New Jersey-2012-AJR103-Introduced

A Joint Resolution urging the President and the Federal Emergency Management Agency to ensure the funding necessary to repair Ocean Grove's boardwalk.

Whereas, A denial of federal funding for the repair of Ocean Grove's boardwalk following severe damage from Hurricane Sandy would be unfair, and inequitable in light of the provision of boardwalk repair funding to the other shore communities; and

Whereas, The Ocean Grove Camp Meeting Association is a quasi-governmental entity with a long history of providing essential government-type services to the shore community of Neptune Township, Monmouth County, known as Ocean Grove, and its many visitors; and

Whereas, The association, for example, owns all the real estate in the Ocean Grove Community, approximately one square mile, and holds vital responsibilities for ensuring the community's safety and maintenance; and

Whereas, Ocean Grove's boardwalk, which the association owns and maintains, is the only emergency access point to the beach, serves as a staging area for lifeguards, and also provides an essential role in the public safety of the municipalities to the community's North and South as the only available route to these municipalities that is accessible to ambulances and other emergency vehicles within several blocks of the beach; and

Whereas, The boardwalk also serves as a vital public thoroughfare, and is accessible to all members of the public, just like every other boardwalk operated by a governmental entity; and

Whereas, In a February 6, 2013 decision that is now being appealed, the Federal Emergency Management Agency (FEMA) announced that it would deny public assistance funding for the reconstruction of Ocean Grove's boardwalk based on its interpretation of the eligibility criteria described in 44 C.F.R.206.221(e) and Policy 9521.3; and

Whereas, FEMA has determined that the boardwalk is primarily a recreational facility owned and operated by a private nonprofit, a classification that overlooks the boardwalk's vital emergency service role to the community, and renders it ineligible for public assistance funding in contrast with the other damaged boardwalks along the shore; and

Whereas, FEMA previously provided funding to repair the boardwalk in 1992. Its most recent denial of funding for the boardwalk is based on an inaccurate understanding of the vital role that the facility plays in assuring the public safety of Ocean Grove's shorefront area, and results in an unfair allocation of funding in which a community is being denied recovery aid for its boardwalk simply because the facility is not owned and operated by the local municipality; and

Whereas, In response to the appeal to Ocean Grove's funding denial, FEMA should change its decision, and offer the funding necessary for full reconstruction as the boardwalk is used as a critical platform for emergency services, is a public thoroughfare, and serves as integral infrastructure for maintaining safety; now, therefore,

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

1. The Legislature hereby respectfully urges the President of the United States and the Federal Emergency Management Agency (FEMA) to reconsider the decision to deny public assistance funding for the Ocean Grove boardwalk, and to take such expeditious action as is necessary to ensure that the boardwalk's repair and reconstruction is fully funded in a timely manner, and that FEMA regulations and policies are updated to avoid unreasonable funding inequities in the future.

2. This joint resolution shall take effect immediately upon signature thereof by the Governor of New Jersey; and the Secretary of State is directed to transmit duly authenticated copies forthwith to the President and Vice President of the United States, the Speaker of the House of Representatives, every member of the New Jersey Congressional delegation, and the Administrator and Region II Administrator of the Federal Emergency Management Agency.

STATEMENT

This joint resolution urges the President and the Federal Emergency Management Agency (FEMA) to ensure the funding necessary to repair Ocean Grove's boardwalk following severe damage from Hurricane Sandy, and to update FEMA regulations and policies to avoid similar funding inequities in the future. A denial of federal funding for this boardwalk would be unfair and inequitable, especially in light of the provision of boardwalk repair funding to the other shore communities and the federal government's previous history of providing repair funds for this boardwalk.

The Ocean Grove Camp Meeting Association provides many essential government-type services to the shore community of Neptune Township, Monmouth County, known as Ocean Grove. The association also owns and maintains Ocean Grove's boardwalk, a facility vital to the safety of the ocean front area. This boardwalk is the only emergency access point to the beach, and serves as a staging area for lifeguards. The boardwalk also provides an essential role in the public safety of the municipalities to Ocean Grove's North and South as the only available route to these municipalities accessible to emergency vehicles within several blocks of the beach. FEMA recently announced that it would deny public assistance funding for the reconstruction of Ocean Grove's boardwalk based on its interpretation of the eligibility criteria described in 44 C.F.R.206.221(e) and Policy 9521.3. FEMA has reasoned that the boardwalk is primarily a recreational facility owned and operated by a private nonprofit. This classification overlooks the boardwalk's vital emergency service role, and renders it ineligible for public assistance funding. FEMA's decision results in an unfair allocation of funding in which a community is being denied recovery aid simply because its boardwalk is not owned and operated by a municipality. FEMA's denial is also based on an inaccurate understanding of the boardwalk's vital public safety role, and should be reconsidered and changed.