Senate Commerce Committee Statement to Senate, No. 3403 — State of New Jersey (June 8, 2026)

Summary

A Senate Commerce Committee statement to the Senate on Senate Bill No. 3403, State of New Jersey, dated June 8, 2026, reporting the bill favorably with committee amendments. As amended, the bill requires sellers of real property to disclose in writing any knowledge of a dam located on the property, and directs the Division of Consumer Affairs to add dam questions to the property condition disclosure statement and publish it on its website. Sellers and purchasers are to be told they may find information on dam ownership responsibilities, removal and hazard classification on the Department of Environmental Protection website, and may contact the Bureau of Dam Safety about the "Safe Dam Act." The bill applies to sales after the 90th day following publication of the revised statement and is identical to Assembly Bill No. 4007.

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SENATE COMMERCE COMMITTEE

STATEMENT TO

SENATE, No.
3403

with
committee amendments

STATE
OF NEW JERSEY

DATED: JUNE 8,
2026

The Senate Commerce Committee reports favorably and
with committee amendments Senate Bill No. 3403.

As amended, this bill requires sellers of real
property to disclose in writing any knowledge of the seller regarding a dam
located on the property. The bill requires the Division of Consumer Affairs,
in consultation with the Department of Environmental Protection, the Department
of Community Affairs, and the New Jersey Real Estate Commission, to add certain
questions to the property condition disclosure statement to provide purchasers
of property with information concerning dams on the property being sold and
publish the revised disclosure statement on the division’s website in advance
of the promulgation or revision of any rules and regulations necessary to
implement the bill’s provisions.

The bill also requires the division, in consultation
with the Department of Environmental Protection, to include notification in the
disclosure requirements and form distributed to sellers and purchasers of real
property that a seller or purchaser may obtain information relating to the
ownership responsibilities, removal, and hazard classification of dams on the
website maintained by the Department of Environmental Protection and linked to
on the website of the Department of Community Affairs. The Department of
Environmental Protection’s website is to include notice that a seller or
purchaser of real property may contact the Bureau of Dam Safety to help
determine whether a dam is subject to the provisions of the “Safe Dam Act” or
regulations adopted thereto under the New Jersey Administrative Code.

As amended and reported by the committee, Senate Bill
No. 3403 is identical to Assembly Bill No. 4007.

COMMITTEE AMENDMENTS :

The committee amended the bill to:

(1) define the term “dam”;

(2) require the Division of Consumer Affairs to
publish the revised property condition disclosure statement on the division’s
website in advance of the promulgation or revision of any rules and regulations
necessary to implement the bill’s provisions;

(3) require the Department of Environmental
Protection’s website to include notice that a seller or purchaser of real
property may contact the Bureau of Dam Safety to help determine whether a dam
is subject to the provisions of the “Safe Dam Act” or regulations adopted under
chapter 20 of Title 7 of the New Jersey Administrative Code;

(4) remove a provision requiring the Department of
Environmental Protection’s website to include information about dams in the
State gathered through the property condition disclosure statement; and

(5) clarify that the bill applies to sales and
exchanges of real property occurring after the 90th day following the
publication of the revised property condition disclosure statement on the
division’s website.

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