[Corrected Copy]

[First Reprint]

ASSEMBLY, No. 496

STATE OF NEW JERSEY

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen ROBERTS and STUHLTRAGER

An Act concerning certain host municipality benefits and amending P.L.1985, c.38.

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

    1. Section 40 of P.L.1985, c.38 (C.48:13A-5.1) is amended to read as follows:

    40. a. The person holding the franchise for a resource recovery facility pursuant to the provisions of section 6 of P.L.1970, c.40 (C.48:13A-5) shall, on or before January 25 of each year, file with the chief fiscal officer of the municipality wherein the resource recovery facility is located a statement, verified by oath, showing the total number of tons of solid waste accepted for disposal at the resource recovery facility during the preceding calendar year, and shall at the time pay to the chief fiscal officer a sum equal to at least $1.00 per ton of all solid waste accepted for disposal at the resource recovery facility. A municipality may negotiate with the person holding the franchise for a resource recovery facility or the contracting unit, or both as the case may be, for an amount exceeding the amount provided for in this section.

    b. If any municipality borders a municipality wherein a resource recovery facility is located and the municipal boundary of the contiguous municipality is within one-half mile of the incinerator building of the resource recovery facility, the contiguous municipality shall be entitled to an annual economic benefit to be agreed upon by the governing body of the contiguous municipality and the person holding the franchise for the resource recovery facility or the contracting unit, or both, as the case may be. The governing body of the contiguous municipality, and the person holding the franchise for the resource recovery facility or the contracting unit, or both, as the case may be, shall consider the level of truck traffic in the contiguous municipality, the proximity of the incinerator building to inhabited areas of the contiguous municipality and the type of land use in the contiguous municipality surrounding the facility in negotiating the annual economic benefit.

    ¹If the governing body of the contiguous municipality and the person holding the franchise for the resource recovery facility or the contracting unit, or both, as the case may be, fail to agree upon an annual economic benefit as provided in this subsection, any party to the failed negotiations may request the Department of Environmental Protection to determine an appropriate benefit, in which case the Commissioner of Environmental Protection shall make that determination and the terms and conditions of any annual economic benefit so determined shall remain subject to the continuing jurisdiction of the department. In making the determination of the annual economic benefit, the commissioner shall consider the level of truck traffic in the contiguous municipality, the proximity of the incinerator building to inhabited areas of the contiguous municipality and the type of land use in the contiguous municipality surrounding the facility. For the purposes of this subsection, "contiguous municipality" shall mean a municipality in which is located the only public roads or highways providing vehicular access to the resource recovery facility.¹

    c. If more than one contiguous municipality is to receive an annual economic benefit as provided in subsection b. of this section, the person holding the franchise for the resource recovery facility shall provide each affected municipality with the annual statement of tonnage accepted at the facility required by subsection a. of this section, and shall pay to the chief fiscal officer of the appropriate municipality the amount due as provided in subsection b. of this section.

    d. The provisions of subsections b. and c. of this section shall not apply to ¹(1)¹ any contracting unit which has negotiated a contract for resource recovery facilities or services with a vendor prior to January 25, 1986, and has held a public hearing on the contract pursuant to the provisions of sections 26 and 27 of P.L.1985, c.38 (C.13:1E-161 and 13:1E-162)¹; (2) any publicly-owned resource recovery facility; (3) any person holding the franchise for the resource recovery facility which is a 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 (4) any contracting unit which has negotiated a contract for resource recovery facilities or services with a vendor pursuant to the provisions of P.L.1985, c.38 (C.13:1E-136 et al.)¹.

(cf: P.L.1985, c.38, s.40)

    2. This act shall take effect immediately.

Provides annual economic benefit to municipality contiguous to host municipality of resource recovery facility.