ASSEMBLY, No. 805
STATE OF NEW JERSEY
211th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2004 SESSION
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Mercer)
SYNOPSIS
Requires DEP Commissioner to establish list of environmentally responsible companies and recognition and grant program for certain exemplary companies; requires companies on list be considered lowest bidder under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning recognition of certain businesses, companies, or corporations in the State providing environmental benefits to the State and supplementing Title 13 and Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Commissioner of Environmental Protection shall establish a list of businesses, companies, and corporations in the State that are, as determined by the commissioner, environmentally responsible, and, shall provide the list, and each update of the list, to the State Treasurer and the Director of the Division of Purchase and Property in the Department of the Treasury. The commissioner shall update the list on an annual basis, or as frequently as requested by the State Treasurer and the Director of the Division of Purchase and Property, who shall each request such updates as frequently as each determines is necessary for the implementation of this act.
b. In addition to designating businesses, companies, or corporations as environmentally responsible pursuant to subsection a. of this section, the Commissioner of Environmental Protection shall periodically award certificates of recognition to businesses, companies, or corporations in the State that, as determined by the commissioner, have exhibited exemplary attention to, and concern for, the environment in their business practices, policies, procedures or products. To the extent funding is provided by a specific appropriation of the Legislature, the commissioner shall award grants not to exceed $100,000 per business, company, or corporation for the implementation of environmental measures above and beyond the scope of those measures required pursuant to federal and State law that have provided significant environmental benefit to the State.
c. Any business, company, or corporation in the State that implements environmental measures above and beyond the scope of those measures required pursuant to federal and State law may submit to the Commissioner of Environmental Protection documentation of the implemented measures, when the implementation began, how the measures constitute environmental measures above and beyond the scope of those measures required pursuant to federal and State law, and the environmental benefit gained by the State from the implementation of the measures. The Commissioner of Environmental Protection shall review the submitted documentation and determine if the business, company or corporation should be included in the list established pursuant to subsection a. of this section, and if the business, company or corporation should be further recognized for its achievements pursuant to subsection b. of this section.
d. The Commissioner of Environmental Protection may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary for the implementation of this section, including, but not limited to, provisions establishing the criteria for designation as an environmentally responsible business, company, or corporation, for award of certificates of recognition and grants to exemplary businesses, companies, or corporations, and for the amount of such grants when funding is provided therefor by a specific appropriation of the Legislature.
e. The Commissioner of Environmental Protection shall include in the annual budget request for the Department of Environmental Protection a request for funds sufficient for the implementation of the grant program established pursuant to subsection b. of this section.
2. a. Notwithstanding any other provision of State law, or any rule or regulation adopted pursuant thereto, to the contrary, if a business, company, or corporation on the list established pursuant to subsection a. of section 1 of P.L. , c. (C. ) (now before the Legislature as this bill) submits a bid on a public contract issued by the State within 5 percent of the lowest bid and that bid is one of the three lowest bids made for the public contract, then that business, company, or corporation shall be considered to be the lowest bidder for the purposes of awarding the contract pursuant to R.S.52:32-2, section 3 of P.L.1987, c.202 (C.52:32-2.3), or any other provision of State law directing a public contract to be issued by the State to be awarded to the lowest bidder.
b. The State Treasurer, in consultation with the Commissioner of Environmental Protection, shall establish a procedure for resolving any dispute that may arise from the awarding of a public contract by the State pursuant to subsection a. of this section.
3. This act shall take effect immediately.
STATEMENT
This bill directs the Commissioner of Environmental Protection to establish a list of environmentally responsible businesses, companies and corporations in the State, and to further recognize businesses, companies, or corporations that have exemplary attention to, and concern for, the environment by awarding them certificates of recognition and grants, to the extent funding is provided by the Legislature, not to exceed $100,000 per business, company or corporation.
The Commissioner of Environmental Protection may establish the criteria for designation as an environmentally responsible business, company, or corporation, for award of certificates of recognition and grants to exemplary businesses, companies, or corporations, and for the amount of such grants by regulation. The bill requires the commissioner to request funding for the grant program as part of the annual budget request for the Department of Environmental Protection.
The bill also provides that if a business, company, or corporation on the list to be developed by the commissioner submits a bid on a State public contract within 5% of the lowest bid and is one of the three lowest bids made for the public contract, then that business, company, or corporation shall be considered to be the lowest bidder for the purposes of awarding the State contract. Finally, the bill directs the State Treasurer, in consultation with the commissioner, to establish a procedure for resolving any disputes that may arise from the awarding of public contracts with the State in this manner.