ASSEMBLY, No. 289
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman ROONEY
An Act concerning the regulation of public utilities and energy, making transfers to certain departments, and supplementing and amending various Titles of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) a. The Board of Regulatory Commissioners, established and named as such and transferred to the Department of Environmental Protection pursuant to Reorganization Plan No. 002-1991, is renamed the Board of Public Utility Commissioners and, together with all its functions, powers and duties, is transferred to and constituted as the Board of Public Utility Commissioners in but not of the Department of the Treasury. Notwithstanding this allocation, the board shall be independent of any supervision or control by the Department of the Treasury or by any officer thereof.
b. The positions of the chairperson and commissioners of the Board of Regulatory Commissioners shall be continued as the president and commissioners of the Board of Public Utility Commissioners. The president and commissioners of the Board of Public Utility Commissioners shall be appointed in the manner, and shall receive such salaries as shall be provided by law.
c. All responsibility for the budget, fiscal and personnel matters of the Board of Public Utility Commissioners, including the adoption of a Code of Ethics as required by P.L.1971, c.12 (C.52:13D-12 et seq.), that was transferred to the Department of Environmental Protection pursuant to Reorganization Plan No. 002-1991, is transferred to the Board of Public Utility Commissioners in the Department of the Treasury. The board shall make annual budget recommendations to the Director of the Division of Budget and Accounting, in that department, for review and recommendation to the Governor for approval in the same manner as proposed departmental budgets. The Department of Personnel shall not reclassify any title or position transferred from the Board of Regulatory Commissioners pursuant to P.L. , c. (C. ) (pending in the Legislature as this bill) without the approval of the board.
d. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Board of Regulatory Commissioners in the Department of Environmental Protection and Energy, or any of its predecessors, the same shall mean and refer to the Board of Public Utility Commissioners in but not of the Department of the Treasury.
e. The board shall not be subject to the provisions of the "Executive Reorganization Act of 1969," P.L.1969, c.203 (C.52:14C-1 et seq.).
2. (New section) a. There is established in the Board of Public Utility Commissioners the Division of Energy Planning and Conservation, and all of the functions, powers and duties of the Division of Energy Planning and Conservation set forth in section 9 of P.L.1977, c.146 (C.52:27F-11) and transferred to the Department of Environmental Protection pursuant to Reorganization Plan No. 002-1991 are transferred to and vested in the Division of Energy Planning and Conservation in the Board of Public Utility Commissioners. The Office of Energy Planning in the Department of Environmental Protection, created pursuant to Reorganization Plan No. 002-1991, is continued and shall perform such functions as the Commissioner of Environmental Protection shall prescribe.
b. The Division of Energy Planning and Conservation shall be under the immediate supervision of a director who shall administer the work of the division under the direction of the Board of Public Utility Commissioners.
c. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Division of Energy Planning and Conservation in the Department of Energy, the Department of Commerce, Energy and Economic Development, or in the Board of Public Utilities, or the Office of Energy Planning in the Department of Environmental Protection and Energy, the same shall mean and refer to the Division of Energy Planning and Conservation in the Board of Public Utility Commissioners.
3. (New section) a. The Advisory Council on Energy Planning and Conservation, transferred to the Department of Environmental Protection pursuant to Reorganization Plan No. 002-1991, together with all of its functions, powers and duties as set forth in section 11 of P.L.1977, c.146 (C.52:27F-13), is continued and transferred to and constituted as the Advisory Council on Energy Planning and Conservation in the Division of Energy Planning and Conservation in the Board of Public Utility Commissioners.
b. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Advisory Council on Energy Planning and Conservation in the Department of Energy, the Department of Commerce, Energy and Economic Development, the Board of Public Utilities, or the Department of Environmental Protection and Energy, the same shall mean and refer to the Advisory Council on Energy Planning and Conservation in the Division of Energy Planning and Conservation in the Board of Public Utility Commissioners.
4. (New section) a. The Department of Environmental Protection and Energy, denominated as such pursuant to Reorganization Plan No. 002-1991, is renamed the Department of Environmental Protection.
b. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Department of Environmental Protection and Energy or the Commissioner thereof, the same shall mean and refer to the Department of Environmental Protection and the Commissioner thereof, except that whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding reference is made to the energy planning or energy conservation functions, powers or duties of the Department of Environmental Protection and Energy or the Commissioner thereof, the same shall mean and refer to the Division of Energy Planning and Conservation in the Board of Public Utility Commissioners.
5. (New section) All transfers directed by this act shall be made in accordance with the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.).
6. (New section) All provisions of Reorganization Plan 002-1991 inconsistent with the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) are hereby null and void.
7. R.S.48:2-1 is amended to read as follows:
48:2-1. a. There is hereby established in [the Executive Branch of the State Government a principal department which shall be known as the Department of Public Utilities. The Board of Public Utility Commissioners, hereinafter in this chapter designated as the "board," created and established by the act entitled "An act concerning public utilities; to create a board of public utility commissioners and to prescribe its duties and powers," approved April 21, 1911 (L.1911, c. 195, p. 374), as amended and supplemented, is continued and is designated the head of such principal department] but not of the Department of the Treasury the Board of Public Utility Commissioners.
b. The board shall consist of [three citizens of this State] three commissioners, who shall devote their entire time to the duties of the board and shall not engage in any occupation, profession or other gainful employment. Members of the board shall be appointed by the Governor with the advice and consent of the Senate, for terms of [6] six years. The terms of office of the members of the board shall continue until their successors are appointed and qualified. No person shall act as a member of the board until his appointment has been confirmed by the Senate. Not more than two of the members of the board shall be members of the same political party. All vacancies, except through the expiration of term, shall be filled for the unexpired term only.
8. Section 2 of P.L.1948, c.90 (C.48:2-1.1) is amended to read as follows:
2. The Governor shall designate one of the members of the board of public utility commissioners as president of such board. Any member of the board so designated shall serve as such president at the pleasure of the Governor designating him and until his successor has been designated. The president of the board shall be its presiding officer and the chief administrative officer of the [Department of Public Utilities] Board of Public Utility Commissioners. The other members of the board shall be eligible to appointment to fill a vacancy in the office of president of the board.
(cf: P.L.1948, c.90, s.2)
9. R.S.48:2-2 is amended to read as follows:
48:2-2. a. The board shall have a common seal. It shall appoint a secretary, assistant secretaries, [counsel] and such other employees as it may deem necessary and fix their duties and terms of service. [It]
b. Notwithstanding the provisions of P.L.1944, c.20 (C.52:17A-1 et seq.) or any other law or order to the contrary, the board shall appoint counsel for the performance of administrative functions entailing the hearing of issues and determining facts in order that the board may perform its regulatory functions as required by law.
c. The board shall fix the compensation of all officers and employees, subject to the provisions of Title 11, Civil Service, except where otherwise provided by statute.
(cf: P.L.1962, c.198, s.1)
10. R.S.48:2-3 is amended to read as follows:
48:2-3. The board shall have a principal office in Newark and such other offices in such place and places as the [Governor] board in writing may designate, and shall be provided with all necessary furniture, stationery, maps, supplies and office appliances. The board shall appoint a director of office management to serve such office and offices and fix his duties and terms of service. It shall fix the compensation of the director of office management at not less than range code A-32 under the State of New Jersey Compensation Plan, effective June 23, 1973. The board shall meet at such times and places within this State as it may provide.
(cf: P.L.1974, c.82, s.1)
11. Section 2 of P.L.1951, c.326 (C.48:2-3.1) is amended to read as follows:
2. Upon the designation by the [Governor] board of the principal office of the Board of Public Utility Commissioners pursuant to section 48:2-3 of the Revised Statutes, the board shall file in the office of the Secretary of State a copy of such designation, and thereafter, wherever reference is made in any law to the office of the board [in Trenton] it shall be given effect as though it specifically referred to said principal office so designated.
(cf: P.L.1951, c.326, s.2)
12. Section 1 of P.L.1983, c.78 (C.48:2-13.1) is amended to read as follows:
1. Notwithstanding the provisions of any other law, rule or regulation to the contrary, with respect to a rural, electric cooperative which is exclusively owned and controlled by the consumers it serves, the Board of Public [Utilities] Utility Commissioners shall not exercise any jurisdiction or control over the rates, charges or operation of the cooperative nor shall the approval of the board be required to authorize or validate any mortgage or encumbrance of real property of or the issuance or execution of any evidence of indebtedness by the cooperative, except that the board shall retain its jurisdiction to determine disputes concerning the territory served or to be served by an electric cooperative.
(cf: P.L.1983, c.78, s.1)
13. Section 1 of P.L.1982, c.222 (C.48:2-16.4) is amended to read as follows:
1. The Board of Public [Utilities] Utility Commissioners shall establish procedures to provide for management audits to be performed on a regular or irregular schedule on all or any portion of the operating procedures and any other internal workings of every gas or electric utility subject to its jurisdiction. In any case where the board determines that an audit is necessary or desirable, it may order the audit to be performed by members of its staff, or it may require that the audit be performed under the supervision of designated members of the board's staff by an independent management consulting firm selected by the utility from a list provided by the board for the audit, which list shall include the names of at least five qualified firms, at least two of which shall be of nationally recognized stature. An audit shall be conducted at least once every 3 years, except where the board finds that an audit is unnecessary. In no event, however, shall an audit be conducted less than once every 6 years. All expenses of the audits shall be borne by the affected utilities. The results of each audit shall be filed with the board and shall be open to public inspection. Upon completion and review of an audit, if the person or firm performing or supervising the audit determines that any of the operating procedures or any other internal workings of the affected utility are inefficient, improvident, unreasonable, negligent or an abuse of discretion, the board may, after notice and opportunity for a hearing, order the affected public utility to adopt such new or altered practices and procedures as the board shall find to be necessary to promote efficient and adequate service to meet the public convenience and necessity. All reasonable and proper costs and expenses, as determined by the board, of complying with any order of the board pursuant to this act shall be recognized by the board for all purposes as proper business expenses of the affected utility. Nothing in this act shall be deemed to interfere or conflict with any powers of the board or its staff to conduct an audit, investigation or review of the books, records and accounts of any gas or electric utility under its jurisdiction.
(cf: P.L.1982, c.222, s.1)
14. Section 2 of P.L.1983, c.94 (C.48:2-21.5) is amended to read as follows:
2. The Legislature finds and declares that the Board of Public [Utilities] Utility Commissioners has the statutory responsibility to fix just and reasonable electric utility rates; that the board, in carrying out this responsibility, must balance the interests of the public utilities, their stockholders, and the consuming public; that an accident at an electric generating or transmission facility, as recent experience indicates, may, by reason of the extraordinary costs involved in the cleanup and repair of the facility, in purchasing replacement power, and in paying any damages, seriously affect the financial condition of any utility that has a full or part interest in any such disabled facility; and that to insure maximum protection for, and an equitable sharing of costs among, the utility, its ratepayers, and its stockholders, it is necessary to establish a special hearing procedure to determine the party or parties at fault, if any, and to develop guidelines concerning the establishment of remedies and the apportionment of financial responsibility.
(cf: P.L.1983, c.94, s.2)
15. Section 28 of P.L.1983, c.315 (C.48:2-21.10) is amended to read as follows:
28. The Board of Public [Utilities] Utility Commissioners shall consider all expenses incurred by a public utility in complying with the provisions of [P.L.[1983], c. [315] (C.[34:5A-1 et seq.]) (now pending before the Legislature as Senate Committee Substitute for Senate Bill No. 1670 of 1982)]P.L.1983, c.315 (C.34:5A-1 et al) as a current expense of providing utility service, which shall be charged to all ratepayers of the utility in the same manner as other current operating expenses of providing utility service.
(cf: P.L.1983, c.315, s.28)
16. Section 1 of P.L.1983, c.461 (C.48:2-21.11) is amended to read as follows:
1. In determining just and reasonable rates for any electric utility pursuant to R.S.48:2-21, R.S.48:2-21.1, or section 31 of P.L.1962, c.198 (C.48:2-21.2), the Board of Public [Utilities] Utility Commissioners shall provide that any moneys received by the utility as reimbursement for costs incurred, including those for replacement energy, from any insurance carrier, or as a result of any legal action or settlement shall be accounted for as moneys available to the utility.
(cf: P.L.1983, c.461, s.1)
17. Section 19 of P.L.1989, c.3 (C.48:2-21.15) is amended to read as follows:
19. Any telecommunications carrier other than a telephone company, that is no longer subject to taxation on personal property pursuant to R.S.54:4-1 et seq., or to taxation upon its gross receipts pursuant to P.L.1940, c.4 (C.54:30A-16 et seq.) as a result of the amendments to sections 2 and 3 of P.L.1940, c.4 (C.54:30A-17 and 54:30A-18) and to R.S.54:4-1 made in sections 2, 3 and 4 of P.L.1989, c.2 shall, within 90 days of the operative date of [this act] P.L.1989, c.3 (C.52:17C-1 et al.), petition the Board of Public [Utilities] Utility Commissioners for a reduction in its rates. The board shall institute a hearing on the petition, and at the conclusion of the hearing shall determine the amount of the reduction in the rate base of the telecommunications carrier which reflects the elimination of the tax liability of such carrier under those amendments. The rate reduction shall not take effect prior to January 1 next following enactment of [this act] P.L.1989, c.3.
(cf: P.L.1989, c.3, s.19)
18. Section 2 of P.L.1991, c.428 (C.48:2-21.17) is amended to read as follows:
2. As used in this act:
"Alternative form of regulation" means a form of regulation of telecommunications services other than traditional rate base, rate of return regulation to be determined by the board and may include, but not be limited to, the use of an index, formula, price caps, or zone of rate freedom.
"Assess" means, in relation to the Director of the Division of Rate Counsel, the making of any assessment or statement of the compensation and expense of counsel, experts and assistants employed by rate counsel and billed by the Director of the Division of Rate Counsel as a final agency order or determination to a local exchange telecommunications company or an interexchange telecommunications carrier filing a petition with the Board of [Regulatory] Public Utility Commissioners pursuant to the provisions of this act.
"Board" means the Board of [Regulatory] Public Utility Commissioners or its predecessor agency.
"Competitive service" means any telecommunications service determined by the board to be competitive prior to the effective date of this act or determined to be competitive pursuant to sections 4 or 5 of this act, or any telecommunications service not regulated by the board.
"Interexchange telecommunications carrier" means a carrier, other than a local exchange telecommunications company, authorized by the board to provide long-distance telecommunications services.
"LATA" means Local Access Transport Area as defined by the board in conformance with applicable federal law.
"Local exchange telecommunications company" means a carrier authorized by the board to provide local telecommunications services.
"Protected telephone services" means any of the following telecommunications services provided by a local exchange telecommunications company, unless the board determines, after notice and hearing, that any of these services is competitive or should no longer be a protected telephone service: telecommunications services provided to business or residential customers for the purpose of completing local calls; touch-tone service or similar service; access services other than those services that the board has previously found to be competitive; toll service provided by a local exchange telecommunications company; and the ordering, installation and restoration of these services.
"Rate counsel" means the Division of Rate Counsel in the Department of the Public Advocate acting pursuant to section 19 of P.L.1974, c.27 (C.52:27E-18).
"Telecommunications service" means any telecommunications service which is subject to regulation by the board pursuant to Title 48 of the Revised Statutes.
(cf: P.L.1991, c.428, s.2)
19. Section 4 of P.L.1988, c.163 (C.48:2-23.1) is amended to read as follows:
4. a. The Board of Public [Utilities] Utility Commissioners, in reviewing a request by a public utility to convey land utilized for the purpose of the protection of a public water supply to a corporation or other entity which is not subject to the jurisdiction of the board, shall request the Department of Environmental Protection to review and make recommendations on an assessment, prepared and submitted by the utility, of the impact that the conveyance, and the prospective use or uses of the land conveyed, would have on the water quality of the affected public water supply, and shall require the department to assess the impact of the conveyance on the State's open space, conservation, and recreation requirements. The department, upon receipt of a request by the board for an assessment and a review pursuant to this subsection, shall prepare and submit to the board the assessment and review within 12 months of the request therefor.
b. Any public utility requesting the board to approve a conveyance of land utilized for the purpose of the protection of a public water supply to a corporation or other entity which is not subject to the jurisdiction of the board shall submit to the board a document setting forth a detailed explanation of the prospective use or uses of the land to be conveyed. The board, upon receipt of this document, may require the public utility to submit any additional information which the board deems appropriate.
(cf: P.L.1988, c.163, s.4)
20. Section 2 of P.L.1983, c.95 (C.48:2-29.37) is amended to read as follows:
2. The Board of Public [Utilities] Utility Commissioners is hereby empowered to and shall direct every electric utility to allow any ratepayer who is also a cogenerator and who sells cogenerated electricity to the utility and repurchases electricity from the utility a credit against that ratepayer's electricity charges. The credit shall be in an amount equal to the gross receipts and franchise taxes imposed by P.L.1940, c.5 (C.54:30A-49 et seq.) which, except for the provisions of section 2 of P.L.1940, c.5 (C.54:30A-50), would have been paid by the utility on receipts received by the utility from the cogenerating ratepayer in payment for cogenerated electrical energy resold by the utility to the producing cogenerator where produced. The credit provided by this act shall be computed during each regular billing period. The credit for any given billing period may be utilized by the cogenerating ratepayer against any electricity purchases up to six months after said billing period.
(cf: P.L.1983, c.95, s.2)
21. Section 4 of P.L.1985, c.203 (C.48:2-32.2b) is amended to read as follows:
4. This amendatory and supplementary act shall not be construed as limiting notice requirements, per se, to the hearings and investigations set forth in section 3 hereof but, rather, shall be construed as complementing any other public utility notice requirements, and other notice requirements, pertaining to the Board of Public [Utilities] Utility Commissioners, which are provided by law.
(cf: P.L.1985, c.203, s.4)
22. Section 1 of P.L.1980, c.179 (C.48:2-32.4) is amended to read as follows:
1. Prior to granting a public utility a proposed adjustment which would result in an increase in individual rates, joint rates, tolls, charges or schedules thereof, the Board of Public [Utilities] Utility Commissioners or the Office of Administrative Law shall hold at least one public hearing in the municipality affected by the proposed adjustment. If more than one municipality is located in the service area affected by the proposed adjustment, the public hearing shall be held in a centrally located municipality in the affected service area. Notice of any such hearing shall be furnished in the manner provided for notices generally pursuant to subsections c. and d. of section 34 of P.L.1962, c.198 (C.48:2-32.2). In the case of a hearing held by the Office of Administrative Law, proof of service of notice by a public utility shall be furnished to that office.
(cf: P.L.1985, c.203, s.2)
23. Section 1 of P.L.1983, c.454 (C.48:2-32.5) is amended to read as follows:
1. For purposes of this act:
a. "Geographic region" means one of the following regions of the State: the southern region encompassing the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean and Salem; the central region encompassing the counties of Hunterdon, Mercer, Middlesex, Monmouth and Somerset; and the northern region encompassing those counties remaining in the State.
b. "Intervenor" means any person permitted to intervene by the Board of Public [Utilities] Utility Commissioners or its presiding officer in any proceeding.
c. "Objector" means any person who objects on the grounds of public or private interest to the approval, determination, consent, certification or authorization of any petition pending before the board.
d. "Petitioner" means any person who files a petition, or on whose behalf a petition is made, for approval, determination, consent, certification or authorization of the board.
e. "Respondent" means any person subject to the jurisdiction of the board to whom the board issues notice instituting a proceeding or investigation of the board or ordered before any pending proceeding of the board or against whom a petition is filed.
f. "Service area" means the entire geographic area over which a gas or electric light, heat or power company has a privilege or franchise granted by the State or by any political subdivision of the State, in accordance with the provisions of R.S.48:2-13 and R.S.48:2-14.
g. "Significant increase" means an increase other than one resulting from a levelized energy adjustment clause or raw materials adjustment clause.
(cf: P.L.1983, c.454, s.1)
24. Section 1 of P.L.1984, c.2 (C.48:2-51.1) is amended to read as follows:
1. No person shall acquire or seek to acquire control of a public utility directly or indirectly through the medium of an affiliated or parent corporation or organization, or through the purchase of shares, the election of a board of directors, the acquisition of proxies to vote for the election of directors, or through any other manner, without requesting and receiving the written approval of the Board of Public [Utilities] Utility Commissioners. Any agreement reached, or any other action taken, in violation of this act shall be void. In considering a request for approval of an acquisition of control, the board shall evaluate the impact of the acquisition on competition, on the rates of ratepayers affected by the acquisition of control, on the employees of the affected public utility or utilities, and on the provision of safe and adequate utility service at just and reasonable rates. The board shall accompany its decision on a request for approval of an acquisition of control with a written report detailing the basis for its decision, including findings of fact and conclusions of law.
(cf: P.L.1984, c.2, s.1)
25. Section 1 of P.L.1968, c.173 (C.48:2-59) is amended to read as follows:
1. To enable the Board of Public Utility Commissioners [in the Department of Public Utilities] to better perform its lawful duties relating to service, classifications to be used, rates and charges to be made and collected, rules and regulations to be prescribed, and supervision over all public utilities [and public movers] under its jurisdiction, the Board of Public Utility Commissioners shall annually make an assessment against each public utility [and public mover].
(cf: P.L.1972, c.36, s.1)
26. Section 2 of P.L.1968, c.173 (C.48:2-60) is amended to read as follows:
2. The assessment shall be equal to a percentage of the gross operating revenue of the public utilities under the jurisdiction of the board derived from intrastate operations during the preceding calendar year at a rate to be determined annually by the board on or before June 30 in the following manner:
The total amount appropriated to the Board of Public [Utilities] Utility Commissioners by law for its general purposes for its next fiscal year shall be divided by the total amount of the gross operating revenues of all public utilities under the jurisdiction of the board derived from intrastate operations during the preceding calendar year. The quotient resulting shall constitute the percentage rate of the assessment for the calendar year in which such computation is made. The total amount so assessed to any particular public utility shall not exceed 1/4 of 1% of the gross operating revenue subject to assessment hereunder of that utility derived from its intrastate operation during the preceding calendar year, except that the minimum assessment for any public utility shall be $500[.00].
(cf: P.L.1989, c.281, s.1)
27. (New section) a. All of the functions, powers and duties heretofore exercised by the Board of Public Utilities for the regulation of rates and public utility aspects of solid waste collection and solid waste disposal operations and facilities pursuant to P.L.1968, c.173 (C.48:2-59 et seq.), P.L.1970, c.40 (C.48:13A-1 et seq.), Title 48 of the Revised Statutes, or any other law, and the responsibility and authority to review and approve proposed contracts pursuant to the provisions of P.L.1985, c.38 (C.13:1E-136 et seq.), are hereby continued and transferred to and vested in the Department of Environmental Protection and the Commissioner thereof.
b. Whenever in any law, rule, regulation, order, contract, tariff, document, judicial or administrative proceeding or otherwise relating to recycling, solid waste collection or solid waste disposal, reference is made to the Board of Public Utilities, the same shall mean and refer to the Department of Environmental Protection and the Commissioner thereof.
c. After April 14, 1996, the provisions of P.L.1968, c.173 (C.48:2-59 et seq.) relating to the annual assessment made by the Department of Environmental Protection shall not apply to any person engaging in the business of solid waste collection pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C.48:13A-7.1 et seq.).
28. (New section) a. After August 19, 1991, the Board of Public Utility Commissioners shall not make an assessment against any person engaging in the business of solid waste collection or solid waste disposal pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.).
b. The provisions of subsection a. of this section shall not affect any obligation to pay an assessment made by the board prior to August 19, 1991, nor shall these provisions affect the legal authority of the board under sections 1 and 2 of P.L.1968, c.173 (C.48:2-59 and 48:2-60) to make an assessment against any person engaging in the business of solid waste collection or solid waste disposal prior to that date.
c. The provisions of subsection a. of this section shall not affect the legal authority of the State Treasurer under section 12 of P.L.1968, c.173 (C.48:2-70) to collect the amount stated to be due, including any interest which may accrue by virtue of the neglect or refusal of the public utility to pay an assessment made by the board prior to August 19, 1991, nor shall these provisions invalidate or affect any proceeding for the enforcement thereof.
29. Section 1 of P.L.1987, c.211 (C.48:3-2.1) is amended to read as follows:
1. A public utility shall pay or credit interest at a rate prescribed by the Board of Public [Utilities] Utility Commissioners on any overpayment made by a residential customer due to a billing error, unless the overpayment is fully refunded or credited to the customer's account within two billing cycles after written notification by the customer to the utility of the alleged error. For the purposes of this act, "billing error" means a charge to a residential customer in excess of that approved by the board for the type of service supplied to that customer, or in excess of the charge due for the service supplied to that customer as measured or recorded by meter or other device, except that neither the amount of an estimated bill in and of itself, nor the amount due on a budget account installment, shall constitute a billing error. The board shall set and from time to time revise the interest rate in accordance with appropriate prevailing marketplace interest rates.
(cf: P.L.1987, c.211, s.1)
30. R.S.48:3-3 is amended to read as follows:
48:3-3. a. No public utility shall provide or maintain any service that is unsafe, improper or inadequate, or withhold or refuse any service which reasonably can be demanded or furnished when ordered by the board.
b. (1) No solid waste collector as defined in section 3 of P.L.1970, c.40 (C.48:13A-3) shall provide any solid waste collection services that are unsafe, improper or inadequate, or withhold or refuse any solid waste collection services which reasonably can be demanded or furnished when ordered by the Department of Environmental Protection.
(2) The [board] Department of Environmental Protection, upon receipt of a notification of refusal to provide solid waste collection services within a municipality pursuant to section 2 of P.L.1991, c.170 (C.40:66-5.2), may order the solid waste collector to provide these services in accordance with the provisions of R.S.48:2-23.
(cf: P.L.1991, c.170, s.5)
31. R.S.48:3-7 is amended to read as follows:
48:3-7. a. No public utility shall, without the approval of the board, sell, lease, mortgage or otherwise dispose of or encumber its property, franchises, privileges or rights, or any part thereof; or merge or consolidate its property, franchises, privileges or rights, or any part thereof, with that of any other public utility.
Where, by the proposed sale, lease or other disposition of all or a substantial portion of its property, any franchise or franchises, privileges or rights, or any part thereof or merger or consolidation thereof as set forth herein, it appears that the public utility or a wholly owned subsidiary thereof may be unable to fulfill its obligation to any employees thereof with respect to pension benefits previously enjoyed, whether vested or contingent, the board shall not grant its approval unless the public utility seeking the board's approval for such sale, lease or other disposition assumes such responsibility as will be sufficient to provide that all such obligations to employees will be satisfied as they become due.
Every sale, mortgage, lease, disposition, encumbrance, merger or consolidation made in violation of this section shall be void.
Nothing herein shall prevent the sale, lease or other disposition by any public utility of any of its property in the ordinary course of business, nor require the approval of the board to any grant, conveyance or release of any property or interest therein heretofore made or hereafter to be made by any public utility to the United States, State or any county or municipality or any agency, authority or subdivision thereof, for public use.
The approval of the board shall not be required to validate the title of the United States, State or any county or municipality or any agency, authority or subdivision thereof, to any lands or interest therein heretofore condemned or hereafter to be condemned by the United States, State or any county or municipality or any agency, authority or subdivision thereof for public use.
b. Notwithstanding any law, rule, regulation or order to the contrary, an autobus public utility regulated by and subject to the provisions of Title 48 of the Revised Statutes may, without the approval of the Department of Transportation, sell, lease, mortgage or otherwise dispose of or encumber its property, or any part thereof, except that approval of the Department of Transportation shall be required for the following:
(1) the sale of 60% or more of its property within a 12-month period;
(2) a merger or consolidation of its property, franchises, privileges or rights; or
(3) the sale of any of its franchises, privileges or rights.
Notice of the sale, purchase or lease of any autobus or other vehicle subject to regulation under Title 48 of the Revised Statutes shall be provided to the Department of Transportation as the department shall require.
c. Except as otherwise provided in subsection e. of this section, no solid waste collector as defined in section 3 of P.L.1970, c.40 (C.48:13A-3) shall, without the approval of the [board] Department of Environmental Protection:
(1) sell, lease, mortgage or otherwise dispose of or encumber its property, including customer lists; or
(2) merge or consolidate its property, including customer lists, with that of any other person or business concern, whether or not that person or business concern is engaged in the business of solid waste collection or solid waste disposal pursuant to the provisions of P.L.1970 c.39 (C.13:1E-1 et seq.), P.L.1970, c.40 (C.48:13A-1 et seq.), P.L.1991, c.381 (C.48:13A-7.1 et al.) or any other act.
d. Any solid waste collector seeking approval for any transaction enumerated in subsection c. of this section shall file with the [board] department, on forms and in a manner prescribed by the [board] department, a notice of intent at least 30 days prior to the completion of the transaction.
(1) The [board] department shall promptly review all notices filed pursuant to this subsection. The [board] department may, within 30 days of receipt of a notice of intent, request that the solid waste collector submit additional information to assist in its review if it deems that such information is necessary. If no such request is made, the transaction shall be deemed to have been approved. In the event that additional information is requested, the [board] department shall outline, in writing, why it deems such information necessary to make an informed decision on the impact of the transaction on effective competition.
(2) The [board] department shall approve or deny a transaction within 60 days of receipt of all requested information. In the event that the [board] department fails to take action on a transaction within the 60-day period specified herein, then the transaction shall be deemed to have been approved.
(3) The [board] department shall approve a transaction unless it makes a determination pursuant to the provisions of section 19 of P.L.1991, c.381 (C.48:13A-7.19) that the proposed sale, lease, mortgage, disposition, encumbrance, merger or consolidation would result in a lack of effective competition.
The [Board of Public Utilities] department shall prescribe and provide upon request all necessary forms for the implementation of the notification requirements of this subsection.
e. (1) Any solid waste collector may, without the approval of the [board] department, purchase, finance or lease any equipment, including collection or haulage vehicles.
(2) Any solid waste collector may, without the approval of the [board] department, sell or otherwise dispose of its collection or haulage vehicles; except that no solid waste collector shall, without the approval of the [board] department in the manner provided in subsection d. of this section, sell or dispose of 33% or more of its collection or haulage vehicles within a 12-month period.
As used in this section, "business concern" means any corporation, association, firm, partnership, sole proprietorship, trust or other form of commercial organization.
(cf: P.L.1991, c.381, s.35)
32. Section 3 of P.L.1983, c.115 (C.48:7-18) is amended to read as follows:
3. As used in this act:
[a. "Commissioner" means the Commissioner of the Department of Energy;
b. ] "Board" means the Board of Public Utility Commissioners;
"Construction" means on-site work to install any permanent equipment or structure for any facility, but does not include installation of environmental monitoring equipment or any work related thereto;
[c. "Department" means the Department of Energy;
d. ]"Director" means the director of the Division of Energy Planning and Conservation in the Board of Public Utility Commissioners;
"Division" means the Division of Energy Planning and Conservation in the Board of Public Utility Commissioners;
"Electric facility" means:
(1) Any electric power generating unit or combination of units at a single site with a combined production of 100 megawatts or more and any facilities appurtenant thereto; or
(2) Any electric generating units added to an existing electric generating facility which will increase its installed capacity by 25% or by more than 100 megawatts, whichever is smaller.
(cf: P.L.1983, c.115, s.3)
33. Section 4 of P.L.1983, c.115 (C.48:7-19) is amended to read as follows:
4. No public utility shall commence construction of any electric facility without having obtained from the [department] division a certificate of need therefor as hereinafter provided. No agency of the State, or any county or municipal government, shall issue any license or permit required for any such construction or substantial expansion prior to the issuance of a certificate of need therefor by the [department] division.
(cf: P.L.1983, c.115, s.4)
34. Section 5 of P.L.1983, c.115 (C.48:7-20) is amended to read as follows:
5. Any utility planning to construct an electric facility shall, at least 1 year prior to the formal application for a certificate of need therefor, submit to the [department] division a notice of intent on forms and in a manner specified by the [department] division. Receipt by the [department] division of the notice of intent shall initiate the early assessment stage of the certificate of need process. During the early assessment stage, the [department] division shall hold public hearings, in the franchise area served by that utility, to solicit the views of concerned individuals and groups on the proposed facility; provide advice to the utility on the proposed facility and on relevant alternative ways of meeting projected electricity demand which will minimize rate increases, reduce any adverse environmental impact of the proposed facility, and address other objections to the proposed facility; and develop a comprehensive view of how the proposed facility and any suggested alternatives thereto will affect the long-range energy plans and economic development of the State and otherwise promote the public interest. Notice of each public hearing shall be published in a newspaper of general circulation in the region where the hearing is to be held, and in any other newspapers of general circulation which the [commissioner] director determines appropriate to reach the greatest possible number of affected citizens.
During the early assessment stage, the [department] division shall publish, in a manner designed to reach the maximum number of affected people, interim reports on the progress of its analysis of the proposed facility. No later than 9 months after receipt of a notice of intent, the [department] division shall publish a comprehensive report presenting its preliminary assessment concerning the proposed facility. The report shall address the major concerns expressed during the early assessment stage, and compare the proposed facility with feasible alternatives thereto.
(cf: P.L.1983, c.115, s.5)
35. Section 6 of P.L.1983, c.115 (C.48:7-21) is amended to read as follows:
6. A certificate of need shall be issued only if the [commissioner] director determines that the proposed facility is necessary to meet the projected need for electricity in the area to be served, and that no more efficient, economical, or environmentally sound alternative is available. The [commissioner] director shall make these determinations only if he finds that:
a. The probable result of denial of a certificate of need would adversely affect the future adequacy, reliability, or efficiency of the electric energy supply to the public utility's customers, or to the people of New Jersey, taking into account:
(1) The accuracy of the public utility's demand forecast for the level of electric energy that would be supplied by the proposed facility;
(2) The probable effects of existing or prospective State and federal conservation programs;
(3) The effect of promotional practices of the public utility which may have given rise to the demand for this facility;
(4) The ability of current and planned facilities not requiring certificates of need, and to which the public utility has access, to meet the future demand; and
(5) The effect of the proposed facility in making efficient use of resources.
b. The consequences of issuing the certificate of need outweigh the consequences of denying the certificate, taking into account:
(1) The relationship of the proposed facility to overall State energy needs as determined by the State Energy Master Plan adopted pursuant to the "Department of Energy Act," P.L.1977, c.146 (C.52:27F-1 et seq.);
(2) The role of the proposed facility in inducing future development; and
(3) The socially beneficial uses of the output of the proposed facility, including its uses to protect or enhance environmental quality.
c. There is not a more reasonable and prudent alternative to the proposed facility, taking into account:
(1) The appropriateness of the size, type, and timing of the proposed facility compared to those of reasonable alternatives;
(2) The cost of the proposed facility and the cost of electric energy to be supplied by the proposed facility compared to the costs of reasonable alternatives and the cost of electric energy that would be supplied by reasonable alternatives;
(3) The impact of the proposed facility upon the social, economic, and health environments compared to the impact of reasonable alternatives; and
(4) The expected reliability of the proposed facility compared to the expected reliability of reasonable alternatives.
d. The design, construction, and operation of the proposed facility would comply with all relevant State and federal laws, rules, regulations and policies.
(cf: P.L.1983, c.115, s.6)
36. Section 7 of P.L.1983, c.115 (C.48:7-22) is amended to read as follows:
7. a. Application for a certificate of need shall be made to the [department] division, and shall be in such form and contain such information as the [department] division may prescribe. The [department] division may charge and collect a non-returnable fee of not more than $250,000[.00] for the filing, processing, and review of an application for a certificate of need. This fee shall cover the costs of the [department's] division's review of applications for a renewal of a certificate of need.
b. Upon receipt of a completed application, the [department] division shall forward copies thereof to the board and to other appropriate State departments, agencies and instrumentalities for their review. These departments, agencies, and instrumentalities shall provide adequate mechanisms for full consideration of these applications, and for developing recommendations thereon. These recommendations shall be forwarded to the [commissioner] director and to the applicant within 120 days of the date of referral. Recommendations concerning certificates of need shall be governed and based upon the principles and criteria set forth in section 6 of [this act] P.L.1983, c.115 (C.48:7-21).
(cf: P.L.1983, c.115, s.7)
37. Section 8 of P.L.1983, c.115 (C.48:7-23) is amended to read as follows:
8. a. Upon receipt of a completed application for a certificate of need, the [department] division shall transmit the application and all supporting documents, including the [department's] division's early assessment report, to the Office of Administrative Law, which shall conduct a hearing on the application pursuant to the provisions of P.L.1978, c.67 (C.52:14F-1 et seq.). This hearing shall be an adjudicatory proceeding, and shall be conducted as a contested case pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The Division of Rate Counsel in the Department of the Public Advocate shall be deemed to be a party of interest in this proceeding and the Division of Rate Counsel shall be entitled to assess the applicant utility in the manner set forth in section 20 of P.L.1974, c.27 (C.52:27E-19). Intervention in this hearing by any other person shall be as provided in the "Administrative Procedure Act."
b. The provisions of the "Administrative Procedure Act" to the contrary notwithstanding, within 6 months of receipt of the decision of the presiding administrative law judge, the [department] division shall approve, conditionally approve, or deny the application. The [department] division shall base its decision on the criteria set forth in section 6 of [this act] P.L.1983, c.115 (C.48:7-21), and shall support its decision with a written report. The report shall address the issues raised and arguments advanced in the materials and information compiled during the early assessment stage, in the [department's] division's preliminary assessment report, in the materials and information developed by State agencies, departments, and instrumentalities, in the analyses of outside consultants retained by the department, in the record of the adjudicatory proceeding conducted by the administrative law judge, and in the written decision of the presiding administrative law judge.
c. In the case of a conditional approval of an application, the [department] division shall provide the applicant utility with a clear statement of the conditions to be met, including any modifications in the proposed electric facility.
d. The provisions of any law, rule or regulation to the contrary notwithstanding, the [department's] division's action on an application shall be considered the final agency action thereon for the purposes of the "Administrative Procedure Act," and shall be subject only to judicial review as provided in the Rules of Court.
(cf: P.L.1983, c.115, s.8)
38. Section 9 of P.L.1983, c.115 (C.48:7-24) is amended to read as follows:
9. A certificate of need shall be valid for 3 years, and shall be renewable subject to review by the [commissioner] director; provided, however, that no renewal shall be denied without the approval of the board. In the event that the [commissioner] director and the board cannot agree on any renewal decision, a designee of the Governor shall arbitrate the matter, and his decision shall be binding. If any renewal is denied, the holder of the certificate shall have the option of continuing the project, or to terminate or alter the project under terms and conditions, established by the division, which equitably balance the interests of the stockholders, the ratepayers, and the public utility.
(cf: P.L.1983, c.115, s.9)
39. Section 10 of P.L.1983, c.115 (C.48:7-25) is amended to read as follows:
10. The [department shall, within 90 days of the effective date of this act and] division shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations necessary to carry out the provisions of sections 1 through 9 of [this act] P.L.1983, c.115 (C.48:7-21).
(cf: P.L.1983, c.115, s.10)
40. Section 6 of P.L.1970, c.40 (C.48:13A-5) is amended to read as follows:
6. a. The [Board of Public Utilities] Department of Environmental Protection may, by order in writing, when it finds that the public interest requires, award a franchise to any person or persons engaged in solid waste disposal at rates and charges published in tariffs or contracts accepted or to be accepted for filing by the [board] department; provided, however, that the proposed franchise for solid waste disposal conforms to the district solid waste management plan of the district or districts in which such service is to be located, as such plan shall have been approved by the Department of Environmental Protection.
b. Franchises awarded pursuant to this section shall be of sufficient area and duration to support the estimated technical and economic needs of the disposal facility which is to serve the district or districts.
c. For the purposes of this section, "franchise" shall mean the exclusive right to control and provide for the disposal of solid waste, except for recyclable material whenever markets for those materials are available, within a district or districts as awarded by the [Board of Public Utilities] Department of Environmental Protection.
d. In no event shall the [board] department award a franchise to any person required to be listed in the disclosure statement, or otherwise shown to have a beneficial interest in the business of the applicant, permittee or the licensee as defined in section 2 of P.L.1983, c.392 (C.13:1E-127), if the [board] department determines that there is a reasonable suspicion to believe that the person does not possess a reputation for good character, honesty and integrity, and that person or the applicant, permittee or licensee fails, by clear and convincing evidence, to establish his reputation for good character, honesty and integrity.
e. Nothing in section 11 of P.L.1970, c.40 (C.48:13A-10) shall be interpreted to prevent the implementation of this section by the [Board of Public Utilities] Department of Environmental Protection.
(cf: P.L.1991, c.269, s.11)
41. Section 2 of P.L.1990, c.113, (C.48:13A-6.2) is amended to read as follows:
2. a. The provisions of P.L.1957, c.183 (C.40:14B-1 et seq.), P.L.1985, c.38 (C.13:1E-136 et al.) or any other law, or any rules and regulations adopted pursuant thereto to the contrary notwithstanding, any transfer station constructed or operated in this State shall be deemed a public utility and shall be subject to the rate regulation and continuing jurisdiction of the [Board of Public Utilities] Department of Environmental Protection. No transfer station shall commence or continue solid waste transfer operations and no person may own or operate a transfer station in this State unless the person has:
(1) filed a registration statement and engineering design application and obtained approval thereof from the Department of Environmental Protection as required by section 5 of P.L.1970, c.39 (C.13:1E-5);
(2) obtained a certificate of public convenience and necessity from the [Board of Public Utilities] Department of Environmental Protection as required by section 7 of P.L.1970, c.40 (C.48:13A-6); and
(3) filed an initial tariff or lawfully negotiated contract for solid waste transfer operations and obtained approval thereof from the [Board of Public Utilities] Department of Environmental Protection, which tariff or contract shall include the formulas to be used to determine the charges, rates, or fees to be charged for the utilization of the transfer station, and the methodology or methodologies used to develop these formulas.
b. It shall remain the continuing responsibility of the owner or operator of every transfer station to file a revised tariff, or any proposed revisions to a lawfully negotiated contract for solid waste transfer operations, and obtain approval thereof from the [Board of Public Utilities] Department of Environmental Protection, whenever the owner or operator of a transfer station seeks to adjust the charges, rates, or fees charged for the utilization of the transfer station.
c. No adjustment to the charges, rates, or fees charged for the utilization of any transfer station operated in this State shall take effect prior to the approval thereof by the [Board of Public Utilities] Department of Environmental Protection.
(cf: P.L.1990, c.113, s.2)
42. Section 1 of P.L.1991, c.35, (C.48:13A-6.3) is amended to read as follows:
1. a. The [Board of Public Utilities] Department of Environmental Protection may, in accordance with the provisions of P.L.1970, c.40 (C.48:13A-1 et seq.) and upon receipt of a petition therefor, issue an appropriate order increasing current tariffs established pursuant to law for the solid waste disposal operations of a publicly owned or operated solid waste facility subject to its jurisdiction as may be necessary to recover the costs associated with implementing a district solid waste management plan required pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) or a district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13). These costs shall include, but need not be limited to:
(1) Capital expenditures reasonably incurred for the construction of a recycling center as defined in section 2 of P.L.1987, c.102 (C.13:1E-99.12);
(2) Expenditures for the collection, processing, disposition or marketing of recyclable materials as defined in section 2 of P.L.1987, c.102 (C.13:1E-99.12); or
(3) Expenditures for the disposal of nonrecyclable household hazardous waste recovered from the municipal solid waste stream.
b. [For the purposes of this section, all municipal, county, and State contracts for solid waste collection or disposal shall be considered tariffs for solid waste collection, and shall be subject to any adjustment of tariffs resulting from the provisions of subsection a. of this section.
c. In issuing any order pursuant to this section, the Board of Public Utilities shall be exempt from the provisions of R.S.48:2-21.]
For the purposes of this section, "household hazardous waste" means any solid or other waste determined by the Department of Environmental Protection to be hazardous pursuant to section 6 of P.L.1970, c.39 (C.13:1E-6) or any other law, containing reactive, combustible, corrosive or toxic substances, including pesticides and herbicides, which waste is generated by residential units; and "municipal solid waste stream" means all residential, commercial and institutional solid waste generated within the boundaries of any municipality.
(cf: P.L.1991, c.35, s.1)
43. Section 10 of P.L.1970, c.40 (C.48:13A-9) is amended to read as follows:
10. The [board, on its own initiative or upon complaint by the] Department of Environmental Protection shall revoke or suspend the certificate of public convenience and necessity issued to any person engaged in the solid waste collection business or the solid waste disposal business upon the finding that such person:
a. Has violated any provision of P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C. ), or any rule, regulation or administrative order adopted or issued pursuant thereto; or
b. Has violated any provision of any laws related to pollution of the air, water or lands of this State; or
c. Has refused or failed to comply with any lawful order of the [board] department; or
d. Has had its registration revoked by the [Department of Environmental Protection] department; or
e. Has been denied approval of a license under the provisions of P.L.1983, c.392 (C.13:1E-126 et seq.), or has had its license revoked by the [Department of Environmental Protection] department, as the case may be.
(cf: P.L.1991, c.381, s.31)
44. Section 12 of P.L.1970, c.40 (C.48:13A-11) is amended to read as follows:
12. a. The [board] department may compel the attendance of witnesses and the production of tariffs, contracts, papers, books, accounts and all the documents necessary to enable the [board] department to administer its duties as prescribed by law and this act.
b. The [board] department may compel any person engaged in the business of solid waste collection or solid waste disposal or otherwise providing solid waste collection or transfer, transportation or disposal services in this State to furnish and file with the [board] department any annual reports, federal or State tax returns, contracts, papers, books, accounts, customer lists, financial or operational information, or contracts, books, accounts and records of affiliated business concerns, including any affiliated or parent corporation or organization, or any wholly or partially owned subsidiary thereof, directly or indirectly involved therewith, or having a direct or indirect financial interest in the solid waste disposal services provided by that person, and all financial transactions between these parties related to the solid waste disposal services provided by that person, or other documents as may be necessary to enable the [board] department to administer its duties as prescribed by law and this act.
c. Should any person engaged in the business of solid waste collection or solid waste disposal or otherwise providing solid waste collection or transfer, transportation or disposal services fail or refuse to comply with any provision of this section, or any applicable provision of Title 48 of the Revised Statutes, the [board] department may revoke or suspend the certificate of public convenience and necessity issued to that person.
(cf: P.L.1991, c.381, s.33)
45. Section 12 of P.L.1970, c.33 (C.13:1D-9) is amended to read as follows:
12. The department shall formulate comprehensive policies for the conservation of the natural resources of the State, the promotion of environmental protection and the prevention of pollution of the environment of the State. The department shall in addition to the powers and duties vested in it by this act or by any other law have the power to:
a. Conduct and supervise research programs for the purpose of determining the causes, effects and hazards to the environment and its ecology;
b. Conduct and supervise Statewide programs of education, including the preparation and distribution of information relating to conservation, environmental protection and ecology;
c. Require the registration of persons engaged in operations which may result in pollution of the environment and the filing of reports by them containing such information as the department may prescribe to be filed relative to pollution of the environment, all in accordance with applicable codes, rules or regulations established by the department;
d. Enter and inspect any building or place for the purpose of investigating an actual or suspected source of pollution of the environment and ascertaining compliance or noncompliance with any codes, rules and regulations of the department. Any information relating to secret processes concerning methods of manufacture or production, obtained in the course of such inspection, investigation or determination, shall be kept confidential, except this information shall be available to the department for use, when relevant, in any administrative or judicial proceedings undertaken to administer, implement, and enforce State environmental law, but shall remain subject only to those confidentiality protections otherwise afforded by federal law and by the specific State environmental laws and regulations that the department is administering, implementing and enforcing in that particular case or instance. In addition, this information shall be available upon request to the United States Government for use in administering, implementing, and enforcing federal environmental law, but shall remain subject to the confidentiality protection afforded by federal law. If samples are taken for analysis, a duplicate of the analytical report shall be furnished promptly to the person suspected of causing pollution of the environment;
e. Receive or initiate complaints of pollution of the environment, including thermal pollution, hold hearings in connection therewith and institute legal proceedings for the prevention of pollution of the environment and abatement of nuisances in connection therewith and shall have the authority to seek and obtain injunctive relief and the recovery of fines and penalties in summary proceedings in the Superior Court;
f. Prepare, administer and supervise Statewide, regional and local programs of conservation and environmental protection, giving due regard for the ecology of the varied areas of the State and the relationship thereof to the environment, and in connection therewith prepare and make available to appropriate agencies in the State technical information concerning conservation and environmental protection, cooperate with the Commissioner of Health in the preparation and distribution of environmental protection and health bulletins for the purpose of educating the public, and cooperate with the Commissioner of Health in the preparation of a program of environmental protection;
g. Encourage, direct and aid in coordinating State, regional and local plans and programs concerning conservation and environmental protection in accordance with a unified Statewide plan which shall be formulated, approved and supervised by the department. In reviewing such plans and programs and in determining conditions under which such plans may be approved, the department shall give due consideration to the development of a comprehensive ecological and environmental plan in order to be assured insofar as is practicable that all proposed plans and programs shall conform to reasonably contemplated conservation and environmental protection plans for the State and the varied areas thereof;
h. Administer or supervise programs of conservation and environmental protection, prescribe the minimum qualifications of all persons engaged in official environmental protection work, and encourage and aid in coordinating local environmental protection services;
i. Establish and maintain adequate bacteriological, radiological and chemical laboratories with such expert assistance and such facilities as are necessary for routine examinations and analyses, and for original investigations and research in matters affecting the environment and ecology;
j. Administer or supervise a program of industrial planning for environmental protection; encourage industrial plants in the State to undertake environmental and ecological engineering programs; and cooperate with the State Departments of Health, Labor, and Commerce and Economic Development in formulating rules and regulations concerning industrial sanitary conditions;
k. Supervise sanitary engineering facilities and projects within the State, authority for which is now or may hereafter be vested by law in the department, and shall, in the exercise of such supervision, make and enforce rules and regulations concerning plans and specifications, or either, for the construction, improvement, alteration or operation of all public water supplies, all public bathing places, landfill operations and of sewerage systems and disposal plants for treatment of sewage, wastes and other deleterious matter, liquid, solid or gaseous, require all such plans or specifications, or either, to be first approved by it before any work thereunder shall be commenced, inspect all such projects during the progress thereof and enforce compliance with such approved plans and specifications;
l. Undertake programs of research and development for the purpose of determining the most efficient, sanitary and economical ways of collecting, disposing, utilizing or [utilizing] recycling of solid waste;
m. [Construct and operate, on an experimental basis, incinerators or other facilities for the disposal of solid waste, provide the various municipalities and counties of this State, the Board of Public Utilities, and the Division of Local Government Services in the Department of Community Affairs with statistical data on costs and methods of solid waste collection, disposal and utilization;] Provide the various municipalities and counties of this State and the Division of Local Government Services in the Department of Community Affairs with statistical data on costs and methods of solid waste collection, disposal, utilization and recycling;
n. Enforce the State air pollution, water pollution, conservation, environmental protection, solid and hazardous waste [and refuse disposal] management laws, rules and regulations, including the making and signing of a complaint and summons for their violation by serving the summons upon the violator and thereafter filing the complaint promptly with a court having jurisdiction;
o. [Acquire by purchase, grant, contract or condemnation, title to real property, for the purpose of demonstrating new methods and techniques for the collection or disposal of solid waste;] (deleted by amendment, P.L. , c. )
p. Purchase, operate and maintain, pursuant to the provisions of this act, any facility, site, laboratory, equipment or machinery necessary to the performance of its duties pursuant to this act;
q. Contract with any other public agency or corporation incorporated under the laws of this or any other state for the performance of any function under this act;
r. With the approval of the Governor, cooperate with, apply for, receive and expend funds from, the federal government, the State Government, or any county or municipal government or from any public or private sources for any of the objects of this act;
s. Make annual and such other reports as it may deem proper to the Governor and the Legislature, evaluating the demonstrations conducted during each calendar year;
t. Keep complete and accurate minutes of all hearings held before the commissioner or any member of the department pursuant to the provisions of this act. All such minutes shall be retained in a permanent record, and shall be available for public inspection at all times during the office hours of the department;
u. Require any person subject to a lawful order of the department, which provides for a period of time during which such person subject to the order is permitted to correct a violation, to post a performance bond or other security with the department in such form and amount as shall be determined by the department. Such bond need not be for the full amount of the estimated cost to correct the violation but may be in such amount as will tend to insure good faith compliance with said order. The department shall not require such a bond or security from any public body, agency or authority. In the event of a failure to meet the schedule prescribed by the department, the sum named in the bond or other security shall be forfeited unless the department shall find that the failure is excusable in whole or in part for good cause shown, in which case the department shall determine what amount of said bond or security, if any, is a reasonable forfeiture under the circumstances. Any amount so forfeited shall be utilized by the department for the correction of the violation or violations, or for any other action required to insure compliance with the order.
(cf: P.L.1984, c.5, s.1)
46. Section 1 of P.L.1984, c.221 (C.13:1E-5.3) is amended to read as follows:
1. a. Notwithstanding the provisions of any law, rule or regulation to the contrary, the Commissioner of the Department of Environmental Protection shall not approve a registration statement and engineering design which authorizes a sanitary landfill facility located on the property of any State college whose charter was filed prior to 1920 to receive municipal waste, as defined by the Department of Environmental Protection pursuant to rule or regulation. For the purposes of this act, "sanitary landfill facility" means a solid waste facility at which solid waste is deposited on or in the land as fill for the purpose of permanent disposal or storage for a period exceeding six months, but shall not include a facility engaged in composting vegetative waste.
b. Any existing contract right or regulatory approval to operate a sanitary landfill facility on the property of a State college not otherwise terminated in accordance with law shall, upon the effective date of this act, be void and the State Treasurer, after review of all records and documents in the possession of the current holder of the approved registration statement and engineering design which the treasurer deems necessary for making his determination, and upon the advice and consent of the Department of Environmental Protection [and the Board of Public Utilities] shall, within 60 days of the effective date of this act, determine an amount which would fairly and properly reimburse the current holder of the certificate of approved registration statement and engineering design for all verifiable and reasonable expenses directly related to the maintenance of the certificate of approved registration statement and engineering design and its rescission, plus interest on the amount of these expenses. The interest shall be calculated from the date upon which payment of these expenses was made. The rate of interest shall be at the rates provided by the Rules Governing the Courts of the State of New Jersey for the applicable period of time.
c. The amount determined fair and properly payable by the treasurer shall be paid to the current holder of the certificate of approved registration statement and engineering design upon an appropriation in that amount and for that purpose being made by the Legislature to the State college on whose property the sanitary landfill is located. However, by this action the State college and the State shall in no way incur liability for third party obligations which are or shall become the responsibility of the current holder of the certificate of approved registration statement and engineering design.
d. If the current holder of the certificate of approved registration statement and engineering design does not agree that the amount determined by the treasurer constitutes full reimbursement for all these expenses and files with the treasurer a letter containing the reasons therefor within 10 days of the treasurer's determination, the treasurer, within five days of the receipt of that letter, shall submit all records and documents relevant to the matter to the Office of Administrative Law which, within 30 days of receiving these records and documents, shall commence a hearing to be conducted as a contested case pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), and P.L.1978, c.67 (C.52:14F-1 et seq.).
e. Notwithstanding the provisions of section 10 of P.L.1968, c.410 (C.52:14B-10) to the contrary, within 15 days of the receipt of the recommendations of the administrative law judge, the treasurer shall adopt, reject, or modify the recommendations. The final decision of the treasurer is considered the final agency action thereon for the purposes of the "Administrative Procedure Act" and is subject only to judicial review as provided in the Rules of Court.
(cf: P.L.1984, c.221, s.1)
47. Section 6 of P.L.1970, c.39 (C.13:1E-6) is amended to read as follows:
6. a. The department shall[, in addition to such other powers as it may possess by law]:
(1) Undertake a program of research and development for the purpose of determining the most efficient, sanitary, environmentally-sound and economical way of collecting, disposing [and], utilizing ,composting or recycling solid waste.
(2) Formulate and [promulgate] adopt, amend and repeal codes, rules and regulations concerning solid waste collection and solid waste disposal activities. [Such] These codes, rules and regulations shall establish the procedures relating to the preparation and submission of environmental impact statements prior to the construction, acquisition, or operation of any solid waste facility, and shall establish standards for the construction and operation of solid waste facilities, which standards shall include, but need not be limited to, provisions requiring: the maintenance of ground water quality monitoring wells to check water pollution; periodic monitoring of water quality by chemical analysis; measures to monitor methane gas production at sanitary landfills; plans for erosion control; revegetation procedures and plans for the maintenance, upkeep, and reuse of any sanitary landfill facility site; adequate cover material; safety measures; rodent, insect, bird, dust, fire and odor control programs; and such other measures as shall be deemed necessary to protect the public health and safety and the natural environment.
All codes, rules and regulations heretofore adopted by the Public Health Council relating to refuse disposal shall continue in full force and effect and be enforceable by the department, subject to its power as herein provided to amend or repeal the same.
(3) Develop, formulate, [promulgate] adopt and review for the purpose of revising or updating not less than once every 2 years, a Statewide solid waste management plan which shall [encourage the maximum practicable use of resource recovery procedures] encourage the maximum practicable use of source reduction, composting, source separation and recycling techniques, resource recovery procedures or landfilling technologies, and which shall provide the objectives, criteria and standards for the evaluation of district solid waste management plans prepared pursuant to the provisions of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.) for solid waste management districts in this State; and to the extent practicable, encourage and assist in the development and formulation of [such] district solid waste management plans and guidelines to implement such plans. [Such objectives, criteria and standards shall be promulgated within 180 days of the effective date of this act; provided, however, that general guidelines sufficient to initiate the solid waste management planning process by solid waste management districts in this State shall be promulgated within 30 days of the effective date of this act.]In the development and formulation of the Statewide solid waste management plan the department shall consult with relevant agencies and instrumentalities of the Federal Government, and the aforesaid objectives, criteria and standards provided by said Statewide solid waste management plan shall conform, to the extent practicable, or as may be required, to the provisions of any Federal law concerning such objectives, criteria and standards.
(4) Make an annual report to the Governor and the Legislature evaluating the operation of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.), including any recommendations deemed necessary by the department to better effectuate the purposes hereof.
b. The department may, in addition:
(1) Order any district, pursuant to the Statewide solid waste management plan, the objectives, criteria and standards contained therein, the environmental and economic studies conducted by the department therefor and in a manner designed to enhance the environment within the concerned districts[,]:
(a) to plan for the construction of resource recovery facilities[,];
(b) to specify what processes should be utilized therein[,];
(c) to develop a joint program with one or more [adjacent] districts for providing resource recovery facilities[, and]; or
(d) for those districts affected by the guarantee provided in section 9.1 of P.L.1968, c.404[, s.9.1] (C.13:17-10), to cooperate on a continuing basis with the department and with the other districts so affected in the development of a combined approach to solid waste management in northeastern New Jersey and make the final determination in the event of any overlap or conflict between the Hackensack Commission and any board of chosen freeholders pursuant to their respective responsibilities under [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.) or pursuant to the Hackensack Commission's responsibilities under P.L.1968, c.404 (C.13:17-1 et seq.)[.];
(2) Acquire, by purchase, grant, contract or condemnation, title to real property, for the purpose of demonstrating new methods and techniques for the collection, disposal [and] ,utilization ,composting or recycling of solid waste;
(3) Purchase, operate and maintain, pursuant to the provisions of this act, any facility, site, laboratory equipment or machinery necessary to the performance of its duties pursuant to this act;
(4) Apply for, receive and expend funds from any public or private source; or
(5) Contract with any other public agency, including a local board of health or county [and municipal boards of] health department, or corporation incorporated under the laws of this or any other state for the performance of any function under this act. Any such contract with a local board of health or county [or municipal board of] health department may provide for the inspection and monitoring of solid waste facilities; the enforcement of the department's standards therefor; and the training of county or [municipal] local health officers engaged in such inspection, monitoring or enforcement[;
(6) Make grants to assist in experimenting with new methods of solid waste collection, disposal, or utilization, pursuant to the provisions of sections 21 through 25 of this amendatory and supplementary act;
(7) Construct and operate, on an experimental basis, incinerators or other facilities for the disposal or utilization of solid waste, to provide the various municipalities and counties of this State, the Board of Public Utility Commissioners, the Hackensack Commission, and the Division of Local Government Services in the Department of Community Affairs with statistical data on costs and methods of solid waste collection and disposal;
(8) Make annual and such other reports as it may deem proper to the Governor and the Legislature evaluating the demonstrations and experiments conducted during each calendar year].
(cf: P.L.1975, c.326, s.7)
48. Section 7 of P.L.1970, c.39 (C.13:1E-7) is amended to read as follows:
7. a. There is hereby created in the department an Advisory Council on Solid Waste Management which shall consist of [14] 13 members, [four] three of whom shall be [the President of the Board of Public Utilities,]the Commissioner of Community Affairs, the Secretary of Agriculture and the Commissioner of Health, or their designees, who shall serve ex officio, and ten citizens of the State, four of whom shall be actively engaged in the solid waste collection, recycling or solid waste disposal industries, of whom one shall be a representative of the Institute for Scrap Recycling Industries who shall represent the scrap recycling or processing industry in the State, two health professionals of whom one shall be a representative of the New Jersey Hospital Association and the other a licensed practitioner selected from the medical or dental communities in the State who shall represent the regulated medical waste generators in the State, and four of whom shall be representing the general public to be appointed by the Governor, with the advice and consent of the Senate. The Governor shall designate a chairman and vice chairman of the council from the public members who shall serve at the will of the Governor.
b. All public members shall be appointed for terms of 4 years. All appointed members shall serve after the expiration of their terms until their respective successors are appointed and shall qualify, and any vacancy occurring in the appointed membership of the council by expiration of term or otherwise, shall be filled in the same manner as the original appointment for the unexpired term only, notwithstanding that the previous incumbent may have held over and continued in office as aforesaid.
c. Members of the council shall serve without compensation but shall be reimbursed for expenses actually incurred in attending meetings of the council and in performance of their duties as members thereof.
(cf: P.L.1991, c.292, s.1)
49. Section 2 of P.L.1989, c.118 (C.13:1E-9.3) is amended to read as follows:
2. a. No person shall, regardless of intent, engage, or be permitted to engage, in the collection or disposal of solid waste in excess of 0.148 cubic yards of solids or 30 United States gallons of liquids, whether for profit or otherwise, except at a disposal site or any other place which has authorization from the Department of Environmental Protection [or the Board of Public Utilities] to accept solid waste.
b. No person shall, regardless of intent, transport or cause or permit to be transported any solid waste in excess of 0.148 cubic yards of solids or 30 United States gallons of liquids, whether for profit or otherwise, to a disposal site or any other place which does not have authorization from the Department of Environmental Protection [or the Board of Public Utilities] to accept solid waste.
c. The provisions of this section shall be enforced by the Department of Environmental Protection [or the Board of Public Utilities] and by every municipality, local board of health, or county health department, as the case may be.
(cf: P.L.1989, c.118, s.2)
50. Section 15 of P.L.1975, c.326 (C.13:1E-24) is amended to read as follows:
15. a. Upon receipt by the commissioner of a district solid waste management plan adopted in its entirety, and a copy of the transcript of every public hearing held thereon, as required pursuant to section 14 of [this amendatory and supplementary act] P.L.1975, c.326 (C.13:1E-23), [he] the commissioner shall:
(1) Study and review the district solid waste management plan according to the objectives, criteria and standards developed in the Statewide solid waste management plan developed and formulated by the department pursuant to the provisions of section 6 of [the act to which this act is amendatory and supplementary] P.L.1970, c.39 (C.13:1E-6); and
(2) Submit a copy of said plan for review and recommendations to the Advisory Council on Solid Waste Management in the department, and to the agencies, bureaus and divisions within the department concerned with, or responsible for, environmental quality, including, but not limited to, the [Bureau] Division of Solid Waste Management, Bureau of Air Pollution Control, Bureau of Geology, and the Bureau of Water Pollution Control, or their successors[; and
(3) Submit a copy of said plan to the Board of Public Utility Commissioners for review and recommendations on the economic aspect of the plan].
b. After completing [his] the study and review of the district solid waste management plan, and upon receipt of the recommendations thereon provided for in subsection a. (2) of this section, if any, but in no event later than 150 days after [his] the receipt of said plan, the commissioner shall determine whether to approve, modify, or reject [any such] the district solid waste management plan, and shall certify such determination to the board of chosen freeholders or to the Hackensack Commission, as the case may be, which submitted [such] the plan.
c. If the commissioner determines to approve [any] a district solid waste management plan, or if the commissioner has made no determination within 150 days after [his] the receipt of [any such] the plan, the board of chosen freeholders or the Hackensack Commission, as the case may be, shall proceed, pursuant to the requirements of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.), to implement [such] the district solid waste management plan in the relevant solid waste management district.
d. If the commissioner determines to modify or reject any district solid waste management plan, or any part thereof, the certification required of [him herein] the commissioner shall be accompanied by a detailed statement prepared by the commissioner indicating the reasons for any modification or rejection, and outlining the action to be taken thereon. In outlining such action the commissioner shall direct the board of chosen freeholders or the Hackensack Commission, as the case may be, to make any modification in, or replace any rejected part of, a district solid waste management plan, either with or without holding another public hearing in the solid waste management district. Such direction shall be based upon the commissioner's determination, in his discretion, that such modification, or the part rejected, is or is not minor, and that such modification or replacement may or may not be made without substantially modifying or altering other aspects of the district solid waste management plan; provided, however, that a public hearing shall be required upon a rejection by the commissioner of any district solid waste management plan in its entirety.
e. (1) If the commissioner directs the holding of another public hearing in the solid waste management district, such hearing shall be held within 45 days after such direction and shall be conducted pursuant to the procedures contained in section 14 of [this amendatory and supplementary act] P.L.1975, c.326 (C.13:1E-23) for the conduct of public hearings held prior to the adoption of district solid waste management plans. Following any such public hearing on any modification to, or replacement of, any district solid waste management plan, or any part thereof, the board of chosen freeholders or the Hackensack Commission, as the case may be, holding same shall formally adopt a modification to, or replacement of, the district solid waste management plan, or any part thereof, and shall submit same to the commissioner within the time limit set by the commissioner in the public hearing order.
(2) If the commissioner directs that the modification or replacement may be made without the holding of another public hearing, the board of chosen freeholders or the Hackensack Commission, as the case may be, shall have 45 days after such direction within which to adopt any such modification or replacement, and to submit same to the commissioner.
f. The commissioner shall have 30 days from the date of receipt of any submission under subsection e. herein to approve such modification or replacement or to reject same, and [he] the commissioner shall certify such approval or rejection to the board of chosen freeholders or the Hackensack Commission, as the case may be, which submitted same. If the commissioner approves such modification or replacement, or if the commissioner has made no such certification within 30 days after [his] the receipt thereof, the board of chosen freeholders or the Hackensack Commission, as the case may be, shall proceed, pursuant to the requirements of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.), to implement the district solid waste management plan in the relevant solid waste management district. Upon a rejection of any modification or replacement submitted to [him] the commissioner pursuant to this section, or upon the failure of a board of chosen freeholders or the Hackensack Commission, as the case may be, to submit any modification or replacement as required herein, the commissioner shall have the power to adopt and promulgate any modification or replacement [he] the commissioner deems necessary with respect to the district solid waste management plan, and upon the certification of the commissioner, the board of chosen freeholders or the Hackensack Commission, as the case may be, shall proceed, pursuant to the requirements of [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.), to implement the district solid waste management plan in the relevant solid waste management district with the modifications or replacements adopted by the commissioner.
g. The commissioner shall maintain on file in the department a copy of [the Statewide] every district solid waste management plan developed proved pursuant to [this amendatory and supplementary act] P.L.1970, c.39 (C.13:1E-1 et seq.), and a copy of the Statewide solid waste management plan developed and formulated by the department pursuant to section 6 of P.L.1970, c.39 (C.13:1E-6). [Such] These plans are hereby declared to be public records and shall be subject to all the provisions of P.L.1963, c.73 (C.47:1A-1 et seq.) concerning such public records.
(cf: P.L.1975, c.326, s.15)
51. Section 18 of P.L.1975, c.326 (C.13:1E-27) is amended to read as follows:
18. Any solid waste facility constructed, acquired or operated pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) shall be deemed a public utility and shall be subject to such rules and regulations as may be adopted by the [Board of Public Utilities] department in accordance with the provisions of the "Solid Waste Utility Control Act," P.L.1970, c.40 (C.48:13A-1 et seq.) and P.L.1991, c.381 (C.48:13A-7.1 et al.).
(cf: P.L.1991, c.381, s.38)
52. Section 19 of P.L.1975, c.326 (C.13:1E-28) is amended to read as follows:
19. a. Any municipality within which a sanitary landfill facility is located pursuant to an adopted and approved district solid waste management plan shall be entitled to an annual economic benefit not less than the equivalent of $1.00 per ton of solids on all solid waste accepted for disposal at the sanitary landfill facility during the previous calendar year as determined by the department.
The owner or operator of the sanitary landfill facility shall annually pay to the relevant municipality the full amount due under this subsection and each relevant municipality is empowered to anticipate this amount for the purposes of preparing its annual budget. For the purposes of calculating the payments, the owner or operator of the sanitary landfill facility may, subject to the prior agreement of the relevant municipality and the approval of the [Board of Public Utilities] department, provide the municipality with any of the following benefits in consideration for the use of land within its municipal boundaries as the location of a sanitary landfill facility:
(1) The receipt of annual sums of money in lieu of taxes on the land used for the sanitary landfill facility;
(2) The exemption from all fees and charges for the disposal of solid waste generated within its boundaries;
(3) The receipt of a lump sum cash payment; or
(4) Any combination thereof.
b. Every owner or operator of a sanitary landfill facility required to make annual payments to a municipality pursuant to subsection a. of this section may petition the [Board of Public Utilities] department for an increase in its tariff which reflects these payments. The [board] department, within 60 days of the receipt of the petition, shall issue an appropriate order that these payments shall be passed along to the users of the sanitary landfill facility as an automatic surcharge on any tariff filed with, and recorded by, the [board] department for the solid waste disposal operations of the facility.
c. [ In issuing any order required by this section, the Board of Public Utilities shall be exempt from the provisions of R.S.48:2-21.](deleted by amendment, P.L. , c. )
(cf: P.L.1991, c.381, s.39)
53. Section 2 of P.L.1987, c.449 (C.13:1E-28.1) is amended to read as follows:
2. a. Any municipality within which a transfer station is located pursuant to an adopted and approved district solid waste management plan shall be entitled to an annual economic benefit to be paid or adjusted not less than quarterly in an amount established by agreement with the owner or operator of the transfer station or by order of the [Board of Public Utilities] department, but not less than the equivalent of $0.50 per ton of all solid waste accepted for transfer at the transfer station during the 1987 calendar year and each year thereafter.
The owner or operator of the transfer station shall, not less frequently than quarterly, pay to the relevant municipality the full amount due under this subsection and each relevant municipality is empowered to anticipate this amount for the purposes of preparing its annual budget. For the purposes of calculating the payments, the owner or operator of the transfer station may, subject to the prior agreement of the relevant municipality and the approval of the [Board of Public Utilities] department, provide the municipality with any of the following benefits in consideration for the use of land within its municipal boundaries as the location of a transfer station:
(1) The receipt of quarterly payments of annual sums of money in lieu of taxes on the land used for the transfer station;
(2) The exemption from all fees and charges for the acceptance for transfer of solid waste generated within its boundaries;
(3) The receipt of quarterly lump sum cash payments; or
(4) Any combination thereof.
b. Every owner or operator of a transfer station required to make payments not less frequently than quarterly to a municipality pursuant to subsection a. of this section may petition the [Board of Public Utilities] department for an increase in its tariff which reflects these payments. The [board] department, within 60 days of the receipt of the petition, shall issue an order that these payments shall be passed along to the users of the transfer station as an automatic surcharge on any tariff filed with, and recorded by, the [board] department for the solid waste disposal operations of the transfer station.
c. [ In issuing any order required by this section, the Board of Public Utilities shall be exempt from the provisions of R.S.48:2-21.]deleted by amendment, P.L. , c. )
(cf: P.L.1991, c.381, s.40)
54. Section 21 of P.L.1975, c.326 (C.13:1E-30) is amended to read as follows:
21. a. The commissioner may make, or contract to make, a State grant to any person engaged in solid waste collection, disposal or utilization activities, to assist said person in experimenting with new methods of solid waste collection, disposal or utilization, including but not limited to, material recycling and energy recovery demonstration projects, intermunicipal waste collection and disposal systems projects, and coordinated multiusage of terminated sanitary landfill disposal sites projects. Any person engaged in solid waste collection, disposal or utilization activities may apply to the commissioner for a State grant; provided, however, that the application has been approved by the board of chosen freeholders, or the Hackensack Commission, as the case may be, as in conformity with the adopted and approved district solid waste management plan of the solid waste management district within which the experimental project is to be undertaken. The applicant shall submit a copy of the plan for any solid waste collection, disposal or utilization experimental project for which a State grant is sought and such other detailed information concerning the project, including maps, data, plans, estimated costs, and method of financing, as the commissioner may require by rules and regulations [promulgated hereunder] adopted pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.). [At the request of the] The commissioner[, the Board of Public Utility Commissioners] may exempt any demonstration project from the provisions of P.L.1970, c.40[(C.4:13A-1 et seq.)](C.48:13A-1 et seq.).
b. The commissioner shall review and evaluate all applications submitted [to him] pursuant to subsection a. of this section, and shall establish such priorities for making grants pursuant to this [amendatory and supplementary act] section as shall give due regard to the degree to which the experimental project for which a State grant is sought will have a beneficial and long term effect on solid waste collection, disposal and utilization methods in this State.
(cf: P.L.1975, c.326, s.21)
55. Section 1 of P.L.1976, c.99 (C.13:1E-38) is amended to read as follows:
1. As used in this act[, the following words and phrases shall have the following meanings, unless the context clearly requires another meaning]:
a. "Bulk liquids" means liquid or semiliquid waste, including petroleum products, which is contained within, or is discharged from, any one vessel, tank or other container which has a capacity of 20 or more gallons;
b. "Chemical waste" means a material normally generated by or used in chemical, petrochemical, plastic, pharmaceutical, biochemical or microbiological manufacturing processes or petroleum refining processes, which has been selected for waste disposal and which is known to hydrolize, ionize or decompose, which is soluble, burns or oxidizes, or which may react with any of the waste materials which are introduced into the landfill, or which is buoyant on water, or which has a viscosity less than that of water or which produces a foul odor. Chemical waste may be either hazardous or nonhazardous.
c. "Hazardous waste" means any waste or any combination of waste which poses a present or potential threat to human health, living organisms or the environment. "Hazardous waste" shall include, but not be limited to, waste material that is toxic, corrosive, irritating, sensitizing, radioactive, biologically infectious, explosive or flammable;
d. "Leachate" is a liquid that has been in contact with solid waste and contains dissolved or suspended materials from that solid waste.
e. "Pesticide" means and includes any substance or mixture of substances labeled, designed, intended for or capable of use in preventing, destroying, repelling, sterilizing or mitigating any insects, rodents, nematodes, predatory animals, fungi, weeds and other forms of plant or animal life or viruses, except viruses on or in living man or other animals. "Pesticide" shall also include any substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.
f. "Commercial solid waste facility" means any solid waste facility operated for profit which accepts any solid waste generated from any other source and is subject to the [jurisdiction of the Board of Public Utilities pursuant to the] provisions of P.L.1970, c.40 (C.48:13A-1 et seq.).
(cf: P.L.1979, c.395, s.2)
56. Section 3 of P.L.1989, c.34 (C.13:1E-48.3) is amended to read as follows:
3. As used in sections 1 through 25 of [this act] P.L.1989, c.34 (C.13:1E-48.1 through 13:1E-48.25):
["Board" means the Board of Public Utilities.]
"Collection" means the activity related to pick-up and transportation of regulated medical waste from a generator, or from an intermediate location, to a facility, or to a site outside the State, for disposal.
"Commissioners" means the Commissioner of Environmental Protection and the Commissioner of Health.
"Departments" means the Department of Environmental Protection and the Department of Health.
"Dispose" or "disposal" means the storage, treatment, utilization, processing, resource recovery of, or the discharge, deposit, injection, dumping, spilling, leaking, or placing of any regulated medical waste into or on any land or water so that the regulated medical waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including groundwaters.
"Facility" means a solid waste facility as defined in section 3 of P.L.1970, c.39 (C.13:1E-3); or any other incinerator or commercial or noncommercial regulated medical waste disposal facility in this State that accepts regulated medical waste for disposal.
"Federal Act" means the "Medical Waste Tracking Act of 1988" (42 U.S.C. 6903 et seq.), or any rule or regulation adopted pursuant thereto.
"Generator" means an ambulatory surgical or care facility, community health center, medical doctor's office, dentist's office, podiatrists offices, home health care agencies, health care facility, hospital, medical clinic, morgue, nursing home, urgent care center, veterinary office or clinic, animal, biological, clinical, medical, microbiological, or pathological diagnostic or research laboratory, any of which generates regulated medical waste, or any other facility identified by the departments that generates regulated medical waste. "Generator" shall not include individual households utilizing home self-care.
"Regulated medical waste" means blood vials; cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures; pathological wastes, including tissues, organs, and body parts that are removed during surgery or autopsy; waste human blood and products of blood, including serum, plasma, and other blood components; sharps that have been used in patient care or in medical, research, or industrial laboratories engaged in medical research, testing, or analysis of diseases affecting the human body, including hypodermic needles, syringes, pasteur pipettes, broken glass, and scalpel blades; contaminated animal carcasses, body parts, and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals; any other substance or material related to the transmission of disease as may be deemed appropriate by the departments; and any other substance or material as may be required to be regulated by, or permitted to be exempted from, the Federal Act. The departments may adopt, by rule or regulation and pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), a more specific definition of regulated medical waste upon the expiration of the demonstration program established under the Federal Act.
"Noncommercial facility" means a facility or on-site generator, as the case may be, which accepts regulated medical waste from other generators for on-site disposal for a cost-based fee not in excess of the costs actually incurred by the facility or on-site generator for the treatment or disposal of the regulated medical waste.
"Transporter" means a person engaged in the collection or transportation of regulated medical waste.
(cf: P.L.1989, c.34, s.3)
57. Section 8 of P.L.1989, c.34 (C.13:1E-48.8) is amended to read as follows:
8. a. No person may transport regulated medical waste unless the person has:
(1) satisfied all requirements prescribed by the Department of Environmental Protection, and filed a registration statement and obtained approval thereof from the department on a form provided, and containing all information requested by the department;
(2) paid an annual registration fee in an amount set by the Department of Environmental Protection pursuant to a rule or regulation adopted in accordance with the "Administrative Procedure Act;"
(3) received written instruction from the departments on the proper and safe tracking, identification, packaging, storage, control, monitoring, handling, collection, and disposal of regulated medical waste;
(4) obtained a registration statement required by section 5 of P.L.1970, c.39 (C.13:1E-5);
(5) obtained a certificate of public convenience and necessity required by section 7 of P.L.1970, c.40 (C.48:13A-6);
(6) complied with the requirements of P.L.1983, c.392 (C.13:1E-126 et seq.); and
(7) paid an annual fee to, and in an amount set by, the [Board of Public Utilities] Department of Environmental Protection pursuant to section 9 of [this act] P.L.1989, c.34 (C.13:1E-48.9).
b. The provisions of subsection a. of this section shall not apply to a generator who generates less than three cubic feet of regulated medical waste per month and who transports that regulated medical waste to another generator for storage or disposal.
(cf: P.L.1989, c.34, s.8)
58. Section 9 of P.L.1989, c.34 (C.13:1E-48.9) is amended to read as follows:
9. Every transporter shall submit an application for a certificate of public convenience and necessity to the [Board of Public Utilities] Department of Environmental Protection on a form prescribed by the [board] department, and pay an initial and annual renewal fee in an amount set by the [board] department as may be necessary to cover the costs of reviewing the qualifications of applicants, including background investigations, and the costs of compliance monitoring and administration.
(cf: P.L.1989, c.34 s.9)
59. Section 12 of P.L.1989, c.34 (C.13:1E-48.12) is amended to read as follows:
12. a. The Department of Environmental Protection[, in conjunction with the Board of Public Utilities,]shall adopt appropriate rules or regulations or issue administrative orders providing for the interdistrict or intradistrict flow of regulated medical waste. The rules, regulations, or administrative orders shall establish the manner in which the department [and the board jointly] will direct the flow of regulated medical waste in this State pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.), P.L.1970, c.40 (C.48:13A-1 et seq.) and the provisions of this act, and determine where regulated medical waste may be disposed.
b. The [Board of Public Utilities] department shall have jurisdiction over rates or charges for the disposal of regulated medical waste received by any commercial incinerator or commercial facility in this State that accepts regulated medical waste for disposal. The department[, in conjunction with the board,]may require any solid waste facility to accept for disposal regulated medical waste prepared for that purpose in accordance with the provisions of this act, and any rule or regulation adopted pursuant thereto, on the same terms and under the same conditions as ordinary solid waste.
c. The [Board of Public Utilities] department shall not have jurisdiction over rates or charges for the disposal of regulated medical waste imposed by any noncommercial facility in this State that accepts regulated medical waste for disposal, without regard to whether the regulated medical waste was generated onsite or otherwise.
d. (1) The Commissioner of Health shall recommend to the Hospital Rate Setting Commission adjustments to the reimbursement rates for affected generators for activities that are required under this act, but that are not currently reimbursed under the rate setting system established by section 5 of P.L.1978, c.83 (C.26:2H-4.1). The Division of Medical Assistance and Health Services shall recommend to the Commissioner of Human Services adjustments to the reimbursement rates under Medicaid for affected generators for activities that are required under this act, but that are not currently reimbursed under the Medicaid rate setting system.
(2) The Commissioner of Health shall develop and implement a generic appeal process, under which any hospital may petition the Hospital Rate Setting Commission under the appropriate appeal option for the expeditious reimbursement of the costs incurred in complying with the provisions of this act, including the amount of the annual registration fee paid to the department by generators of regulated medical waste pursuant to section 7 of P.L.1989, c.34 (C.13:1E-48.7), to the extent that these costs and the annual fee is not currently reimbursed under the rate setting system established by P.L.1971, c.136 (C.26:2H-1 et seq.) or section 5 of P.L.1978, c.83 (C.26:2H-4.1), as the case may be.
(cf: P.L.1989, c.240, s.2)
60. Section 13 of P.L.1989, c.34 (C.13:1E-48.13) is amended to read as follows:
13. a. The departments shall study the issue of regulated medical waste in the State and prepare a comprehensive State regulated medical waste management plan addressing the immediate, interim, and long-term needs of the State with respect to the disposal of regulated medical waste in a manner that will protect the public health and the environment. The departments, [within one year of the effective date of this act] no later than March 6, 1990, shall transmit to the Governor and the Legislature the comprehensive State regulated medical waste management plan.
b. The comprehensive State regulated medical waste management plan shall include:
(1) an inventory of the number and types of generators of regulated medical waste within the State, and of the composition and quantities of regulated medical waste generated thereby, together with a recommendation with respect to the advisability, practicability and feasibility of exempting certain small quantity generators from the manifest requirements imposed by this act;
(2) a projection of the number and types of generators of regulated medical waste within the State for the next 30 years following enactment of this act, and the composition and quantities of regulated medical waste to be generated thereby;
(3) an evaluation of the impact of out-of-state generators upon the present and future regulated medical waste disposal capacity within the State;
(4) an evaluation[, to be undertaken in conjunction with the Board of Public Utilities,]of the status of the regulated medical waste collection and disposal industries, and whether they are of sufficient size and competitiveness to meet the needs of the State, and, if not, recommendations of ways to increase the size and competitiveness thereof;
(5) an inventory and appraisal, including the identity, location, and life expectancy, of all existing and approved incineration or non-incineration disposal capacity which is anticipated to be available to each county in this State for its regulated medical waste disposal needs, including all commercial and noncommercial regulated medical waste disposal facilities, and solid waste facilities within the State and in nearby states permitted to accept regulated medical waste for disposal;
(6) an updated projection of the anticipated regulated medical waste disposal capacity shortfall in each county in this State in the next 5 years from the date of enactment of this act;
(7) a recommendation of the regulated medical waste disposal strategy to be applied in the State, which strategy shall include the maximum practicable use of existing and approved incineration capacity for regulated medical waste, particularly pathology specimens, resource recovery procedures, recycling, and consideration of the establishment of regional regulated medical waste disposal facilities;
(8) recommendations of any statutory and regulatory changes deemed necessary to implement the comprehensive State regulated medical waste management plan and assure utilization of the most sanitary, efficient, and economical methods for the tracking, identification, packaging, storage, control, monitoring, handling, collection, and disposal of regulated medical waste; and
(9) an evaluation of the environmental and public health impacts of all reasonably available regulated medical waste treatment and disposal technologies, and a recommendation concerning the extent to which non-incineration technologies may be utilized as an alternative to
incineration technologies.
(cf: P.L.1989, c.34, s.13)
61. Section 15 of P.L.1989, c.34 (C.13:1E-48.15) is amended to read as follows:
15. a. Upon the submission to the Governor and the Legislature of the comprehensive State regulated medical waste management plan prepared by the departments pursuant to section 13 of [this act] P.L.1989, c.34 (C.13:1E-48.13), the Department of Environmental Protection shall:
(1) transmit, by certified mail, a written determination of need to the governing body of each county in this State in which the department has determined that there exists or impends an anticipated regulated medical waste disposal capacity shortfall; and
(2) issue[, in conjunction with the Board of Public Utilities,]appropriate administrative orders providing for the interdistrict or intradistrict flow of regulated medical waste. The administrative orders shall direct the flow of regulated medical waste generated within each county in this State to designated commercial regulated medical waste disposal facilities and, subject to the prior approval of the owner or operator thereof, to designated noncommercial facilities for disposal.
b. In the event that appropriate rules and regulations to implement the Federal Act have not been adopted by the United States Environmental Protection Agency prior to the submission to the Governor and the Legislature of the comprehensive State regulated medical waste management plan, the departments may adopt, by rule or regulation, regulated medical waste management requirements to provide for the proper and safe segregation, identification, packaging, storage, labeling, control, monitoring, handling, collection, and disposal of regulated medical waste consistent with those set forth in this act.
(cf: P.L.1989, c.34, s.15)
62. Section 18 of P.L.1989, c.34 (C.13:1E-48.18) is amended to read as follows:
18. a. Any county within which a solid waste facility is located pursuant to an adopted and approved district solid waste management plan, which facility is a designated recipient of regulated medical waste pursuant to an interdistrict or intradistrict waste flow order issued by the [Board of Public Utilities, in conjunction with the] Department of Environmental Protection, may be entitled to an annual economic benefit in an amount established by agreement with the owner or operator of the solid waste facility. The governing body of the relevant county may negotiate with the owner or operator of the solid waste facility for the payment of an annual economic benefit.
b. If the parties reach an agreement on the amount of an annual economic benefit, the owner or operator of the solid waste facility shall petition the [board] department for an adjustment in its disposal tariff. The petition shall be accompanied by a copy of the agreement which reflects the proposed annual payments and shall be filed with the [board] department prior to its implementation. The [board] department, within 60 days of the receipt of the petition, shall issue an appropriate order that these payments shall be paid by the users of the facility as an automatic surcharge on any tariff filed with, and recorded by, the [board] department for the regulated medical waste disposal operations of the facility. The surcharge shall be calculated and itemized in all appropriate tariffs on a per ton basis. In the event that any regulated medical waste is measured, upon acceptance for disposal, by other than tons, the surcharge shall be calculated and itemized by using the equivalents thereof as shall be determined by the [board] department.
c. [In issuing any order required by this section, the Board of Public Utilities shall be exempt from the provisions of R.S.48:2-21.](deleted by amendment, P.L. , c. )
(cf: P.L.1989, c.34, s.18)
63. Section 20 of P.L.1989, c.34 (C.13:1E-48.20) is amended to read as follows:
20. a. This act, and any rule or regulation adopted pursuant thereto, shall be enforced by the departments and by every local board of health, or county health department, as the case may be.
The departments and the local board of health, or the county health department, as the case may be, shall have the right to enter the premises of a generator, transporter, or facility at any time in order to determine compliance with this act.
The municipal attorney or an attorney retained by a municipality in which a violation of this act is alleged to have occurred shall act as counsel to a local board of health.
The county counsel or an attorney retained by a county in which a violation of this act is alleged to have occurred shall act as counsel to the county health department.
All enforcement activities undertaken by county health departments pursuant to this subsection shall conform to all applicable performance and administrative standards adopted pursuant to section 10 of the "County Environmental Health Act," P.L.1977, c.443 (C.26:3A2-28).
b. Whenever the Commissioner of Environmental Protection or the Commissioner of Health finds that a person has violated this act, or any rule or regulation adopted pursuant thereto, that commissioner shall:
(1) issue an order requiring the person found to be in violation to comply in accordance with subsection c. of this section;
(2) bring a civil action in accordance with subsection d. of this section;
(3) levy a civil administrative penalty in accordance with subsection e. of this section;
(4) bring an action for a civil penalty in accordance with subsection f. of this section; or
(5) petition the Attorney General to bring a criminal action in accordance with subsections g. through l. of this section.
Pursuit of any of the remedies specified under this section shall not preclude the seeking of any other remedy specified.
c. Whenever the Commissioner of Environmental Protection or the Commissioner of Health finds that a person has violated this act, or any rule or regulation adopted pursuant thereto, that commissioner may issue an order specifying the provision or provisions of this act, or the rule or regulation adopted pursuant thereto, of which the person is in violation, citing the action that constituted the violation, ordering abatement of the violation, and giving notice to the person of the person's right to a hearing on the matters contained in the order. The ordered party shall have 20 days from receipt of the order within which to deliver to the commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, the commissioner may issue a final order. If no hearing is requested, the order shall become final after the expiration of the 20-day period. A request for hearing shall not automatically stay the effect of the order.
d. The Commissioner of Environmental Protection, the Commissioner of Health, a local board of health, or a county health department may institute an action or proceeding in the Superior Court for injunctive and other relief, including the appointment of a receiver for any violation of this act, or of any rule or regulation adopted pursuant thereto, and the court may proceed in the action in a summary manner. In any such proceeding the court may grant temporary or interlocutory relief.
Such relief may include, singly or in combination:
(1) a temporary or permanent injunction;
(2) assessment of the violator for the costs of any investigation, inspection, or monitoring survey that led to the establishment of the violation, and for the reasonable costs of preparing and litigating the case under this subsection;
(3) assessment of the violator for any cost incurred by the State in removing, correcting, or terminating the adverse effects upon environmental quality or public health resulting from any violation of this act, or any rule or regulation adopted pursuant thereto, for which the action under this subsection may have been brought;
(4) assessment against the violator of compensatory damages for any loss or destruction of wildlife, fish or aquatic life, and for any other actual damages caused by any violation of this act, or any rule or regulation adopted pursuant thereto, for which the action under this subsection may have been brought.
Assessments under this subsection shall be paid to the State Treasurer, or to the local board of health, or to the county health department, as the case may be, except that compensatory damages may be paid by specific order of the court to any persons who have been aggrieved by the violation.
If a proceeding is instituted by a local board of health or county health department, notice thereof shall be served upon the commissioners in the same manner as if the commissioners were named parties to the action or proceeding. Either of the departments may intervene as a matter of right in any proceeding brought by a local board of health or county health department.
e. Either of the commissioners, as the case may be, may assess a civil administrative penalty of not more than $50,000 for each violation. Each day that a violation continues shall constitute an additional, separate, and distinct offense. A commissioner may not assess a civil administrative penalty in excess of $25,000 for a single violation, or in excess of $2,500 for each day during which a violation continues, until the departments have respectively adopted, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), regulations requiring the appropriate commissioner, in assessing a civil administrative penalty, to consider the operational history of the violator, the severity of the violation, the measures taken to mitigate or prevent further violations, and whether the penalty will maintain an appropriate deterrent. No assessment may be levied pursuant to this section until after the violator has been notified by certified mail or personal service. The notice shall include a reference to the section of the statute, rule, regulation, or order violated, a concise statement of the facts alleged to constitute a violation, a statement of the amount of the civil administrative penalties to be imposed, and a statement of the party's right to a hearing. The ordered party shall have 20 calendar days from receipt of the notice within which to deliver to the appropriate commissioner a written request for a hearing. After the hearing and upon finding that a violation has occurred, that commissioner may issue a final order after assessing the amount of the fine specified in the notice. If no hearing is requested, the notice shall become a final order after the expiration of the 20-day period. Payment of the assessment is due when a final order is issued or the notice becomes a final order. The authority to levy a civil administrative penalty is in addition to all other enforcement provisions in this act, and the payment of any assessment shall not be deemed to affect the availability of any other enforcement provisions in connection with the violation for which the assessment is levied. Each department may compromise any civil administrative penalty assessed under this section in an amount the department determines appropriate.
f. A person who violates this act, or any rule or regulation adopted pursuant thereto, shall be liable for a penalty of not more than $50,000 per day, to be collected in a civil action commenced by the Commissioner of Environmental Protection, the Commissioner of Health, a local board of health, or a county health department.
A person who violates an administrative order issued pursuant to subsection c. of this section, or a court order issued pursuant to subsection d. of this section, or who fails to pay an administrative assessment in full pursuant to subsection e. of this section is subject upon order of a court to a civil penalty not to exceed $100,000 per day of each violation.
Of the penalty imposed pursuant to this subsection, 10% or $250, whichever is greater, shall be paid to the appropriate department from the General Fund if the Attorney General determines that a person is entitled to a reward pursuant to section 24 of [this act] P.L.1989, c.34 (C.13:1E-48.24).
Any penalty imposed pursuant to this subsection may be collected, with costs, in a summary proceeding pursuant to "the penalty enforcement law" (N.J.S.2A:58-1 et seq.). The Superior Court and the municipal court shall have jurisdiction to enforce the provisions of "the penalty enforcement law" in connection with this act.
g. A person who purposely or knowingly:
(1) disposes or stores regulated medical waste without authorization from either the Department of Environmental Protection or the Department of Health, as appropriate, or in violation of this act, or any rule or regulation adopted pursuant thereto;
(2) makes any false or misleading statement to any person who prepares any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto;
(3) makes any false or misleading statement on any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto; or
(4) fails to properly treat certain types of regulated medical waste designated by the Department of Health in a prescribed manner; shall, upon conviction, be guilty of a crime of the third degree and, notwithstanding the provisions of N.J.S.2C:43-3, shall be subject to a fine of not more than $50,000 for the first offense, and not more than $100,000 for each subsequent offense, and restitution, in addition to any other appropriate disposition authorized by subsection b. of N.J.S.2C:43-2.
h. A person who recklessly or negligently:
(1) disposes or stores regulated medical waste without authorization from either the Department of Environmental Protection or the Department of Health, as appropriate, or in violation of this act, or any rule or regulation adopted pursuant thereto;
(2) makes any false or misleading statement to any person who prepares any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto;
(3) makes any false or misleading statement on any regulated medical waste application, registration, form, label, certification, manifest, record, report, or other document required by this act, or any rule or regulation adopted pursuant thereto; or
(4) fails to properly treat certain types of regulated medical waste designated by the Department of Health in a manner prescribed thereby;
shall, upon conviction, be guilty of a crime of the fourth degree.
i. A person who, regardless of intent:
(1) transports any regulated medical waste to a facility or any other place in the State that does not have authorization from the Department of Environmental Protection [and the Board of Public Utilities] to accept such waste, or in violation of this act, or any rule or regulation adopted pursuant thereto; or
(2) transports, or receives transported, regulated medical waste without completing and submitting a manifest in accordance with this act, or any rule or regulation adopted pursuant thereto;
shall, upon conviction, be guilty of a crime of the fourth degree.
j. A person who purposely, knowingly, or recklessly:
(1) generates and causes or permits to be transported any regulated medical waste to a facility or any other place in the State that does not have authorization from the Department of Environmental Protection [and the Board of Public Utilities] to accept such waste, or in violation of this act, or any rule or regulation adopted pursuant thereto; or
(2) violates any other provision of this act, or any rule or regulation adopted pursuant thereto, for which no other criminal penalty has been specifically provided for; shall, upon conviction, be guilty of a crime of the fourth degree.
k. All conveyances used or intended for use in the willful discharge, in violation of this act, or any rule or regulation adopted pursuant thereto, of regulated medical waste are subject to forfeiture to the State pursuant to P.L.1981, c.387 (C.13:1K-1 et seq.).
l. The provisions of N.J.S.2C:1-6 to the contrary notwithstanding, a prosecution for violation of subsection g., subsection h., subsection i., or subsection j. of this section shall be commenced within five years of the date of discovery of the violation.
m. No prosecution for a violation under this act shall be deemed to preclude a prosecution for the violation of any other applicable statute.
(cf: P.L.1989, c.34, s.20)
64. Section 13 of P.L.1987, c.102 (C.13:1E-99.21) is amended to read as follows:
13. a. After April 20, 1989, all leaves collected by a municipality pursuant to the provisions of section 14 of P.L.1987, c.102 (C.13:1E-99.22) shall be transported to a leaf composting facility, vegetative waste composting facility or recycling center authorized or approved by the department. Each district recycling plan shall identify the leaf composting facility, vegetative waste composting facility or recycling center to be utilized by each municipality within the county. Any two or more counties may negotiate an interdistrict agreement for the development or use of a regional leaf composting facility, vegetative waste composting facility or recycling center. Notwithstanding the provisions of section 18 of P.L.1975, c.326 (C.13:1E-27) or any other law, rule or regulation to the contrary, the [Board of Public Utilities] department shall not have jurisdiction over, or otherwise regulate the tariffs or return of, a leaf composting facility, vegetative waste composting facility or recycling center authorized or approved by the department.
b. No solid waste facility in this State, other than a leaf composting facility, vegetative waste composting facility or recycling center, shall accept for final disposal truckloads or roll-off containers of solid waste containing leaves at any time, except that leaves source separated from solid waste may be accepted by a sanitary landfill facility in those instances where the facility has provided and maintains for that purpose separate leaf composting facilities, and the composted leaves are utilized as part of the final vegetative cover for the landfill, or for other uses as a soil conditioning material.
c. No person shall transport leaves to an out-of-state facility except in those instances where the out-of-state facility is designed and operated for the purpose of accepting leaves for recycling and the facility is designated in the district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13).
(cf: P.L.1989, c.151, s.2)
65. Section 11 of P.L.1989, c.151 (C.13:1E-99.21e) is amended to read as follows:
11. Notwithstanding the provisions of P.L.1970, c.40 (C.48:13A-1 et seq.) or any other law, rule or regulation to the contrary, the [Board of Public Utilities] Department of Environmental Protection shall not have jurisdiction over charges or rates for services provided by persons engaging in the transportation of leaves to a leaf composting facility, vegetative waste composting facility, recycling center or lands owned or operated by a recognized academic institution authorized or approved by the Department of Environmental Protection pursuant to P.L.1989, c.151[(C. )]. The revenues generated by persons engaging in the transportation of leaves shall not be included within the computation of current or adjusted tariffs established pursuant to law for solid waste collection.
(cf: P.L.1989, c.151, s.11)
66. Section 23 of P.L.1987, c.102 (C.13:1E-99.31) is amended to read as follows:
23. a. The provisions of section 6 of P.L.1970, c.40 (C.48:13A-5) to the contrary notwithstanding, on or after July 1, 1987 the [Board of Public Utilities] Department of Environmental Protection shall not award a franchise to any person or party proposing to construct, own or operate a resource recovery facility unless the person or party proposing to construct, own or operate the facility submits written documentation and any other evidence the [board] department may require demonstrating to the satisfaction of the [board] department that the goals of the relevant district recycling plan required by section 3 of [this amendatory and supplementary act] P.L.1987, c.102 (C.13:1E-99.13) have been incorporated into the plans for the proposed resource recovery facility.
b. The [board] department may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of this section.
(cf: P.L.1987, c.102, s.23)
67. Section 40 of P.L.1987, c.102 (C.13:1E-99.33) is amended to read as follows:
40. a. Any person engaged in the business of solid waste collection or solid waste disposal in accordance with the provisions of P.L.1970, c.39 (C.13:1E-1 et seq.), P.L.1970, c.40 (C.48:13A-1 et seq.), P.L.1991, c.381 (C.48:13A-7.1 et al.) or any other act may engage in recycling or otherwise provide recycling services in this State.
b. The [Board of Public Utilities] department shall not have jurisdiction over charges or rates for recycling or services provided by persons engaging in the business of recycling or otherwise providing recycling services in this State.
(cf: P.L.1991, c.381, s.42)
68. Section 3 of P.L.1981, c.306 (C.13:1E-102) is amended to read as follows:
3. As used in this act:
a. "Closing costs" or "closure" means all activities and costs associated with the design, purchase, construction or maintenance of all measures required by the department, pursuant to law, in order to prevent, minimize or monitor pollution or health hazards resulting from sanitary landfill facilities subsequent to the termination of operations at any portion thereof, including, but not necessarily limited to, the costs of the placement of earthen or vegetative cover, the installation of methane gas vents or monitors and leachate monitoring wells or collection systems at the site of any sanitary landfill facility, and the cost of general liability insurance, including environmental impairment liability insurance, or an amount sufficient to create a self-insurance fund as may be determined by the [Board of Public Utilities] Department of Environmental Protection pursuant to section 10 of P.L.1981, c.306 (C.13:1E-109), to fund potential claims against the owner or operator of the sanitary landfill facility during the closure and post-closure period.
b. "Owner or operator" means and includes, in addition to the usual meanings thereof, every owner of record of any interest in land whereon a sanitary landfill facility is or has been located, and any person or corporation which owns a majority interest in any other corporation which is the owner or operator of any sanitary landfill facility.
c. "Division" means the Division of Taxation in the Department of the Treasury.
d. "Director" means the Director of the Division of Taxation in the Department of the Treasury.
e. "Tax period" means every calendar month, or any other period as may be prescribed by rule and regulation adopted by the director, on the basis of which the owner or operator of a sanitary landfill facility is required to report to the director pursuant to this act.
f. "Taxpayer" means the owner or operator of a sanitary landfill facility subject to the tax provisions of this act.
(cf: P.L.1987, c.347, s.1)
69. Section 10 of P.L.1981, c.306 (C.13:1E-109) is amended to read as follows:
10. a. The owner or operator of every sanitary landfill facility shall deposit, on a monthly basis in an interest-bearing account with an accredited financial institution, an amount equal to $1.00 per ton of all solid waste accepted for disposal during the preceding month at the sanitary landfill facility. In the event that any solid waste is measured, upon acceptance for disposal, by other than tons, the amount to be deposited shall be calculated by using the equivalents thereof as shall be determined by the division.
The account established pursuant to this subsection shall constitute an escrow account for the closure of the particular sanitary landfill facility, and no withdrawals therefrom may be made without written approval of the department, except as otherwise authorized by the department.
b. Any owner or operator of a sanitary landfill facility who shall fail to deposit funds into an escrow account, as provided herein, or uses those funds for any purpose other than closing costs, as approved by the department, shall be guilty of a crime of the third degree.
c. The [Board of Public Utilities] department may, in accordance with the provisions of P.L.1970, c.40 (C.48:13A-1 et seq.), issue an appropriate order increasing current tariffs established pursuant to law for the solid waste disposal operations of a sanitary landfill facility as may be necessary to purchase general liability insurance, including environmental impairment liability insurance, or to create a self-insurance fund sufficient to meet anticipated present and future obligations for the closure and post-closure period. Any additional revenues specifically collected for this insurance or fund shall be deposited in the escrow account established pursuant to subsection a. of this section for the closure of the facility and shall be withdrawn only for the purchase of insurance or the payment of claims or claims costs made against the owner or operator of the sanitary landfill facility, as authorized by the department. No withdrawals from an escrow account shall be made for insurance costs, claims or claims costs unless and until the [board] department issues an appropriate order increasing the relevant tariff to provide specifically for these costs.
(cf: P.L.1987, c.347, s.2)
70. Section 13 of P.L.1981, c.306 (C.13:1E-112) is amended to read as follows:
13. a. The provisions of any law to the contrary notwithstanding, the owner or operator of any sanitary landfill facility may collect the tax imposed pursuant to section 5 of P.L.1981, c.306 (C.13:1E-104), and the escrow account payments required by section 10 of P.L.1981, c.306 (C.13:1E-109), as a surcharge on any tariff established pursuant to law for the solid waste disposal operations of the facility.
b. The [Board of Public Utilities] department may direct the owner or operator of a sanitary landfill facility to reduce the rate of payments to an escrow account required by section 10 of P.L.1981, c.306 (C.13:1E-109), but only to the extent that:
(1) The current tariff established pursuant to law for the solid waste disposal operations of the facility specifically allocates a portion thereof for closing costs; and
(2) The amount collected for closing costs pursuant to this tariff are deposited, on a monthly basis, in the escrow account for the facility.
c. (deleted by amendment, P.L.1991, c.381)
(cf: P.L.1991, c.381, s.43)
71. Section 2 of P.L.1983, c.93 (C.13:1E-118) is amended to read as follows:
2. a. The [Board of Public Utilities] department shall, in accordance with the provisions of the "Solid Waste Utility Control Act [of 1970]" (P.L.1970, c.40; C.48:13A-1 et seq.), establish an equitable rate schedule based upon weight for the solid waste disposed of at all solid waste facilities required to install scales pursuant to [this act] P.L.1983, c.93 (C.13:1E-117 et seq.).
b. In instances where solid waste to be disposed is of substantially higher or lower density than normal, the solid waste facility shall weigh the waste, but the [board] department, at its discretion, or upon petition, may require the amendment of any tariff to provide for rates based on factors in addition to weight.
(cf: P.L.1983, c.93, s.2)
72. Section 3 of P.L.1983, c.93 (C.13:1E-119) is amended to read as follows:
3. Any solid waste facility required to install scales pursuant to [this act] P.L.1983, c.93 (C.13:1E-117 et seq.) may petition the [Board of Public Utilities] department for an increase in its tariff which reflects the costs reasonably incurred by the facility in complying with this act. The [board] department, within 60 days of the receipt of such a petition, shall determine the extent to which these costs shall be passed along to the users of the solid waste facility as an automatic surcharge on any tariff filed with, and recorded by, the [board] department for the operation of the solid waste facility.
(cf: P.L.1991, c.381, s.44)
73. Section 2 of P.L.1985, c.38 (C.13:1E-137) is amended to read as follows:
2. As used in this [amendatory and supplementary] act:
[a.]"Contract file" means a file established and maintained by a contracting unit, in which the contracting unit shall maintain a copy of its request for qualifications issued pursuant to section 19 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-154), a list of vendors responding to its request for qualifications, a copy of its request for proposals issued pursuant to section 20 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-155), a list of qualified vendors submitting proposals, and a document outlining the general criteria used by the contracting unit in selecting a proposal;
[b.]"Contracting unit" means any county; any municipality; any bistate authority; or any [board, commission, committee, authority or agency, which is not a State board, commission, committee, authority or agency, and which has administrative jurisdiction over any district other than a school district, project, or facility, included or operating in whole or in part, within the territorial boundaries of any county or municipality, which exercises functions which are appropriate for the exercise by one or more units of local government, and] public authority which has statutory power to [make purchases and] enter into contracts or agreements [for the performance of any work or the furnishing or hiring of any materials or supplies usually required] for the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility;
[c.]"County" means any county of this State of whatever class;
[d.]"Department" means the Department of Environmental Protection;
[e.]"Director" means the Director of the Division of Taxation in the Department of Treasury;
[f.]"District" means a solid waste management district as designated by section 10 of P.L.1975, c.326 (C.13:1E-19), except that, as used in the provisions of [this amendatory and supplementary act] sections 3 through 17 of P.L.1985, c.38 (C.13:1E-138 through 13:1E-152), "district" shall not include the Hackensack Meadowlands District;
[g.]"District investment tax fund" means a District Resource Recovery Investment Tax Fund established pursuant to subsection a. of section 15 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-150);
[h.]"Division" means the Division of Taxation in the Department of Treasury;
[i.]"Division of Local Government Services" means the Division of Local Government Services in the Department of Community Affairs;
[j.]"Division of Rate Counsel" means the Division of Rate Counsel in the Department of the Public Advocate;
[k.]"Franchise" means the exclusive right to control and provide for the disposal of solid waste, except for designated recyclable materials as defined in section 2 of P.L.1987, c.102 (C.13:1E-99.12) or any other recyclable material whenever markets for those other materials are available, within a district or districts as awarded by the [Board of Public Utilities] department;
[l.]"Independent public accountant" means a certified public accountant, a licensed public accountant or a registered municipal accountant;
[m.]"Investment tax" means the resource recovery investment tax imposed pursuant to subsection b. of section 3 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-138);
[n.]"Investment tax fund" means the Resource Recovery Investment Tax Fund containing sub-accounts for each county established pursuant to the provisions of section 14 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-149);
[o.]"Out-of-district solid waste" means any solid waste accepted for disposal in a district which was generated outside the receiving district;
[p.]"Person or party" means any individual, public or private corporation, company, partnership, firm, association, political subdivision of this State, or any State, bistate, or interstate agency or public authority;
[q.]"Proposed contract" means a contract negotiated by a contracting unit pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.), or a substantial renegotiation of a contract previously approved pursuant to the provisions of [this amendatory and supplementary act] section 28 of P.L.1985, c.38 (C.13:1E-163) if the renegotiation is determined to be substantial by the department[, the Board of Public Utilities,]or the Division of Local Government Services;
"Public authority" means any solid waste management authority created pursuant to the "solid waste management authorities law," P.L.1968, c.249 (C.40:66A-32 et seq.); municipal or county utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); incinerator authority created pursuant to the "incinerator authorities law," P.L.1948, c.348 (C.40:66A-1 et seq.); county improvement authority created pursuant to the "county improvement authorities law," P.L.1960, c.183 (C.40:37A-44 et seq.); pollution control financing authority created pursuant to the "New Jersey Pollution Control Financing Law," P.L.1973, c.376 (C.40:37C-1 et seq.), or any other public body corporate and politic created for solid waste management purposes in any county or municipality, pursuant to the provisions of any law;
[r.] "Qualified vendor" means any person or party financially qualified for, and technically and administratively capable of, undertaking the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility or of providing resource recovery services, as provided in section 19 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-154);
[s.] "Recyclable material" means those materials which would otherwise become solid waste, which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products;
[t.] "Recycling" means any process by which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products;
[u. "Recycling facility" means a facility at which materials which would otherwise become solid waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products;]
"Residual ash" means the bottom ash, fly ash, or any combination thereof, resulting from the combustion of solid waste at a resource recovery facility.
[v.] "Resource recovery facility" means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for reuse; or a mechanized composting facility, or any other solid waste facility constructed or operated for the collection, separation, recycling, and recovery of metals, glass, paper, and other materials for reuse or for energy production;
[w.] "Sanitary landfill facility" means a solid waste facility at which solid waste is deposited on or in the land as fill for the purpose of permanent disposal or storage for a period exceeding six months, except that it shall not include any waste facility approved for disposal of hazardous waste;
[x.] "Services tax" means the solid waste services tax imposed pursuant to subsection a. of section 3 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-138);
[y.] "Services tax fund" means the Solid Waste Services Tax Fund established pursuant to section 12 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-147);
[z.] "Vendor" means any person or party proposing to undertake the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility or of providing resource recovery services;
[aa.] "Waste importation tax" means the solid waste importation tax imposed pursuant to subsection c. of section 3 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-138).
(cf: P.L.1985, c.38, s.2)
74. Section 11 of P.L.1985, c.38 (C.13:1E-146) is amended to read as follows:
11. a. Each county, in consultation with the department, may conduct a study to determine the investment tax rate estimated to be necessary to be paid into the district investment tax fund so as to lower the cost of resource recovery facility services to a level which is competitive with the cost of disposal in a sanitary landfill facility utilized by the county, or to finance the closing costs for the proper closure of any terminated sanitary landfill facility located within the county, except that only the additional tax revenues generated by an investment tax rate adjustment may be expended for closing costs.
b. After completion of the study, the county, by resolution of its governing body, and after review of the study by the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs, may adjust the investment tax rate set forth in subsection b. of section 3 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-138) to a rate, not to exceed $10.00 per ton of solids and $0.04 per gallon of liquids, or the equivalent thereof, which is consistent with the conclusions of the study and with the plan developed pursuant to subsection c. of section 15 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-150). The county, by resolution of its governing body, and after review of the study and any additional information received during the previous year by the Local Finance Board in the Division of Local Government Services in the Department of Community Affairs, may adjust the investment tax rate, up to the maximum rate, on an annual basis. Any adjustment in the investment tax rate made pursuant to this subsection shall take effect on the first day of the first calendar year following the adjustment, provided that notice of the adjustment shall be made to the director no later than 90 days prior to the first day of a calendar year.
c. Upon approval by the department, two or more counties may conduct a joint study and establish a single investment tax rate for the districts in the manner provided in subsection b. of this section.
d. [The department, upon an investment tax rate adjustment by a county made in the manner provided in subsection b. of this section, shall notify the Board of Public Utilities of the investment tax rate adjustment in that county.](deleted by amendment, P.L. , c. )
(cf: P.L.1985, c.38, s.11)
75. Section 18 of P.L.1985, c.38 (C.13:1E-153) is amended to read as follows:
18. The provisions of any other law, rule or regulation to the contrary notwithstanding, and as an alternative to any other procedure provided for by law [or by order of the Board of Public Utilities], a contracting unit may enter into a contract with a vendor for the design, financing, construction, operation or maintenance, or any combination thereof, of a resource recovery facility, or for the provision of resource recovery services, pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.). Any contracting unit intending to enter into a contract with a vendor pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 shall establish a contract file, which shall be open to members of the public for inspection at the offices of the contracting unit. Any contract entered into pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 may be awarded for a period not to exceed 40 years.
(cf: P.L.1985, c.38, s.18)
76. Section 23 of P.L.1985, c.38 (C.13:1E-158) is amended to read as follows:
23. [a.]A contracting unit shall submit any proposed contract negotiated with a qualified vendor pursuant to the provisions of [this act] P.L.1985, c.38 (C.13:1E-136 et al.) to the Division of Rate Counsel for review, and to the department[, the Board of Public Utilities,]and the Division of Local Government Services for review and approval pursuant to the provisions of section [24] 25 through section 28 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-160 through 13:1E-163).
(cf: P.L.1985, c.38, s.23)
77. Section 24 of P.L.1985, c.38 (C.13:1E-159) is amended to read as follows:
24. Any contracting unit intending to submit a proposed contract to the department[, the Board of Public Utilities,]and the Division of Local Government Services for review and approval pursuant to the provisions of [this amendatory and supplementary act] section 25 through section 28 of P.L.1985, c.38 (C.13:1E-160 through 13:1E-163) shall notify the department, [the Board of Public Utilities,]the Division of Local Government Services, and the Division of Rate Counsel of its intention to submit its proposed contract for review and approval at least 10 days prior to the submission.
(cf: P.L.1985, c.38, s.24)
78. Section 25 of P.L.1985, c.38 (C.13:1E-160) is amended to read as follows:
25. The department, [the Board of Public Utilities,]the Division of Local Government Services, and the Division of Rate Counsel shall have 15 days from the date of receipt of a proposed contract submitted by a contracting unit for review and approval pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.) to request the contracting unit to supply additional information or documentation concerning the proposed contract. The contracting unit shall provide written responses to these requests within 10 days of receipt of the request. Any supplemental requests for information shall be made within five days of receipt of the written responses to the initial requests. The contracting unit shall provide written responses to any supplemental requests within 10 days of receipt of the supplemental requests. The schedule may be modified by the mutual consent of the contracting unit and the department, the Division of Local Government Services, [the Board of Public Utilities,]or the Division of Rate Counsel, as the case may be.
(cf: P.L.1985, c.38, s.25)
79. Section 26 of P.L.1985, c.38 (C.13:1E-161) is amended to read as follows:
26. a. A contracting unit shall hold a public hearing on a proposed contract submitted to the department[, the Board of Public Utilities] and the Division of Local Government Services for review and approval pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.) no sooner than 30 days nor later than 45 days following submission of the proposed contract for review and approval. This public hearing shall be held in the area to be served under the terms of the proposed contract.
b. The contracting unit shall provide at least 20 days' advance written notice of a public hearing to be held on a proposed contract pursuant to the provisions of this section to the department, [the Board of Public Utilities,]the Division of Local Government Services, the Division of Rate Counsel, the clerk of each municipality within the area to be served under the terms of the proposed contract, and to the county clerk of each county in whole or in part within the area to be served under the terms of the proposed contract.
c. A contracting unit shall provide advance notice to the public of a public hearing to be held on a proposed contract pursuant to the provisions of this section. This notice shall be published once a week for two consecutive weeks in at least one newspaper of general circulation in the area to be served under the terms of the proposed contract. The second notice shall be published at least 10 days prior to the date of the public hearing. These notices shall include the date, time and location of the public hearing, a general description of the proposed contract, and shall inform the public of the availability of copies of the proposed contract for inspection by any interested party at the offices of the contracting unit. Upon request, the contracting unit shall provide any interested party with a copy of the proposed contract at a cost not to exceed the actual cost of reproducing the proposed contract and any supporting documentation.
(cf: P.L.1985, c.38, s.26)
80. Section 27 of P.L.1985, c.38 (C.13:1E-162) is amended to read as follows:
27. a. At the public hearing on the proposed contract held by the contracting unit pursuant to the provisions of section 26 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-161) any interested party may present statements or questions concerning the terms and conditions of the proposed contract. Prior to the conclusion of the public hearing, the contracting unit shall respond to questions concerning the proposed contract raised by any interested party. The contracting unit shall provide that a verbatim record be kept of the public hearing. The record of the public hearing shall be kept open for a period of 15 days following the conclusion of the hearing, during which interested parties may submit written statements to be included in the hearing record. The contracting unit shall provide that a hearing report be printed, which shall include the verbatim record of the public hearing, written statements submitted by interested parties, and a statement prepared by the contracting unit summarizing the major issues raised at the public hearing and the contracting unit's specific response to these issues. The contracting unit shall make copies of the transcript of the hearing report available to interested parties upon request at a cost not to exceed the actual cost of printing.
b. Within 45 days of the close of a public hearing on a proposed contract held pursuant to this section, the contracting unit shall submit a copy of the hearing report to the department, [the Board of Public Utilities,]the Division of Local Government Services, and the Division of Rate Counsel.
(cf: P.L.1985, c.38, s.27)
81. Section 28 of P.L.1985, c.38 (C.13:1E-163) is amended to read as follows:
28. a. (1) Within 30 days of receipt of the hearing report submitted by a contracting unit pursuant to the provisions of subsection b. of section 27 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-162), the department shall approve or conditionally approve the proposed contract submitted for review by the contracting unit pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.). The department shall approve the proposed contract if it finds that the terms of the proposed contract are consistent with the district solid waste management plan adopted pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.) by the [solid waste] district or districts to be served under the terms of the proposed contract. If the department conditionally approves the proposed contract, it shall state in writing the revisions which must be made to the proposed contract to receive approval, and the contracting unit may prepare and submit to the department a revised proposed contract. If the department determines that the revisions are substantial, the contracting unit shall hold a public hearing on the revisions pursuant to the provisions of section 26 and section 27 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-161 and 13:1E-162). In the alternative, the district solid waste management plan or plans may be amended pursuant to law so as to be consistent with the terms of the proposed contract.
(2) In reviewing and approving the contract, the department shall not determine a rate base for, or otherwise regulate the tariffs or return of, the proposed resource recovery facility.
(3) Notwithstanding the provisions of paragraph (2) of this subsection, all parties to any contract may request the department to determine a rate base for the proposed resource recovery facility, in which case the department may make that determination and the terms of any contract so approved shall remain subject to the continuing jurisdiction of the department.
b. Within 30 days of receipt of the hearing report submitted by a contracting unit pursuant to the provisions of subsection b. of section 27 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-162), the Division of Local Government Services shall approve or conditionally approve the proposed contract submitted by the contracting unit pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.). The division shall approve the proposed contract if it finds in writing that the terms of the proposed contract are in compliance with the provisions of section 29 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-164), [and] that the terms of the proposed contract will result in the provision of services or facilities necessary for the health, safety, welfare, convenience or betterment of the recipients or users of these services or facilities, that the terms and provisions of the proposed contract are not unreasonable, exorbitant or impracticable, would not impose an undue and unnecessary financial burden on the citizens residing in or served by the contracting unit, and will not materially impair the ability of the contracting unit to punctually pay the principal and interest on its outstanding indebtedness and to supply other essential public improvements and services, except that the division, in its review of the proposed contract, shall be bound by any applicable findings or determinations of the Local Finance Board made pursuant to the provisions of subsection d. of N.J.S.40A:2-7 or section 7 of P.L.1983, c.313 (C.40A:5A-7). If the division conditionally approves the proposed contract, it shall state in writing the revisions which must be made to the proposed contract to receive approval, and the contracting unit may prepare and submit to the division a revised proposed contract. If the division determines that revisions are substantial, the contracting unit shall hold a public hearing on the revisions pursuant to the provisions of section 26 and section 27 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-161 and 13:1E-162).
c. [Within 30 days of receipt of the hearing report submitted by a contracting unit pursuant to the provisions of subsection b. of section 27 of this amendatory and supplementary act, the Board of Public Utilities shall approve or conditionally approve the proposed contract submitted by the contracting unit pursuant to the provisions of this amendatory and supplementary act. The board shall approve the proposed contract if it finds in writing that the terms of the proposed contract are in the public interest. If the board conditionally approves the proposed contract it shall state in writing the revisions which must be made to the proposed contract to receive approval, and the contracting unit may prepare and submit to the board a revised proposed contract. If the board determines that the revisions are substantial, the contracting unit shall hold a public hearing on the revisions pursuant to the provisions of section 26 and section 27 of this amendatory and supplementary act. In reviewing and approving the contract, the Board of Public Utilities shall not determine a rate base for, or otherwise regulate the tariffs or return of, the proposed resource recovery facility. The board shall not, thereafter, conduct any further review of the contract.](deleted by amendment, P.L. , c. )
d. [Notwithstanding the provisions of subsection c. of this section, all parties to any contract may request the board to determine a rate base for the proposed resource recovery facility, in which case the board may make that determination and the terms of any contract so approved shall remain subject to the continuing jurisdiction of the board.](deleted by amendment, P.L. , c. )
(cf: P.L.1985, c.38, s.28)
82. Section 30 of P.L.1985, c.38 (C.13:1E-165) is amended to read as follows:
30. Whenever the Division of Rate Counsel represents the public interest in a proceeding held pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.) to consider a proposed contract, the Director of the Division of Rate Counsel may assess the vendor pursuant to the provisions of this section. Whenever a contracting unit shall first submit a proposed contract to the department[, the Board of Public Utilities,]and the Division of Local Government Services for review and approval pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.), the vendor shall be assessed an amount equal to one-tenth of 1% of the estimated gross revenues of the resource recovery facility in the first year of its operation. Thereafter, the vendor shall be assessed in the manner provided for in section 20 of P.L.1974, c.27 (C.52:27E-19).
(cf: P.L.1985, c.38, s.30)
83. Section 31 of P.L.1985, c.38 (C.13:1E-166) is amended to read as follows:
31. a. Any contracting unit which has issued a request for qualifications, a request for proposals, or both, as the case may be, or has initiated formal negotiations with a qualified vendor or two or more qualified vendors, within 30 days after [the effective date of this amendatory and supplementary act] February 4, 1985, may petition the department for an exemption from the provisions of section 19, section 20, and section 21 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-154, 13:1E-155 and 13:1E-156). Upon receiving an exemption authorized pursuant to this subsection, a contracting unit may negotiate a proposed contract with a vendor pursuant to the provisions of section 22 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-157, and shall submit the proposed contract for review and approval pursuant to the provisions of section 23 through section 28 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-158 through 13:1E-163).
b. Any contracting unit which has negotiated a contract for resource recovery facilities or services with a vendor prior to [the effective date of this amendatory and supplementary act] February 4, 1985, and has held a public hearing on the contract, may petition the department for an exemption from the provisions of section 19 through section 27 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-154 through 13:1E-162). Upon receiving an exemption authorized pursuant to this subsection, the contracting unit shall submit the contract to the department[,]and the Division of Local Government Services[, and the Board of Public Utilities] for the review and approvals required pursuant to section 28 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-163). The provisions of section 28 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-163) to the contrary notwithstanding, the department[,] and the Division of Local Government Services[, and the Board of Public Utilities] shall approve or conditionally approve a contract submitted for review pursuant to the provisions of this subsection within 60 days of the receipt of the contract. If the department[,]or the Division of Local Government Services[, or the Board of Public Utilities] conditionally approves the proposed contract, the department[,]or the Division of Local Government Services, [or the Board of Public Utilities,]as the case may be, shall state in writing the revisions which must be made to the proposed contract to receive approval, and the contracting unit may prepare and submit a revised proposed contract. If the department[,]or the Division of Local Government Services, [or the Board of Public Utilities,]as the case may be, determines that the necessary revisions are substantial, the contracting unit shall hold a public hearing on the revisions.
(cf: P.L.1985, c.38, s.31)
84. Section 33 of P.L.1985, c.38 (C.13:1E-168) is amended to read as follows:
33. a. (1) The department may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.).
(2) The department shall adopt rules and regulations for the engineering design of resource recovery facilities, to include a requirement that state-of-the-art air emission technology be installed to control the emission of hydrocarbons, particulates, dioxins, nitrogen oxides, carbon monoxide, heavy metals, hydrochloric acid, sulfur oxides and other acid gases and pollutants from each resource recovery facility which is expected to emit these pollutants.
b. [The Board of Public Utilities may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of this amendatory and supplementary act.](deleted by amendment, P.L. , c. )
c. The Division of Local Government Services may adopt, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), any rules and regulations necessary to implement the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.).
(cf: P.L.1985, c.38, s.33)
85. Section 5 of P.L.1985, c.368 (C.13:1E-173) is amended to read as follows:
5. a. The commissioner shall apply the criteria set forth in this section in determining the eligibility of owners and operators of sanitary landfill facilities for grants or loans to pay the closure costs of landfill closure projects. No owner or operator of a sanitary landfill facility shall be eligible for a grant or loan under [this act] P.L.1985, c.368 (C.13:1E-169 et seq.) prior to the submission for approval to the department of a financial plan for closure as required by section 8 of [this act] P.L.1985, c.368 (C.13:1E-176).
b. Where [the Board of Public Utilities has issued an order increasing] the rates and charges for solid waste disposal on the relevant tariff [filed with and approved by the board] established pursuant to law for the solid waste disposal operations of a sanitary landfill facility have increased, and where this increase, or a portion thereof, is allocated specifically in the tariff for the closure costs of the sanitary landfill facility, and where the facility has accepted for final disposal out-of-State solid waste prior to October 1, 1984, any local government unit which is required to pay a portion of the closure costs through payment of rates or charges for disposal of solid waste at the facility shall be eligible to apply for a grant for the payment of a portion of the closure costs, to the extent that the closure costs would have been borne by the out-of-State solid waste generators who had previously, but no longer, utilized the facility.
c. Where the [Board of Public Utilities has issued an order increasing] the rates and charges for solid waste disposal on the relevant tariff [filed with and approved by the board] established pursuant to law for the solid waste disposal operations of a sanitary landfill facility have increased, and where this increase, or a portion thereof, is specifically allocated in the tariff for the closure costs of the facility, any local government unit which is required to pay any portion of the closure costs through the payment of rates or charges for disposal of solid waste at the facility shall be eligible to apply for a loan for the payment of a portion of the closure costs.
d. Upon the final approval by the [Board of Public Utilities] department of increases in the solid waste disposal tariff with respect to a sanitary landfill facility, as set forth in this section, the [board] department shall file [with] and maintain in the department a copy of the order increasing the solid waste tariff, including the projected amounts thereof specifically allocated for closure costs to be generated from local government units required to pay a portion of the closure costs through the payment of rates or charges for the disposal of solid waste at the sanitary landfill facility and the proportionate amounts thereof specifically allocated for closure costs which would have been generated from the out-of-State solid waste generators who had previously, but no longer, utilized the facility.
e. Where [the Board of Public Utilities has not issued] an order increasing the rates or charges for solid waste disposal on the relevant tariff with respect to solid waste disposal operations of a sanitary landfill facility has not been issued, or, where the [Board of Public Utilities] department does not exercise rate setting jurisdiction or has denied a request for an order increasing the rates or charges for solid waste disposal on the relevant tariff with respect to solid waste disposal operations of a sanitary landfill facility, any owner or operator thereof shall be eligible to apply for a loan to pay closure costs of the sanitary landfill facility, if the commissioner determines that funds currently available in the escrow account established for the facility pursuant to P.L.1981, c.306 (C.13:1E-100 et seq.), or otherwise legally available from the owner or operator thereof, are inadequate to cover the required closure costs for the sanitary landfill facility.
(cf: P.L.1985, c.368, s.5)
86. Section 8 of P.L.1985, c.368 (C.13:1E-176) is amended to read as follows:
8. [It] The provisions of any other law, or of any rule or regulation adopted pursuant thereto, to the contrary notwithstanding, it shall remain the continuing responsibility of the owner or operator of every sanitary landfill facility to insure that the rates or charges received at the facility[, whether or not these rates or charges are subject to the jurisdiction of the Board of Public Utilities pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.),] will provide sufficient revenues for all costs, including closure costs, likely to be incurred by the facility. In order to insure the integrity of financial planning for closure, the owner or operator of every sanitary landfill facility[, whether or not the rates or charges received by the facility are subject to the jurisdiction of the Board of Public Utilities,]shall submit for approval to the department [and, where relevant, the board,] a financial plan addressing all aspects of closure. The owner or operator of every existing sanitary landfill facility for which a registration statement and engineering design have been filed with, and approved by, the department prior to June 1, 1985 shall submit a financial plan for closure [within 180 days of the effective date of this act] by May 12, 1986, except that the department[, or the board, as the case may be,] may grant an extension [of up to 180 days] until November 12, 1986, if sufficient reason exists to grant the extension. The owner or operator of every new sanitary landfill facility for which a registration statement and engineering statement have been filed with the department subsequent to June 1, 1985 shall submit for approval to the department [and, where relevant, the board,] a financial plan for closure prior to commencement of operations, except that the department[, or the board, as the case may be,] may grant an extension [of up to 180 days] until May 12, 1986, if sufficient reason exists to grant the extension.
(cf: P.L.1985, c.368, s.8)
87. Section 3 of P.L.1989, c.236 (C.27:2-9) is amended to read as follows:
3. Any person awarded a contract by the Commissioner of Transportation for the construction, reconstruction or resurfacing of any State, county or municipal road, street or highway, or portion thereof, which contract requires the contractor to provide for the disposal of solid waste, shall have the right to renegotiate the contract to reflect any increase in solid waste disposal costs whenever:
a. the increase occurred as a result of compliance with an order issued by the Department of Environmental Protection[, in conjunction with the Board of Public Utilities,] directing the solid waste be disposed at a solid waste facility other than the facility previously utilized by the person to whom the contract has been awarded; or
b. the increase in solid waste disposal costs occurred as a result of lawful increases in the rates, fees or charges imposed on the disposal of solid waste at the solid waste facility utilized by the person to whom the contract has been awarded.
(cf: P.L.1989, c.236, s.3)
88. Section 6 of P.L.1973, c.330 (C.40:37A-103) is amended to read as follows:
6. Any solid waste facilities owned or operated by a county improvement authority pursuant to the provisions of this amendatory and supplementary act, shall be deemed a public utility and shall be subject to such rules and regulations as may be adopted by the [Board of Public Utilities] Department of Environmental Protection in accordance with the provisions of the "Solid Waste Utility Control Act" (P.L.1970, c.40, C.48:13A-1 et seq.). The improvement authority's application to operate any solid waste facility shall be considered at a public hearing by the [Board of Public Utilities] Department of Environmental Protection.
(cf: P.L.1991, c.381, s.46)
89. Section 2 of P.L.1991, c.170 (C.40:66-5.2) is amended to read as follows:
2. a. The provisions of any other law, rule or regulation to the contrary notwithstanding, the governing body of any municipality may request that every solid waste collector engaging in private solid waste collection services within the municipality who is registered pursuant to sections 4 and 5 of P.L.1970, c.39 (C.13:1E-4 and 13:1E-5) and holds a certificate of public convenience and necessity pursuant to sections 7 and 10 of P.L.1970, c.40 (C.48:13A-6 and 48:13A-9) provide all responsible solid waste generators with the opportunity to contract for, on an individual basis, regular solid waste collection services, if the responsible solid waste generator is required to do so by a proof of service ordinance adopted pursuant to section 1 of P.L.1991, c.170 (C.40:66-5.1).
b. The governing body of any municipality may request any solid waste collector engaging in private solid waste collection services within the municipality to assist the municipality in identifying those responsible solid waste generators who fail to comply with the provisions of section 1 of P.L.1991, c.170 (C.40:66-5.1).
c. Whenever the governing body adopts a proof of service ordinance pursuant to section 1 of P.L.1991, c.170 (C.40:66-5.1), or requests a solid waste collector to provide all responsible solid waste generators with the opportunity to contract for regular solid waste collection services pursuant to subsection a. of this section, the governing body shall notify the [Board of Public Utilities] Department of Environmental Protection of these actions by certified mail.
d. In the event that a solid waste collector refuses any request to provide responsible solid waste generators with the opportunity to contract for regular solid waste collection services pursuant to subsection a. of this section, the governing body shall notify the [Board of Public Utilities] Department of Environmental Protection of this refusal by certified mail.
e. Whenever the governing body of a municipality adopts a proof of service ordinance pursuant to section 1 of P.L.1991, c.170 (C.40:66-5.1), the governing body shall notify the owner or operator of every solid waste facility utilized by the municipality of this action by certified mail.
(cf: P.L.1991, c.170, s.2)
90. N.J.S.40A:2-22 is amended to read as follows:
40A:2-22. The governing body of the local unit shall determine the period of usefulness of any purpose according to its reasonable life computed from the date of the bonds, which period shall not be greater than the following:
a. Buildings and structures.
1. Bridges, including retaining walls and approaches, or permanent structures of brick, stone, concrete or metal, or similar durable construction, 30 years.
2. Buildings, including the original furnishings and equipment therefor:
Class A: A building, of which all walls, floors, partitions, stairs and roof are wholly of incombustible material, except the window frames, doors, top flooring and wooden handrails on the stairs, 40 years;
Class B: A building, the outer walls of which are wholly of incombustible material, except the window frames and doors, 30 years;
Class C: A building which does not meet the requirements of Class A or Class B, 20 years.
3. Buildings or structures acquired substantially reconstructed or additions thereto, one-half the period fixed in this subsection for such buildings or structures.
4. Additional furnishings, five years.
b. Marine improvements.
1. Harbor improvements, docks or marine terminals, 40 years.
2. Dikes, bulkheads, jetties or similar devices of stone, concrete or metal, 15 years; of wood or partly of wood, 10 years.
c. Additional equipment and machinery.
1. Additional or replacement equipment and machinery, 15 years.
2. Voting machines, 15 years.
d. Real property.
1. Acquisition for any public purpose of lands or riparian rights, or both, and the original dredging, grading, draining or planting thereof, 40 years.
2. Improvement of airport, cemetery, golf course, park, playground, 15 years.
3. Stadia of concrete or other incombustible materials, 20 years.
e. Streets or thoroughfares.
1. Elimination of grade crossings, 35 years.
2. Streets or roads:
Class A: Rigid pavement. A pavement of not less than eight inches of cement concrete or a six-inch cement concrete base with not less than three-inch bituminous concrete surface course, or equivalent wearing surface, 20 years.
Flexible pavement. A pavement not less than 10 inches in depth consisting of five-inch macadam base, three-inch modified penetration macadam and three-inch bituminous concrete surface course or other pavements of equivalent strength, in accordance with the findings of the American Association of State Highway Officials (AASHO) Road Test, 20 years.
Class B: Mixed surface-treated road. An eight-inch surface of gravel, stone or other selected material under partial control mixed with cement or lime and fly ash, six inches in compacted thickness with bituminous surface treatment and cover, 10 years.
Bituminous penetration road. A five-inch gravel or stone base course and a three-inch course bound with a bituminous or equivalent binder, 10 years. Class C: Mixed bituminous road. An eight-inch surface of gravel, stone, or other selected material under partial control mixed with bituminous material one inch or more in compacted thickness, five years.
Penetration macadam road. A road of sand, gravel or water-bound macadam, or surfacing with penetration macadam, five years.
3. Sidewalks, curbs and gutters of stone, concrete or brick, 10 years.
The period of usefulness in this subsection shall apply to construction and reconstruction of streets and thoroughfares.
f. Utilities and municipal systems.
1. Sewerage system, whether sanitary or storm water, water supply or distribution system, 40 years.
2. Electric light, power or gas systems, garbage, refuse or ashes incinerator or disposal plant, 25 years.
3. Communication and signal systems, 10 years.
4. House connections to publicly-owned gas, water or sewerage systems from the service main in the street to the curb or property lines where not part of original installation, five years.
g. Vehicles and apparatus.
1. Fire engines, apparatus and equipment, when purchased new, but not fire equipment purchased separately, 10 years.
2. Automotive vehicles, including original apparatus and equipment (other than passenger cars and stationwagons), when purchased new, five years.
3. Major repairs, reconditioning or overhaul of fire engines and apparatus, which may reasonably be expected to extend for at least five years the period of usefulness thereof, five years.
h. The closure of a sanitary landfill facility utilized, owned or operated by a county or municipality, 15 years; provided that the closure has been approved by the [Board of Public Utilities and the] Department of Environmental Protection. For the purposes of this subsection "closure" means all activities associated with the design, purchase or construction of all measures required by the Department of Environmental Protection, pursuant to law, in order to prevent, minimize or monitor pollution or health hazards resulting from sanitary landfill facilities subsequent to the termination of operations at any portion thereof, including, but not necessarily limited to, the costs of the placement of earthen or vegetative cover, and the installation of methane gas vents or monitors and leachate monitoring wells or collection systems at the site of any sanitary landfill facility.
i. Any purpose, except vehicles, not included in the foregoing, for which obligations may be issued, 15 years.
(cf: P.L.1985, c.153, s.2)
91. Section 15 of P.L.1971, c.198 (C.40A:11-15) is amended to read as follows:
15. Duration of certain contracts. All purchases, contracts or agreements for the performing of work or the furnishing of materials, supplies or services shall be made for a period not to exceed 12 consecutive months, except that contracts or agreements may be entered into for longer periods of time as follows:
(1) Supplying of:
(a) Fuel for heating purposes, for any term not exceeding in the aggregate, two years;
(b) Fuel or oil for use of airplanes, automobiles, motor vehicles or equipment for any term not exceeding in the aggregate, two years;
(c) Thermal energy produced by a cogeneration facility, for use for heating or air conditioning or both, for any term not exceeding 40 years, when the contract is approved by the [Board of Public Utilities] Division of Energy Planning and Conservation in the Public Utility Commission. For the purposes of this paragraph, "cogeneration" means the simultaneous production in one facility of electric power and other forms of useful energy such as heating or process steam;
(2) (Deleted by amendment; P.L.1977, c.53.)
(3) The collection [and] , recycling, or disposal of municipal solid waste, or the disposal of sewage sludge, for any term not exceeding in the aggregate, five years;
(4) The collection and recycling of methane gas from a sanitary landfill facility, for any term not exceeding 25 years, when such contract is in conformance with a district solid waste management plan approved pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.), and with the approval of the Division of Local Government Services and the Department of Environmental Protection. The contracting unit shall award the contract to the highest responsible bidder, notwithstanding that the contract price may be in excess of the amount of any necessarily related administrative expenses; except that if the contract requires the contracting unit to expend funds only, the contracting unit shall award the contract to the lowest responsible bidder. The approval by the Division of Local Government Services of public bidding requirements shall not be required for those contracts exempted therefrom pursuant to section 5 of P.L.1971, c.198 (C.40A:11-5);
(5) Data processing service, for any term of not more than three years;
(6) Insurance, for any term of not more than three years;
(7) Leasing or servicing of automobiles, motor vehicles, machinery and equipment of every nature and kind, for a period not to exceed three years; provided, however, such contracts shall be entered into only subject to and in accordance with the rules and regulations promulgated by the Director of the Division of Local Government Services of the Department of Community Affairs;
(8) The supplying of any product or the rendering of any service by a telephone company which is subject to the jurisdiction of the Board of Public [Utilities] Utility Commissioners for a term not exceeding five years;
(9) Any single project for the construction, reconstruction or rehabilitation of any public building, structure or facility, or any public works project, including the retention of the services of any architect or engineer in connection therewith, for the length of time authorized and necessary for the completion of the actual construction;
(10) The providing of food services for any term not exceeding three years;
(11) On-site inspections undertaken by private agencies pursuant to the "State Uniform Construction Code Act" (P.L.1975, c.217; C.52:27D-119 et seq.) for any term of not more than three years;
(12) The performance of work or services or the furnishing of materials or supplies for the purpose of conserving energy in buildings owned by, or operations conducted by, the contracting unit, the entire price of which to be established as a percentage of the resultant savings in energy costs, for a term not to exceed 10 years; provided, however, that such contracts shall be entered into only subject to and in accordance with rules and regulations [promulgated] adopted by the [Department of Energy] Division of Energy Planning and Conservation in the Public Utility Commission, establishing a methodology for computing energy cost savings;
(13) The performance of work or services or the furnishing of materials or supplies for the purpose of elevator maintenance for any term not exceeding three years;
(14) Leasing or servicing of electronic communications equipment for a period not to exceed five years; provided, however, such contract shall be entered into only subject to and in accordance with the rules and regulations promulgated by the Director of the Division of Local Government Services of the Department of Community Affairs;
(15) Leasing of motor vehicles, machinery and other equipment primarily used to fight fires, for a term not to exceed seven years, when the contract includes an option to purchase, subject to and in accordance with rules and regulations promulgated by the Director of the Division of Local Government Services of the Department of Community Affairs;
(16) The provision of water supply services or the designing, financing, construction, operation, or maintenance, or any combination thereof, of a water supply facility, or any component part or parts thereof, including a water filtration system, for a period not to exceed 40 years, when the contract for these services is approved by the Division of Local Government Services in the Department of Community Affairs, the Board of Public [Utilities] Utility Commissioners, and the Department of Environmental Protection pursuant to P.L.1985, c.37 (C.58:26-1 et seq.). For the purposes of this subsection, "water supply services" means any service provided by a water supply facility; "water filtration system" means any equipment, plants, structures, machinery, apparatus, or land, or any combination thereof, acquired, used, constructed, rehabilitated, or operated for the collection, impoundment, storage, improvement, filtration, or other treatment of drinking water for the purposes of purifying and enhancing water quality and insuring its potability prior to the distribution of the drinking water to the general public for human consumption, including plants and works, and other personal property and appurtenances necessary for their use or operation; and "water supply facility" means and refers to the real property and the plants, structures, interconnections between existing water supply facilities, machinery and equipment and other property, real, personal and mixed, acquired, constructed or operated, or to be acquired, constructed or operated, in whole or in part by or on behalf of a political subdivision of the State or any agency thereof, for the purpose of augmenting the natural water resources of the State and making available an increased supply of water for all uses, or of conserving existing water resources, and any and all appurtenances necessary, useful or convenient for the collecting, impounding, storing, improving, treating, filtering, conserving or transmitting of water and for the preservation and protection of these resources and facilities and providing for the conservation and development of future water supply resources;
(17) The provision of solid waste disposal services by a resource recovery facility, the furnishing of products of a resource recovery facility, the disposal of the solid waste delivered for disposal which cannot be processed by a resource recovery facility or the waste products resulting from the operation of a resource recovery facility, including hazardous waste and recovered metals and other materials for reuse, or the design, financing, construction, operation or maintenance of a resource recovery facility for a period not to exceed 40 years when the contract is approved by the Division of Local Government Services in the Department of Community Affairs[, the Board of Public Utilities,]and the Department of Environmental Protection; and when the resource recovery facility is in conformance with a district solid waste management plan approved pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.). For the purposes of this subsection, "resource recovery facility" means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for reuse; or a mechanized composting facility, or any other solid waste facility constructed or operated for the collection, separation, recycling, and recovery of metals, glass, paper, and other materials for reuse or for energy production;
(18) The sale of electricity or thermal energy, or both, produced by a resource recovery facility for a period not to exceed 40 years when the contract is approved by the Board of Public [Utilities] Utility Commissioners, and when the resource recovery facility is in conformance with a district solid waste management plan approved pursuant to P.L.1970, c.39 (C.13:1E-1 et seq.). For the purposes of this subsection, "resource recovery facility" means a solid waste facility constructed and operated for the incineration of solid waste for energy production and the recovery of metals and other materials for reuse; or a mechanized composting facility, or any other solid waste facility constructed or operated for the collection, separation, recycling, and recovery of metals, glass, paper, and other materials for reuse or for energy production;
(19) The provision of wastewater treatment services or the designing, financing, construction, operation, or maintenance, or any combination thereof, of a wastewater treatment system, or any component part or parts thereof, for a period not to exceed 40 years, when the contract for these services is approved by the Division of Local Government Services in the Department of Community Affairs and the Department of Environmental Protection pursuant to P.L.1985, c.72 (C.58:27-1 et seq.). For the purposes of this subsection, "wastewater treatment services" means any service provided by a wastewater treatment system, and "wastewater treatment system" means equipment, plants, structures, machinery, apparatus, or land, or any combination thereof, acquired, used, constructed, or operated for the storage, collection, reduction, recycling, reclamation, disposal, separation, or other treatment of wastewater or sewage sludge, or for the final disposal of residues resulting from the treatment of wastewater, including, but not limited to, pumping and ventilating stations, facilities, plants and works, connections, outfall sewers, interceptors, trunk lines, and other personal property and appurtenances necessary for their operation;
(20) The supplying of materials or services for the purpose of lighting public streets, for a term not to exceed five years, provided that the rates, fares, tariffs or charges for the supplying of electricity for that purpose are approved by the Board of Public [Utilities] Utility Commissioners;
(21) In the case of a contracting unit which is a county or municipality, the provision of emergency medical services by a hospital to residents of a municipality or county as appropriate for a term not to exceed five years;
(22) Towing and storage contracts, awarded pursuant to paragraph u. of subsection (1) of section 5 of P.L.1971, c.198 (C.40A:11-5) for any term not exceeding three years;
(23) Fuel for the purpose of generating electricity for a term not to exceed eight years;
(24) The purchase of electricity or administrative or dispatching services related to the transmission of such electricity, from a public utility company subject to the jurisdiction of the Board of Public [Utilities] Utility Commissioners, a similar regulatory body of another state, or a federal regulatory agency, or from a qualifying small power producing facility or qualifying cogeneration facility, as defined by 16 U.S.C. §796, by a contracting unit engaged in the generation of electricity for retail sale, as of the date of this amendatory act, for a term not to exceed 40 years;
(25) Basic life support services, for a period not to exceed five years. For the purposes of this subsection, "basic life support" means a basic level of prehospital care, which includes but need not be limited to patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control, initial wound care and fracture stabilization;
(26) Claims administration services, for any term not to exceed three years;
(27) The provision of transportation services to elderly, disabled or indigent persons for any term of not more than three years. For the purposes of this subsection, "elderly persons" means persons who are 60 years of age or older. "Disabled persons" means persons of any age who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, are unable, without special facilities or special planning or design to utilize mass transportation facilities and services as effectively as persons who are not so affected. "Indigent persons" means persons of any age whose income does not exceed 100 percent of the poverty level, adjusted for family size, established and adjusted under section 673(2) of subtitle B, the "Community Services Block Grant Act," Pub.L.97-35 (42 U.S.C. §9902 (2));
(28) The supplying of liquid oxygen or other chemicals, for a term not to exceed five years, when the contact includes the installation of tanks or other storage facilities by the supplier, on or near the premises of the contracting unit.
All multi-year leases and contracts entered into pursuant to this section, except contracts for the leasing or servicing of equipment supplied by a telephone company which is subject to the jurisdiction of the Board of Public [Utilities] Utility Commissioners, contracts involving the supplying of electricity for the purpose of lighting public streets and contracts for thermal energy authorized pursuant to subsection (1) above, construction contracts authorized pursuant to subsection (9) above, contracts and agreements for the provision of work or the supplying of equipment to promote energy conservation authorized pursuant to subsection (12) above, contracts for water supply services or for a water supply facility, or any component part or parts thereof authorized pursuant to subsection (16) above, contracts for resource recovery services or a resource recovery facility authorized pursuant to subsection (17) above, contracts for the sale of energy produced by a resource recovery facility authorized pursuant to subsection (18) above, contracts for wastewater treatment services or for a wastewater treatment system or any component part or parts thereof authorized pursuant to subsection (19) above, contracts for the purchase of electricity or administrative or dispatching services related to the transmission of such electricity authorized pursuant to subsection (24) above, shall contain a clause making them subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation, or contain an annual cancellation clause.
The Division of Local Government Services shall adopt and promulgate rules and regulations concerning the methods of accounting for all contracts that do not coincide with the fiscal year.
(cf: P.L.1991, c.451, s.1)
92. Section 1 of P.L.1989, c.236 (C.40A:11-16.5) is amended to read as follows:
1. Any person entering into a contract with a contracting unit pursuant to the provisions of P.L.1971, c.198 (C.40A:11-1 et seq.), which contract requires the contractor to provide for the disposal of solid waste, shall have the right to renegotiate the contract to reflect any increase in solid waste disposal costs whenever:
a. the increase occurred as a result of compliance with an order issued by the Department of Environmental Protection[, in conjunction with the Board of Public Utilities,] directing the solid waste be disposed at a solid waste facility other than the facility previously utilized by the person to whom the contract has been awarded; or
b. the increase in solid waste disposal costs occurred as a result of lawful increases in the rates, fees or charges imposed on the disposal of solid waste at the solid waste facility utilized by the person to whom the contract has been awarded.
(cf: P.L.1989, c.236, s.1)
93. Section 2 of P.L.1989, c.236, (C.52:34-13.1) is amended to read as follows:
2. Any person entering into a contract with the State pursuant to the provisions of P.L.1954, c.48 (C.52:34-6 et seq.), or with an independent State authority, which contract requires the contractor to provide for the disposal of solid waste, shall have the right to renegotiate the contract to reflect any increase in solid waste disposal costs whenever:
a. the increase occurred as a result of compliance with an order issued by the Department of Environmental Protection[, in conjunction with the Board of Public Utilities,] directing the solid waste be disposed at a solid waste facility other than the facility previously utilized by the person to whom the contract has been awarded; or
b. the increase in solid waste disposal costs occurred as a result of lawful increases in the rates, fees or charges imposed on the disposal of solid waste at the solid waste facility utilized by the person to whom the contract has been awarded.
For the purposes of this section, "independent State authority" means an authority, board, bureau, office, commission, committee, council, instrumentality or agency of the State, which is a public body corporate and politic established pursuant to law, having the power to sue and be sued and to issue bonds, but shall not include the New Jersey Transit Corporation established pursuant to P.L.1979, c.150 (C.27:25-1 et seq.).
(cf: P.L.1989, c.236, s.2)
94. Section 3 of P.L.1977, c.146 (C.52:27F-3) is amended to read as follows:
3. As used in this act:
[a. "Commissioner" means the Commissioner of the Department of Energy;
b. "Department" means the Department of Energy established by this act;
c.] "Administrator" means the administrator and chief executive officer of the Public Utility Commission;
"Director" means the director of the Division of Energy Planning and Conservation in the Public Utility Commission;
"Distributor" means and includes each person, wherever resident or located, who imports into this State fuels for use, distribution, storage, or sale in this State after the same shall reach this State; and also each person who produces, refines, manufactures, blends, or compounds fuels and sells, uses, stores, or distributes the same within this State. In no case, however, shall a retail dealer be construed to be a distributor;
[d.] "Division" means the Division of Energy Planning and Conservation in the Public Utility Commission;
"Energy" means all power derived from, or generated by, any natural or man-made agent, including, but not limited to, petroleum products, gases, solar radiation, atomic fission or fusion, mineral formations, thermal gradients, wind, or water.
[e.] "Energy facility" means any plant or operation which produces, converts, distributes or stores energy or converts one form of energy to another; in no case, however, shall an operation conducted by a person acting only as a retail dealer be construed as an energy facility;
[f.] "Energy information" means any statistic, datum, fact, or item of knowledge and all combinations thereof relating to energy;
[g.] "Energy information system" means the composite of energy information collected by the office;
[h.] "Energy industry" means any person, company, corporation, business, institution, establishment or other organization of any nature engaged in the exploration, extraction, transportation, transmission, refining, processing, generation, distribution, sale or storage of energy;
[i.] "Fuel" means coal, petroleum products, gases and nuclear fuel, including enriched uranium, U235 and U238, and plutonium, U239;
[j.] "Gases" means natural gas, methane, liquefied natural gas, synthetic natural gas, coal gas and other manufactured gases;
[k.] "Person" means natural persons, partnerships, firms, associations, joint stock companies, syndicates and corporations, and any receiver, trustee, conservator or other officer appointed pursuant to law or by any court, State or Federal; "person" also means the State of New Jersey, counties, municipalities, authorities, other political subdivisions, and all departments and agencies within the aforementioned governmental entities;
[l.] "Petroleum products" means and includes motor gasoline, middle distillate oils, residual fuel oils, aviation fuel, propane, butane, natural gasoline, naphtha, gas oils, lubricating oils and any other similar or dissimilar liquid hydrocarbons;
[m.] "Public building" means any building, structure, facility or complex used by the general public, including, but not limited to, theaters, concert halls, auditoriums, museums, schools, libraries, recreation facilities, public transportation terminals and stations, factories, office buildings, business establishments, passenger vehicle service stations, shopping centers, hotels or motels and public eating places, owned by any State, county or municipal government agency or instrumentality or any private individual, partnership, association or corporation;
[n.] "Purchase" means and includes, in addition to its ordinary meaning, any acquisition of ownership or possession, including, but not limited to, condemnation by eminent domain proceedings;
[o.] "Retail dealer" means any person who engages in the business of selling fuels from a fixed location such as a service station, filling station, store, or garage directly to the ultimate users of said fuel;
[p.] "Sale" means and includes, in addition to its ordinary meaning, any exchange, gift, theft, or other disposition. In such case where fuels are exchanged, given, stolen, or otherwise disposed of, they shall be deemed to have been sold;
[q.] "Supplier of fuel" means any refiner, importer, marketer, jobber, distributor, terminal operator, firm, corporation, wholesaler, broker, cooperative or other person who supplies, sells, consigns, transfers, or otherwise furnishes fuel. In no case, however, shall a retail dealer be construed to be a supplier of fuel;
[r.] "Trade secret" means the whole or any portion or phase of any scientific, technical or otherwise proprietary information, design, process, procedure, formula or improvement which is used in one's business and is secret and of value; and a trade secret shall be presumed to be secret when the owner takes measures to prevent it from becoming available to persons other than those selected by the owner to have access thereto for limited purposes;
[s.] "Wholesale dealer" means any person who engages in the business of selling fuels to other persons who resell the said fuel. In no case shall a retail dealer be considered as a wholesale dealer.
[t.] "Cogeneration" means the simultaneous production in one facility of electric power and other useful forms of energy such as heating or process steam.
(cf: P.L.1978, c.80, s.1)
95. Section 9 of P.L.1977, c.146 (C.52:27F-11) is amended to read as follows:
9. The [commissioner] director shall[, on behalf of the department through the Division of Energy Planning and Conservation]:
a. Manage the [department] division as the central repository within the State Government for the collection of energy information;
b. Collect and analyze data relating to present and future demands and resources for all forms of energy;
c. Have authority to require all persons, firms, corporations or other entities engaged in the production, processing, distribution, transmission or storage of energy in any form or in the use of steam in quantities greater than 50,000 pounds per hour to submit reports setting forth such information as shall be required to carry out the provisions of this act;
d. Have authority to require any person to submit information necessary for determining the impact of any construction or development project on the energy and fuel resources of this State;
e. [Charge] Cooperate with other State Government departments and agencies involved in energy-related activities, including the Board of Public [Utilities, with specific information gathering goals and require that said goals be fulfilled] Utility Commissioners, in gathering energy information;
f. Establish an energy information system which will provide all data necessary to insure a fair and equitable distribution of available energy, to permit a more efficient and effective use of available energy, and to provide the basis for long-term planning related to energy needs;
g. Design, implement, and enforce a program for the conservation of energy in commercial, industrial, and residential facilities, which program shall provide for the evaluation of energy systems as they relate to lighting, heating, refrigeration, air-conditioning, building design and operation, elective cogeneration and process steam production associated with cogeneration facilities, and appliance manufacturing and operation; and may include, but shall not be limited to, the requiring of an annual inspection and adjustment, if necessary, of oil-fired heating systems in residential, commercial and industrial buildings so as to bring such systems into conformity with efficiency standards therefor prescribed by the department; the setting of lighting efficiency standards for public buildings; the establishment of mandatory thermostat settings and the use of seven-day, day-night thermostats in public buildings; the development of standards for efficient boiler operation; consider the establishment of cogeneration facilities to simultaneously produce electricity and steam to conserve fuel; and, the preparation of a plan to insure the phased retrofitting of existing gas furnaces with electric ignition systems and to require that new gas ranges and dryers be equipped with electric ignition systems, and new gas furnaces with electric ignition systems and automatic vent-dampers;
h. Conduct and supervise a State-wide program of education including the preparation and distribution of information relating to energy conservation;
i. Monitor prices charged for energy within the State, evaluate policies governing the establishment of rates and prices for energy, and make recommendations for necessary changes in such policies to other concerned Federal and State agencies, including the Board of Public [Utilities] Utility Commissioners, and to the Legislature;
j. Have authority to conduct and supervise research projects and programs for the purpose of increasing the efficiency of energy use, developing new sources of energy, evaluating energy conservation measures, and meeting other goals consistent with the intent of this act;
k. Have authority to distribute and expend funds made available for the purpose of research projects and programs;
l. Have authority to enter into interstate compacts in order to carry out energy research and planning with other states or the Federal Government where appropriate;
m. Have authority to apply for, accept, and expand grants-in-aid and assistance from private and public sources for energy programs; notwithstanding any other law to the contrary, the [commissioner] director is designated as the State official to apply for, receive, and expend Federal and other funding made available to the State for the purposes of this act;
n. Require the annual submission of energy utilization reports and conservation plans by State Government departments and agencies, including the Board of Public [Utilities] Utility Commissioners, evaluate said plans and the progress of the departments and agencies in meeting these plans, and order changes in the plans or improvement in meeting the goals of the plans;
o. Carry out all duties given [him] the director under other sections of this act or any other acts;
p. Have authority to conduct hearings and investigations in order to carry out the purposes of this act and to issue subpenas in furtherance of such power. Said power to conduct investigations shall include, but not be limited to, the authority to enter without delay and at reasonable times the premises of any energy industry in order to obtain or verify any information necessary for carrying out the purposes of this act;
q. Have authority to adopt, amend or repeal, pursuant to the "Administrative Procedure Act" (C.52:14B-1 et seq.) such rules and regulations necessary and proper to carry out the purposes of this act;
r. Administer such Federal energy regulations as are applicable to the states, including, but not limited to, the mandatory petroleum allocation regulations and State energy conservation plans.
s. Have authority to sue and be sued;
t. Have authority to acquire by purchase, grant, contract or eminent domain title to real property for the purpose of demonstrating facilities which improve the efficiency of energy use, conserve energy or generate energy in new and efficient ways;
u. Have authority to construct and operate, on an experimental or demonstration basis, facilities which improve the efficiency of energy use, conserve energy or generate power in new and efficient ways;
v. Have authority to contract with any other public agency or corporation incorporated under the laws of this or any other state for the performance of any function under this act;
w. Determine the effect of energy and fuel shortages upon consumers, and formulate proposals designed to encourage the lowest possible cost of energy and fuels consumed in the State consistent with the conservation and efficient use of energy;
x. Keep complete and accurate minutes of all hearings held before the [commissioner] director or any member of the Division of Energy Planning and Conservation pursuant to the provisions of this act. All such minutes shall be retained in a permanent record and shall be available for public inspection at all times during the office hours of the department.
(cf: P.L.1978, c.80, s.2)
96. Section 11 of P.L.1977, c.146 (C.52:27F-13) is amended to read as follows:
11. The Advisory Council on Energy Planning and Conservation is empowered to:
a. Request from the [commissioner and from the Director] director of the Division of Energy Planning and Conservation such energy information as it may deem necessary;
b. Consider any matter relating to the production, distribution, consumption or conservation of energy;
c. From time to time submit to the [commissioner] director any recommendations which it deems necessary for the long-term planning and management of energy;
d. Study energy programs and make its recommendations thereon to the [commissioner] director;
e. Review, prior to their promulgation, proposed rules and regulations of the [department] division, and make its recommendations thereupon, except such rules and regulations determined by the [commissioner] director to be emergency measures essential to preserve the public health, safety, or welfare.
f. Hold public hearings in regard to existing statutes and regulations governing the production, distribution, consumption or conservation of energy.
(cf: P.L.1977, c.146, s.11)
97. Section 12 of P.L.1977, c.146 (C.52:27F-14) is amended to read as follows:
12. a. There is established an Energy Master Plan Committee (hereinafter "Committee") which shall be composed of the president of the Board of Public Utility Commissioners or his designee and the heads of the following principal departments or their designees: Commerce[, Energy] and Economic Development; Community Affairs; Environmental Protection; Health; Human Services; Transportation; and Treasury. The [Commissioner of Commerce, Energy and Economic Development] president of the Board of Public Utility Commissioners or his designee shall be the chairperson of the committee. The committee shall be responsible for the preparation, adoption and revision of master plans regarding the production, distribution, and conservation of energy in this State.
b. The committee [within one year of the effective date of this act] shall prepare or cause to be prepared, and, after public hearings as hereinafter provided, adopt a master plan for a period of 10 years on the production, distribution, consumption and conservation of energy in this State. Such plan shall be revised and updated at least once every three years. The plan shall include long-term objectives but shall provide for the interim implementation of measures consistent with said objectives. The committee may from time to time and after public hearings amend the master plan. In preparing the master plan or any portion thereof or amendment thereto the [department] committee shall give due consideration to the energy needs and supplies in the several geographic areas of the State, and shall consult and cooperate with any federal or State agency having an interest in the production, distribution, consumption or conservation of energy.
c. Upon preparation of such master plan, and each revision thereof, the committee shall cause copies thereof to be printed, shall transmit sufficient copies thereof to the Governor and the Legislature, for the use of the members thereof, and shall advertise, in such newspapers as the [commissioner] committee determines appropriate to reach the greatest possible number of citizens of New Jersey, the existence and availability of such draft plan from the offices of the committee for the use of such citizens as may request same. In addition, the [department] committee shall:
(1) Fix dates for the commencement of a series of public hearings, at least one of which shall be held in each geographical area delineated in the master plan. Each such public hearing shall concern the overall content of the plan and those aspects thereof that have relevance to the specific geographical area in which each such public hearing is being held;
(2) At least 60 days prior to each public hearing held pursuant to this section, notify each energy industry and each State department, commission, authority, council, agency, or board charged with the regulation, supervision or control of any business, industry or utility engaged in the production, processing, distribution, transmission, or storage of energy in any form of the time and place for the hearing and shall publish such notice in a newspaper of general circulation in the region where the hearing is to be held, and in such newspapers of general circulation in the State as the [commissioner] committee determines appropriate to reach the greatest possible number of citizens of New Jersey.
d. Upon the completion of the requirements of subsection c. of this section, the committee shall consider the testimony presented at all such public hearings and adopt the energy master plan, together with any additions, deletions, or revisions it shall deem appropriate.
e. Upon the adoption of the energy master plan, and upon each revision thereof, the committee shall cause copies thereof to be printed and shall transmit sufficient copies thereof to the Governor and the Legislature, for the use of the members thereof, and to each State department, commission, authority, council, agency, division or board charged with the regulation, supervision or control of any business, industry or utility engaged in the production, processing, distribution, transmission, or storage of energy in any form. In addition, the committee shall advertise in the manner provided in subsection c. of this section the existence and availability of the energy master plan from the offices of the committee for the use of such citizens of New Jersey as may request same; provided, however, that the committee may charge a fee for such copies of the energy master plan sufficient to cover the costs of printing and distributing same.
(cf: P.L.1987, c.365, s.14)
98. Section 13 of P.L.1977, c.146 (C.52:27F-15) is amended to read as follows:
13. a. The Division of Energy Planning and Conservation is empowered and directed to intervene in any proceedings before, and appeals from, any State department, division, commission, authority, council, agency or board (hereinafter referred to as "State instrumentalities" ) including the Board of Public [Utilities] Utility Commissioners charged with the regulation, supervision or control of any business, industry or utility engaged in the production, processing, distribution, transmission or storage of energy in any form, when, in the discretion of the [commissioner] director, such intervention is necessary to insure the proper consideration by such State instrumentalities of the State energy master plan, or any part or aspect thereof, adopted by the [department] division pursuant to section 12 of [this act] P.L.1977, c.146 (C.52:27F-14), or any rule or regulation promulgated by the [department] division pursuant to the provisions of this act. To facilitate the intervention provisions of this section, each such State instrumentality shall consider the [department] division a party of interest in any proceedings before such instrumentality with respect to energy and shall give the same notice to the [department] division as is given to every other party of interest in such proceedings of any meeting, public hearing or other proceeding of such instrumentality in implementing its regulatory, supervisory or control powers, responsibilities and duties with respect to such businesses, industries or utilities.
b. It being the intention of the Legislature that the actions, decisions, determinations and rulings of the State Government with respect to energy shall to the maximum extent practicable and feasible conform with the energy master plan adopted by the [department] division pursuant to section 12 of [this act] P.L.1977, c.146 (C.52:27F-14), the [department] division shall prepare, periodically revise and distribute to each State instrumentality charged with the regulation, supervision or control of any business, industry or utility engaged in the production, processing, distribution, transmission or storage of energy in any form, such guidelines as the [department] division determines to be relevant to assist each such instrumentality in conforming with said energy master plan in implementing its regulatory, supervisory or control powers, responsibilities and duties with respect to such businesses, industries or utilities.
c. With respect to the siting of any energy facility in any part of New Jersey, the [department] division shall, the provisions of any law to the contrary notwithstanding, have jurisdiction coextensive with that of any other State instrumentality, and to that end, no State instrumentality with the power to grant or deny any permit for the construction or location of any energy facility shall exercise its powers without referring to the Division of Energy Planning and Conservation, for its review and comments, a copy of such application and all papers, documents and materials appurtenant thereto filed by the applicant with such State instrumentality. Prior to making a final decision with respect to any such application, the State instrumentality with power of approval over such application shall solicit the views of the [department] division thereupon. Such views shall be communicated to the State instrumentality with the power of approval over such application in the form of a report describing the findings of the [department] division with respect to such application. Such report shall be prepared by the Director of the Division of Energy Planning and Conservation and shall be signed by said director[ and by the commissioner]. In the event that such report is not prepared and transmitted to the State instrumentality with power of approval over such application within 90 days after the [department's] division's receipt of such application, such State instrumentality shall act upon such application pursuant to the law providing its power of approval thereof. In the event that the views of the [department] division, as contained in its report, with respect to any such application differ from the views of the State instrumentality with the power of approval over such application, there shall be established an Energy Facility Review Board which shall consist of the Director of the Division of Energy Planning and Conservation, the director or chief executive officer of the State instrumentality with the power of approval over such application, and a designee of the Governor. The decision of the Energy Facility Review Board created with respect to a specific energy facility application shall be binding with respect to such facility and shall be implemented forthwith by the State instrumentality with the power of approval over such application.
In implementing its responsibilities pursuant to this subsection, the [department] division shall have the power to adopt, by regulation, a fee schedule for reviewing applications for the construction or location of energy facilities; provided, however, that fees shall be charged to applicants for permits to construct or locate energy facilities only in those instances where the nature and extent of the proposed energy facility are such as to necessitate the employment of consultants or other expert personnel from without the [department] division before the [department] division can make its determination with respect to any such application, and that such fees shall in any event be the minimum amount necessary to permit the [department] division to fulfill its responsibilities under this section.
The provisions of this section shall not be regarded as to be in derogation of any powers now existing and shall be regarded as supplemental and in addition to powers conferred by other laws, including municipal zoning authority.
(cf: P.L.1977, c.146, s.13)
99. Section 14 of P.L.1977, c.146 (C.52:27F-16) is amended to read as follows:
14. The [commissioner] director shall prepare and adopt an emergency allocation plan specifying actions to be taken in the event of an impending serious shortage of energy which poses grave threats to the public health, safety, or welfare. The [commissioner] director shall direct all State Government departments and agencies, including the Board of Public [Utilities] Utility Commissioners, to develop, subject to his approval, contingency plans for dealing with said emergencies.
(cf: P.L.1977, c.146, s.14)
100. Section 1 of P.L.1983, c.559 (C.52:27F-16.1) is amended to read as follows:
1. The Legislature finds and determines that the prospects of the occurrence of periodic energy emergencies due to the volatility and unpredictability of energy markets necessitates the systematic preparation for such emergencies; that the [Department of Energy] Division of Energy Planning and Conservation possesses the expertise and ability to plan for such emergencies; and that formulation of energy emergency preparedness plans will contribute to the security of the State of New Jersey in energy matters.
The Legislature, therefore, declares it to be in the best interest of the citizens of this State to require the [Department of Energy] Division of Energy Planning and Conservation to periodically review the situation with regard to the energy preparedness of the State and to prepare and submit a report thereon to the Governor and the Legislature.
(cf: P.L.1983, c. 559, s.1)
101. Section 2 of P.L.1983, c.559 (C.52:27F-16.2) is amended to read as follows:
2. In order to evaluate the energy preparedness of the State, the [commissioner] director shall, within 1 year of the effective date of this act and at least once every 3 years thereafter, prepare and submit to the Governor and the Legislature a comprehensive report on the status of the emergency allocation plan adopted pursuant to section 14 of P.L.1977, c.146 (C.52:27F-16). The report shall provide for:
a. A means to identify, monitor and evaluate situations and conditions which may give rise to a critical energy shortage, which shall include but not be limited to methods of evaluating supply and demand conditions which may trigger a critical energy shortage;
b. The evaluation of various emergency response measures, based on the relative technical and economic impact and effectiveness of each;
c. The evaluation of existing emergency response plans of other agencies and instrumentalities of the State government, including the Board of Public [Utilities] Utility Commissioners. The [commissioner] director shall have the authority to require these plans to conform with the conclusions and recommendations of the report, and to require the development or modification of those plans or portions thereof which do not comply with the report;
d. A means for establishing a comprehensive energy information service to function during an energy emergency;
e. The development, in advance of and during an energy emergency, of a coordinated public and private sector plan to mitigate the effects of an energy emergency.
(cf: P.L.1983, c.559, s.2)
102. Section 3 of P.L.1983, c.559 (C.52:27F-16.3) is amended to read as follows:
3. In order to implement the responsibilities required by section 2 of this act, the [commissioner] director shall:
a. Review and evaluate, every 3 years, existing State programs and policies concerning energy emergency preparedness; and
b. Hold public hearings, as the [commissioner] director deems necessary, concerning energy supply shortages, energy emergency preparedness and related matters.
(cf: P.L.1983, c.559, s.3)
103. Section 15 of P.L.1977, c.146 (C.52:27F-17) is amended to read as follows:
15. a. Upon a finding by the [commissioner] director that there exists or impends an energy supply shortage of a dimension which endangers the public health, safety, or welfare in all or any part of the State, the Governor is authorized to proclaim by executive order a state of energy emergency for a period of up to 6 months. The Governor may limit the applicability of any such state of emergency to specific kinds of energy forms or to specific areas of the State in which such a shortage exists or impends.
b. During the duration of a state of energy emergency the [commissioner] director to the extent not in conflict with applicable Federal law or regulation but notwithstanding any State or local law or contractual agreement, shall be empowered to:
(1) Order any person to reduce by a specified amount the use of any energy form; to make use of an alternate energy form, where possible; or to cease the use of any energy form;
(2) Order any person engaged in the distribution of any energy form to reduce or increase by a specified amount or to cease the distribution of such energy form; to distribute a specified amount and type of energy form to certain users as specified by the [commissioner] director; or to share supplies of any energy form with other distributors thereof;
(3) Establish priorities for the distribution of any energy form;
(4) Regulate and control the distribution and sale of any energy form by:
(a) Establishing such limitations, priorities, or rationing procedures as shall be necessary to insure a fair and equitable distribution of available supplies;
(b) Establishing minimum and maximum quantities to be sold to any purchaser;
(c) Fixing the days and hours of access to retail dealers;
(d) Compelling sales to members of the general public during times when a retail dealer is open for the sale of an energy form;
(e) Establishing methods for notifying the public by flags, symbols, or other appropriate means whether such retail dealers are open and selling the subject energy form;
(5) Direct the heads of those departments and agencies within State Government that were ordered to develop contingency plans pursuant to section 14 of this act to implement said plans;
(6) Adopt and promulgate such rules and regulations as are necessary and proper to carry out the purposes of this section.
c. During the existence of a state of energy emergency, the Governor may order the suspension of any laws, rules, regulations, or orders of any department or agency in State Government or within any political subdivision which deal with or affect energy and which impede his ability to alleviate or terminate a state of energy emergency.
d. Any aggrieved person, upon application to the [commissioner] director shall be granted a review of whether the continuance of any order issued by the commissioner pursuant to this section is unreasonable in light of then prevailing conditions of emergency.
e. During a state of energy emergency the [commissioner] director may require any other department or other agency within State Government to provide such information, assistance, resources, and personnel as shall be necessary to discharge his functions and responsibilities under this act, rules and regulations adopted hereunder, or applicable Federal law and regulations.
f. The powers granted to the Governor and the [commissioner] director under this section shall be in addition to and not in limitation of any emergency powers now or hereafter vested in the Governor, the [commissioner] director, or any other State Government department or agency pursuant to any other laws, including but not limited to any power vested in the Board of Public [Utilities] Utility Commissioners to require utility companies to allocate available supplies of energy; provided, however, that upon declaring a state of energy emergency, the Governor may supersede any other such emergency powers.
g. The state of energy emergency declared by the Governor pursuant to this section shall remain in effect until the Governor declares by a subsequent executive order that the state of energy emergency has terminated.
(cf: P.L.1977, c.146, s.15)
104. Section 16 of P.L.1977, c.146 (C.52:27F-18) is amended to read as follows:
16. a. The [commissioner] director shall adopt rules and regulations requiring the periodic reporting by energy industries of energy information which shall include but not be limited to the following:
(1) Electrical generating capacity in the State; long-range plans for additions to said capacity; efficiency of electrical generation; price and cost factors in electrical generation; types and quantities of fuels used; projections of future demand, consumption of electricity by sectors; times, duration, and levels of peak demand;
(2) Petroleum refining capacity; amount and type of fuel produced; amount and type of fuel sold; interstate transfers of fuel; price and cost factors in refining, production, and sale; long-term plans for alterations or additions to refining capacity; location, amount, and type of fuel storage;
(3) Storage capacity for gases; amount and end uses of gases sold; price and cost factors in the sale and use of gases; and
(4) Such other information as the [commissioner] director may determine necessary for carrying out the purposes of this act.
b. The [commissioner] director shall at least annually publish a report analyzing all energy information collected.
c. The [commissioner] director shall have the discretion to obtain energy information from an affiliate of any energy industry or from an association or organization of industries of which any such energy industry is a member. Whenever energy information supplied by an energy industry is so obtained by the [commissioner] director, the energy industry to which such information pertains shall be promptly notified of the energy information so obtained and shall be given an opportunity to correct or amplify such information.
d. Trade secrets collected under this section shall be exempt from the requirements of P.L.1963, c.73 (C.47:1A-1 et seq.). The [commissioner] director shall promulgate rules and regulations for the conduct of administrative hearings on the issue of whether certain energy information should not be disclosed to the public.
(cf: P.L.1977, c.146, s.16)
105. Section 17 of P.L.1977, c.146 (C.52:27F-19) is amended to read as follows:
17. No person who is an official or employee of the [department] division shall participate in any manner in any decision or action of the [department] division wherein he has a direct or indirect financial interest.
(cf: P.L.1977, c.146, s.17)
106. Section 18 of P.L.1977, c.146 (C.52:27F-20) is amended to read as follows:
18. The [commissioner] director may issue subpenas requiring the attendance and testimony of witnesses and the production of books, documents, papers, statistics, data, information, and records for the purpose of carrying out any of his responsibilities under this act. Whenever there arises a refusal to honor his subpena, the [commissioner] director may petition a court of competent jurisdiction for an order requiring the attendance and testimony of a witness or the production of the requested books, documents, papers, statistics, data, information, and records. Any failure to obey such an order issued by a court shall be punished by the court as a contempt thereof.
(cf: P.L.1977, c.146, s.18)
107. Section 19 of P.L.1977, c.146 (C.52:27F-21) is amended to read as follows:
19. a. Upon a violation of this act or of any rules, regulations, or orders promulgated hereunder, the [commissioner] director, the county prosecutor of the county in which the violation occurs if he has the approval of the [commissioner] director, or any aggrieved person shall be entitled to institute a civil action in a court of competent jurisdiction for injunctive relief to restrain such violation and for such other relief as the court shall deem proper. The court may proceed in a summary manner.
b. Except as otherwise specifically provided, any person who violates the provisions of this act or any rule, regulation or order adopted pursuant to this act shall be liable to a penalty of not more than $300[.00] for the first offense and not more than $3,000[.00] for the second or any subsequent offense, to be collected in a civil action by a summary proceeding under "the penalty enforcement law" (N.J.S.2A:58-1 et seq.), or in any case before a court of competent jurisdiction wherein injunctive relief has been requested. The Superior Court shall also have jurisdiction to enforce "the penalty enforcement law." If the violation is of a continuing nature, each day during which it continues shall constitute an additional, separate and distinct offense.
c. The [department] division may compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.
(cf: P.L.1980, c.152, s.1)
108. Section 22 of P.L.1977, c.146 (C.52:27F-24) is amended to read as follows:
22. a. Any person who violates any provision of section 15 (C.52:27F-17) of this act, or any rule, regulation or order adopted pursuant thereto, shall be liable to a penalty of not more than $500[.00] for the first offense and not more than $5,000[.00] for the second or any subsequent offense.
b. In addition to any other penalties provided under this or any other act, the [commissioner] director may recommend to the appropriate agency the suspension or revocation of the license of any retail dealer, gasoline jobber, wholesale dealer, distributor, or supplier of fuel, who has violated this act or any rules, regulations, or orders promulgated hereunder.
c. All penalties imposed pursuant to this section shall be collected in a civil action by a summary proceeding under the "penalty enforcement law" (N.J.S.2A:58-1 et seq.). If the violation is of a continuing nature, each day during which it continues shall constitute an additional and separate offense. In addition to the jurisdiction conferred by N.J.S.2A:58-2, the municipal court and the Superior Court shall have jurisdiction of proceedings initiated on or after June 20, 1979 for the enforcement of the penalties provided by this section.
d. The [department] division may compromise and settle any claim for a penalty under this section in such amount in the discretion of the department as may appear appropriate and equitable under all of the circumstances.
(cf: P.L.1980, c.152, s.2)
109. Section 2 of P.L.1981, c.122 (C.52:27H-2) is amended to read as follows:
2. The Legislature finds and determines that the well-being of the people of New Jersey, and of their institutions, including government, is directly related to the well-being of New Jersey's business and industrial enterprises, including the housing industry and small business enterprises, which provide the economic base of employment and taxes upon which all other institutions of society depend.
[The Legislature further finds and determines that a secure, stable and adequate supply of energy at reasonable prices is vital to the State's economy and for the promotion of economic opportunity in the State, as well as for ensuring the public health, safety and welfare. The Legislature further finds that reducing energy costs is essential to reducing the costs of doing business in this State, which in turn will promote and maximize economic growth, speed business development, promote employment and ensure general prosperity in the State.
The Legislature further finds and determines that the principal methods for achieving the goals of this act include: the widespread use of alternative energy sources, including electric cogeneration of energy, with independent power producers selling excess power to utilities; the fullest possible cost-effective implementation of energy conservation programs; and the introduction of market-based pricing principles and competition in the setting of rates for electricity, natural gas and other energy forms.
The Legislature further finds that the original mission of a separate Department of Energy--to address and solve the problems caused by threatened catastrophic loss of near-and-long-term energy sources--no longer justifies retaining a separate Department of Energy as a principal department within the Executive Branch. The Legislature further finds that it is in the best interests of the citizens of this State that a single principal department within the Executive Branch of this State coordinate the promotion of the State's economy and serve as a focus for business and industrial concerns, promote the availability of energy at reasonable prices to all consumers and integrate the State's economic, business and energy policies and programs to retain and to enhance this State's economic health and to ensure that the State's economy remains competitive. The Legislature further finds and determines that an important method to achieve these goals is to promote and assist the development and utilization of cogeneration of energy and programs of energy conservation.]
The Legislature further finds and determines that New Jersey's economy has deteriorated in recent years from its one-time position of national prominence and leadership in many fields of business and industry, a trend particularly evident in the almost continuous decline of manufacturing employment over a span of a decade or more, a fact which has had significant and deleterious effects upon the economy of the State, impacting adversely upon a broad cross-section of New Jersey's citizenry.
The Legislature further finds and determines that the variety and magnitude of New Jersey's economic development programs have now reached a level that warrants their consolidation into a separate cabinet-level administrative department devoted exclusively to monitoring the interests and concerns of business and industry, maintaining continuous liaison with the business community and its leadership for the purpose of assisting in the formulation and direction of economic policy so as to provide business and industry the optimum climate within which enterprises may grow and prosper to the benefit of society as a whole. The Legislature also finds that the variety and complexity of programs which serve to protect the occupational health and safety of workers at the work place, to provide skill development and training programs, to provide employability development and employment placement programs, to administer the programs designed to protect the income security of our workers, to assist in the development and preservation of sound labor management relations and to maintain continuing liaison with organized labor and its leadership for the purpose of assisting in the formulation and direction of policy so as to provide the optimum climate within which organized labor can serve the needs of New Jersey's working men and women, warrants a cabinet level department devoted exclusively to this purpose which shall be known as the Department of Labor.
The Legislature, therefore, declares it to be in the best interest of the citizens of this State to establish a principal department within the Executive Branch to serve as a focus for business and industrial problems and concerns; as a center for gathering and disseminating appropriate data and information of significance to the business community; to continually analyze such data and to help formulate economic policies of the State on the basis thereof; to serve as a major focal point for economic development activities in cooperation with other entities, public and private, active in this field; to serve as a voice for and advocate of the interests of the business sector, not only within the highest councils of the Executive Branch but also before the Legislature and the general public; to assist in translating input it receives into programs and policies of the State itself to the end that New Jersey citizens shall enjoy optimum economic security and the highest possible standard of living; to assist in coordinating authority, regulation and planning by the State in matters related to the economy.
(cf: P.L.1987, c.365, s.1)
110. Section 3 of P.L.1981, c.122 (C.52:27H-3) is amended to read as follows:
3. As used in this act:
a. "Commissioner" means the Commissioner of the Department of Commerce[, Energy] and Economic Development.
b. "Department" means the Department of Commerce[, Energy] and Economic Development established by this act.
(cf: P.L.1987, c.365, s.2)
111. Section 4 of P.L.1981, c.122 (C.52:27H-4) is amended to read as follows:
4. There is established in the Executive Branch of the State Government a principal department which shall be known as the Department of Commerce[, Energy] and Economic Development.
(cf: P.L.1987, c.365, s.3)
112. Section 5 of P.L.1981, c.122 (C.52:27H-5) is amended to read as follows:
5. The administrator and chief executive officer of the department shall be a commissioner, who shall be known as the Commissioner of Commerce[, Energy] and Economic Development, and who shall be a person qualified by training and experience to perform the duties of his office. The commissioner shall be appointed by the Governor, with the advice and consent of the Senate, and shall serve at the pleasure of the Governor during the Governor's term of office and until the appointment and qualification of the commissioner's successor. He shall devote his entire time to the duties of the office and shall receive such salary as shall be provided by law. Any vacancy occurring in the office of the commissioner shall be filled in the same manner as the original appointment.
(cf: P.L.1987, c.365, s.4)
113. Section 10 of P.L.1987, c.365 (C.52:27H-20.3) is amended to read as follows:
10. a. The New Jersey Public Broadcasting Authority, allocated within the Department of Energy pursuant to P.L.1977, c.146 (C.52:27F-1 et seq.), together with all its functions, powers and duties is continued and is transferred to and constituted the New Jersey Public Broadcasting Authority in but not of the Department of Commerce[, Energy] and Economic Development. Notwithstanding this allocation, the authority shall be independent of any supervision or control by the Department of Commerce[, Energy] and Economic Development or by any officer or employee thereof. This act shall not affect the terms of office of, nor the salaries received by, the present members of the New Jersey Public Broadcasting Authority, or of any officers or employees thereof.
b. Whenever in any law, rule, regulation, order, contract, document, judicial or administrative proceeding or otherwise, reference is made to the New Jersey Public Broadcasting Authority in the Department of Energy, the same shall mean and refer to the New Jersey Public Broadcasting Authority in the Department of Commerce[, Energy] and Economic Development.
(cf: P.L.1987, c.365, s.10)
114. (New section) The provisions of any statute which are inconsistent with P.L. , c. (C. ) (pending in the Legislature as this bill) shall be null and void.
115. This act shall take effect immediately.
STATEMENT
The bill would reorganize and transfer the Board of Regulatory Commissioners and the energy planning functions in the Department of Environmental Protection into an independent Board of Public Utility Commissioners in but not of the Department of the Treasury. The bill would invalidate many provisions of Reorganization Plan No. 002-1991.
The board would not be subject to the provisions of the "Executive Reorganization Act," and hence could not be transferred except by legislative action. The principal office of the board would be in Newark, and decisions concerning board offices would be made by the board rather than the Governor. The board would be mandated to hire its own counsel for administrative purposes.
The bill also codifies the 1991 reorganization plan transfer to the DEP of the board's authority in rate making and public utility aspects of solid waste collection and disposal facilities and operations under the "Solid Waste Utility Control Act," P.L.1970, c.40 (C.48:13A-1 et seq.).
The Division of Energy Planning and Conservation, which was abolished by the 1991 reorganization plan, is reestablished in the Board of Public Utility Commissioners. The Advisory Council on Energy Planning and Conservation, and all energy planning functions that were transferred to the DEP, are transferred back to the division. The director of the division is given essentially the same regulatory authority as the former Commissioner of Energy, and is charged with cooperating with the board in the collection of energy information. The Office of Energy Planning created in the DEP by the reorganization plan is continued and shall perform such functions as the Commissioner of Environmental Protection shall prescribe.
The bill also amends many sections of law to conform them to the transfers made in the bill. The board is uniformly renamed the Board of Public Utility Commissioners throughout chapters 2 and 3 of Title 48. The Department of Commerce, Energy and Economic Development is renamed the Department of Commerce and Economic Development to reflect its current purpose. The Department of Environmental Protection and Energy, as it is denominated in the reorganization plan, is formally renamed the Department of Environmental Protection.
Reorganizes public utility and energy regulation.