Law Enforcement Week each year, the Department of Environmental Protection and the New Jersey State Police shall make enforcement of the State's litter laws a priority unless they are unable to do so due to an emergency or crisis. In particular, during the course of Litter Law Enforcement Week, the department and the State Police shall increase, to the greatest extent possible, enforcement efforts with regard to the following provisions of law:

(1) section 6 of P.L.1999, c.90 (C.2C:36-6.1);

(2) R.S.12:4-10 and R.S.12:4-11;

(3) section 9 of P.L.1995, c.401 (C.12:7-78);

(4) section 9 of P.L.1970, c.39 (C.13:1E-9);

(5) sections 2 and 3 of P.L.1989, c.118 (C.13:1E-9.3 and C.13:1E-9.4);

(6) section 20 of P.L.1989, c.34 (C.13:1E-48.20);

(7) section 8 of P.L.1985, c.533 (C.13:1E-99.3);

(8) sections 10 and 23 of P.L.1983, c.324 (C.13:1L-10 and C.13:1L-23);

(9) sections 4 and 9 of P.L.1970, c.272 (C.13:9A-4 and C.13:9A-9);

(10) sections 17 and 21 of P.L.1987, c.156 (C.13:9B-17 and C.13:9B-21);

(11) section 23 of P.L.1979, c.111 (C.13:18A-24);

(12) R.S.23:5-28;

(13) section 4 of P.L.1990, c.29 (C.23:7-1.1);

(14) section 1 of P.L.1954, c.38 (C.23:7-9);

(15) sections 1 and 2 of P.L.1964, c.64 (C.32:1-146.8 and C.32:1-146.9);

(16) R.S.39:4-63;

(17) R.S.39:4-64;

(18) section 3 of P.L.1988, c.61 (C.58:10A-49); and

(19) any other littering laws enacted subsequently to this act.

b. The department and State Police shall encourage all municipal and county law enforcement agencies and prosecutors to engage in the special annual effort to enforce these laws and any relevant local ordinances prohibiting littering, and shall provide appropriate support to municipalities and counties electing to participate in the annual effort.

c. The department and State Police shall publicize Litter Law Enforcement Week each year to municipal and county law enforcement agencies and prosecutors, and through postings made available for public viewing on the Internet, informational newspaper, radio, television, and other print and electronic media announcements, and any other available means.

3. Notwithstanding the provisions of any law, rule, or regulation to the contrary, all fines for violations of the laws listed in section 2 of this act that are collected by the department or State Police during Litter Law Enforcement Week in any year shall be deposited in equal proportions into the following State funds:

a. The "Clean Communities Program Fund," established pursuant to section 5 of P.L.2002, c.128 (C.13:1E-217), to be dedicated for the purposes of State litter pick-up and removal, and for the purposes of enforcing litter-related laws and ordinances in State-owned and public places;

b. The "Coastal Protection Trust Fund," established pursuant to section 4 of P.L.1993, c.168 (C.39:3-27.50), to be dedicated for the purposes of implementing the provisions of the "New Jersey Adopt a Beach Act," P.L.1992, c.213 (C.13:19-22 et seq.), and for the purposes of financing any program that utilizes prisoners to clean up or maintain the State's beaches; and

c. The "Municipal Stormwater Management and Combined Sewer Overflow Abatement Assistance Fund," established pursuant to section 7 of P.L.1988, c.90 (C.58:25-29), to be dedicated for the purposes of providing grants to municipalities or other public entities to control or eliminate sources of litter associated with stormwater infrastructure, nonpoint sources of pollution, and combined sewer overflows.

4. Municipalities and counties electing to participate in Litter Law Enforcement Week in any year may donate to one or more of the State funds listed in section 3 of this act any or all of the fine moneys collected thereby during Litter Law Enforcement Week for violation of the laws listed in section 2 of this act.

5. This act shall take effect immediately.

STATEMENT

This bill would designate the week in which Earth Day, April 22nd, in each year occurs, as Litter Law Enforcement Week in New Jersey.

The bill would require the Department of Environmental Protection and the New Jersey State Police to participate in Litter Law Enforcement Week on an annual basis, by making enforcement of the State's litter laws a priority unless they are unable to do so due to an emergency or crisis. The department and the State Police also would be required to encourage all municipal and county law enforcement agencies and prosecutors to engage in the special annual effort to enforce these laws and any relevant local ordinances prohibiting littering, and to provide appropriate support to the participating municipalities and counties.

The bill identifies a number of specific State litter laws for which increased State enforcement would be required during the course of Litter Law Enforcement Week. In addition, the bill would provide that any fines collected by the State in relation to the enforcement of such litter laws during Litter Law Enforcement Week would be deposited in equal proportions into the following State funds:

(1) the "Clean Communities Program Fund";

(2) the "Coastal Protection Trust Fund"; and

(3) the "Municipal Stormwater Management and Combined Sewer Overflow Abatement Assistance Fund."

The bill would further provide that any municipalities or counties that have elected to participate in Litter Law Enforcement Week in any year may donate to one or more of the above-listed State funds any or all of the fine moneys collected thereby during the week for violations of the laws identified in the bill.

Finally, the bill would dedicate all moneys deposited in the specific State funds listed in the bill for use only for certain specified, litter abatement-related purposes, which include:

(1) the financing of litter removal programs and litter law enforcement;

(2) the implementation of the "New Jersey Adopt a Beach Act," and the financing of programs that utilize prisoners to clean up or maintain the State's beaches; and

(3) the provision of grants to municipalities or other public entities to control or eliminate sources of litter associated with stormwater infrastructure, nonpoint sources of pollution, and combined sewer overflows.