ASSEMBLY, No. 3764

STATE OF NEW JERSEY

215th LEGISLATURE

INTRODUCED FEBRUARY 7, 2013

 


 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

Assemblyman  UPENDRA J. CHIVUKULA

District 17 (Middlesex and Somerset)

 

Co-Sponsored by:

Assemblywoman Handlin, Assemblymen Schaer and Coughlin

 

 

 

 

SYNOPSIS

     Permits counties and municipalities to use snow removal reserve funds for clearance of debris following declaration of emergency by President or Governor.

 

CURRENT VERSION OF TEXT

     As introduced.

 


An Act concerning the use of snow removal reserve funds and amending P.L.2001, c.138.

 

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

 

     1.    Section 1 of P.L.2001, c.138 (C.40A:4-62.1) is amended to read as follows:

     1.    a.  (1) A local unit may, by resolution, establish a snow removal reserve.  Unexpended balances budgeted annually for snow removal may be lapsed into the reserve.  Upon passage of a resolution of the governing body, funds in the reserve may be used for any purpose related to snow and ice removal by the local unit after current budget appropriations for that purpose have been expended.

     (2)   Following the declaration of an emergency by the President of the United States or the Governor, a local unit may, by resolution, authorize the use of funds in the reserve for the removal of debris, including, but not limited to, the clearance of dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash, building wreckage, damaged or destroyed building contents, sand, mud, silt, and gravel.

     (3)   Unexpended balances budgeted annually for the clearance of dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash, building wreckage, damaged or destroyed building contents, sand, mud, silt, or gravel may be lapsed into the reserve.

     b.    The Local Finance Board is authorized to adopt rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), in order to effectuate the purposes of this section.

(cf: P.L.2001, c.138, s.1)

 

     2.    This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would authorize counties and municipalities, following the declaration of emergency by the President of the United States or the Governor, to adopt a resolution permitting the use of snow removal reserve funds for the clearance of debris.  As classified by the bill, debris includes, but is not limited to dead and dying trees, stumps, roots, garbage, trash, building wreckage, sand, mud, silt, and gravel.  Counties and municipalities would also be allowed to lapse unexpended funds annually budgeted for these purposes to lapse into the snow removal reserve.

     Since 2001, counties and municipalities have been permitted, by resolution, to establish snow-removal reserves, so that unused monies budgeted annually for snow and ice removal during low-demand years may be “banked” by those local units for use in budget years when weather conditions are more serious.  This legislation would grant counties and municipalities the ability to maintain a cache of funds that could support local government clean up efforts following other types of disasters, such as hurricanes and floods.