[First Reprint]

ASSEMBLY, No. 676

 

STATE OF NEW JERSEY

 

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

 

 

By Assemblyman BAGGER

 

 

An Act concerning the transportation of solid waste, amending P.L.1985, c.38, 1P.L.1975, c.353,1 and amending and supplementing P.L.1971, c.198.

 

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

 

    1. 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, or for the provision of resource recovery services;

    [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 1[Rate Counsel] the Ratepayer Advocate1" means the Division of 1[Rate Counsel in the Department of the Public Advocate] the Ratepayer Advocate in the Board of Public Utilities pursuant to Reorganization Plan No. 001-1994, effective on July 4, 19941 ;

    [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 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;

    "Resource recovery services" means any service provided by a qualified vendor, including but not limited to, the transportation or disposal of residual ash or the solid waste delivered to a resource recovery facility which cannot be processed at the resource recovery facility1[, including hazardous waste and recovered metals and other materials for reuse]1;

    [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)

 

    2. 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)

 

    3. Section 19 of P.L.1985, c.38 (C.13:1E-154) is amended to read as follows:

    19. a. A contracting unit which intends to enter into a contract with a vendor pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.) shall issue a request for qualifications of interested vendors. The request for qualifications shall include a general description of the resource recovery facility or resource recovery services required by the contracting unit, the minimum acceptable qualifications to be possessed by a vendor proposing to enter into a contract for the design, financing, construction, operation or maintenance, or any combination thereof, of a resource recovery facility, or for the provision of [these] resource recovery services, and the date by which vendors must submit their qualifications. 1[If the resource recovery services required by the contracting unit include transportation and disposal of residual ash or nonprocessible solid waste, the contracting unit shall consider proposals for transportation and disposal by a single vendor.]1 In addition to all other factors bearing on qualifications, the contracting unit shall consider the reputation and experience of the vendor, and may consider information which might result in debarment or suspension of a vendor from State contracting, and may disqualify a vendor if the vendor has been debarred or suspended by any State agency. The request for qualifications shall be published in at least one appropriate professional or trade journal, and in at least one newspaper of general circulation in the jurisdiction which would be served under the terms of the proposed contract.

    b. After reviewing the qualifications submitted by vendors pursuant to subsection a. of this section, the contracting unit shall establish a list of qualified vendors, which shall include the criteria applied by the contracting unit in selecting the qualified vendors, and shall publish the list in the same publications in which the requests for qualifications were published pursuant to subsection a. of this section. Any vendor designated by a contracting unit as a qualified vendor shall be a person or party financially, technically and administratively capable of undertaking the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility, or [for] of providing resource recovery services.

(cf: P.L.1985, c.38, s.19)

 

    4. Section 20 of P.L.1985, c.38 (C.13:1E-155) is amended to read as follows:

    20. Upon the selection of qualified vendors pursuant to the provisions of section 19 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-154), the contracting unit shall issue a request for proposals to the qualified vendors, which shall include a detailed description of the resource recovery facility [and] or resource recovery services required, the format and procedure to be followed in submitting proposals, the specific information which qualified vendors must provide in the proposal, a statement setting forth the relative importance of factors, including cost, which the contracting unit will consider in evaluating a proposal submitted by a qualified vendor, and any other information which the contracting unit deems appropriate. A contracting unit issuing a request for proposals for the transportation and disposal of residual ash or nonprocessible solid waste to a designated out-of-state disposal facility shall consider the mode of transportation, and railroad as the most preferred mode. The request for proposals shall include the date and time of day by which, and the place at which, the proposals shall be submitted to the contracting unit. The contracting unit may extend the deadline for submission of proposals, but this extension shall apply to all qualified vendors, who shall be provided with simultaneous written notification of this extension.

(cf: P.L.1985, c.38, s.20)

 

    5. Section 22 of P.L.1985, c.38 (C.13:1E-157) is amended to read as follows:

    22. Upon a review of the proposals submitted by qualified vendors pursuant to section 21 of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-156) amendatory and supplementary act, a contracting unit shall designate one or more qualified vendors whose proposal or proposals the contracting unit finds in writing to be the most advantageous to the public, taking into consideration price and the evaluation factors set forth in the request for proposals. A contracting unit issuing a request for proposals for the transportation and disposal of residual ash or nonprocessible solid waste to a designated out-of-state disposal facility shall consider the mode of transportation, and railroad as the most preferred mode. Upon making this designation, the contracting unit may begin negotiations with the qualified vendor or vendors, and may negotiate a proposed contract with a qualified vendor or vendors, which shall include the accepted proposal.

(cf: P.L.1985, c.38, s.22)

 

    6. 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 1[Rate Counsel] the Ratepayer Advocate1 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)

 

    7. 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 1[Rate Counsel] the Ratepayer Advocate1 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)

 

    8. 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 1[Rate Counsel] the Ratepayer Advocate1 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 1[Rate Counsel] the Ratepayer Advocate1, as the case may be.

(cf: P.L.1985, c.38, s.25)

 

    9. 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] 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 1[Rate Counsel] the Ratepayer Advocate1, 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)

 

    10. 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 1[Rate Counsel] the Ratepayer Advocate1.

(cf: P.L.1985, c.38, s.27)

 

    11. Section 28 of P.L.1985, c.38 (C.13:1E-163) is amended to read as follows:

    28. a. 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 environmental 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.

    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] P.L.1985, c.38 (C.13:1E-162), the [Board of Public Utilities] department 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 [board] department shall approve the proposed contract if it finds in writing that the financial terms of the proposed contract are in the public interest.

    If the [board] 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 [board] department a revised proposed contract. If the [board] 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 reviewing and approving the contract, the [Board of Public Utilities] department shall not determine a rate base for, or otherwise regulate the tariffs or return of, the proposed resource recovery facility. The [board] department shall not, thereafter, conduct any further review of the contract.

    d. Notwithstanding the provisions of subsection c. of this section, all parties to any contract may request the [board] department to determine a rate base for the proposed resource recovery facility, in which case the [board] department may make that determination and the terms of any contract so approved shall remain subject to the continuing jurisdiction of the [board] department.

(cf: P.L.1985, c.38, s.28)

 

    12. Section 29 of P.L.1985, c.38 (C.13:1E-164) is amended to read as follows:

    29. Any contract to be awarded to a vendor pursuant to the provisions of [this amendatory and supplementary act] P.L.1985, c.38 (C.13:1E-136 et al.) or pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) or any other contracting procedure permitted by law for resource recovery facilities, or the provision of resource recovery services, shall include, where applicable, but need not be limited to, provisions concerning:

    a. Allocation of the risks of financing and constructing a resource recovery facility, [such] which risks [to] shall include, but need not be limited to:

    (1) Delays in project completion;

    (2) Construction cost overruns and change orders;

    (3) Changes necessitated by revisions in laws, rules or regulations;

    (4) Failure to achieve the required operating performance;

    (5) Loss of tax benefits; and

    (6) The need for additional equity contributions;

    b. Allocation of the risks of operating and maintaining a resource recovery facility, [such] which risks [to] shall include, but need not be limited to:

    (1) Excess downtime or technical failure;

    (2) Excess labor or materials costs due to underestimation;

    (3) Changes in operating procedure necessitated by revisions in laws, rules or regulations;

    (4) Changes in the amount or composition of the solid waste delivered for disposal;

    (5) Excess operation or maintenance costs due to poor management;

    (6) [Increased] The increased costs [of] associated with the disposal of the residual ash generated at a resource recovery facility [residue];

    (7) The increased costs associated with the disposal of solid waste delivered to a resource recovery facility which cannot be processed at the facility; and

    (8) The costs of disposal of recovered material which cannot be sold;

    c. Allocation of the risks associated with circumstances beyond the control of any party to the contract;

    d. Allocation of the revenues from the sale of energy or other recovered metals and other materials for reuse;

    e. Default and termination of the contract;

    f. The periodic preparation by the vendor of an operating performance report and an audited balance statement of the facility which shall be submitted to the contracting unit, the department and the Division of Local Government Services in the Department of Community Affairs;

    g. The intervals at which the contract shall be renegotiated;

    h. Employment of current employees of the contracting unit whose positions will be affected by the terms of the contract;

    i. Competitive bidding procedures, or other methods of cost control, to be utilized by the vendor in obtaining any goods or services the cost of which will automatically be included, pursuant to the terms of the contract, in the rates to be charged at the resource recovery facility; and

    j. The formulas to be used to determine the charges, rates, or fees to be charged for the resource recovery services, and the methodology or methodologies used to develop these formulas.

(cf: P.L.1985, c.38, s.29)

 

    13. 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] the Ratepayer Advocate 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] the Ratepayer Advocate may assess the vendor pursuant to the provisions of this section.

    a. Whenever a contracting unit shall first submit a proposed contract for the provision of resource recovery services to the department and the Division of Local Government Services for review and approval pursuant to the provisions of 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 vendor's estimated annual gross revenues for the first year of the contract. Thereafter, the vendor shall be assessed in the manner provided for in section 20 of P.L.1974, c.27 (C.52:27E-19).

    b. Whenever a contracting unit shall first submit a proposed contract for the design, financing, construction, operation, or maintenance, or any combination thereof, of a resource recovery facility 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)

 

    14. 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)

 

    15. 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)

 

    1[16. Section 2 of P.L.1971, c.198 (C.40A:11-2) is amended to read as follows:

    2. As used herein the following words have the following definitions, unless the context otherwise indicates:

    (1) "Contracting unit" means:

    (a) Any county; or

    (b) Any municipality; or

    (c) 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 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, the cost or contract price of which is to be paid with or out of public funds.

    The term shall not include a private firm that has entered into a contract with a public entity for the provision of water supply services pursuant to P.L.1995, c.101 (C.58:26-19 et al.).

    "Contracting unit" shall not include a private firm or public authority that has entered into a contract with a public entity for the provision of wastewater treatment services pursuant to P.L.1995, c.216 (C.58:27-19 et al.).

    (2) "Governing body" means:

    (a) The governing body of the county, when the purchase is to be made or the contract or agreement is to be entered into by, or in behalf of, a county; or

    (b) The governing body of the municipality, when the purchase is to be made or the contract or agreement is to be entered into by, or on behalf of, a municipality; or

    (c) Any board, commission, committee, authority or agency of the character described in subsection (1)(c) of this section.

    (3) "Contracting agent" means the governing body of a contracting unit, or any board, commission, committee, officer, department, branch or agency which has the power to prepare the advertisements, to advertise for and receive bids and, as permitted by this act, to make awards for the contracting unit in connection with purchases, contracts or agreements.

    (4) "Purchase" is a transaction, for a valuable consideration, creating or acquiring an interest in goods, services and property, except real property or any interest therein.

    (5) "Materials" includes goods and property subject to chapter 2 of Title 12A of the New Jersey Statutes, apparatus, or any other tangible thing, except real property or any interest therein.

    (6) "Professional services" means services rendered or performed by a person authorized by law to practice a recognized profession, whose practice is regulated by law, and the performance of which services requires knowledge of an advanced type in a field of learning acquired by a prolonged formal course of specialized instruction and study as distinguished from general academic instruction or apprenticeship and training. Professional services may also mean services rendered in the performance of work that is original and creative in character in a recognized field of artistic endeavor.

    (7) "Extraordinary unspecifiable services" means services which are specialized and qualitative in nature requiring expertise, extensive training and proven reputation in the field of endeavor.

    (8) "Project" means any work, undertaking, program, activity, development, redevelopment, construction or reconstruction of any area or areas.

    (9) "Work" includes services and any other activity of a tangible or intangible nature performed or assumed pursuant to a contract or agreement with a contracting unit.

    (10) "Homemaker--home health services" means at home personal care and home management provided to an individual or members of his family who reside with him, or both, necessitated by the individual's illness or incapacity. "Homemaker--home health services" includes, but is not limited to, the services of a trained homemaker.

    (11) "Recyclable material" means those materials which would otherwise become municipal solid waste, and which may be collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

    (12) "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.

    (13) "Marketing" means the marketing of designated recyclable materials source separated in a municipality which entails a marketing cost less than the cost of transporting the recyclable materials to solid waste facilities and disposing of the materials as municipal solid waste at the facility utilized by the municipality.

    (14) "Municipal solid waste" means all residential, commercial and institutional solid waste generated within the boundaries of a municipality.

    (15) "Distribution" (when used in relation to electricity) means the process of conveying electricity from a contracting unit who is a generator of electricity or a wholesale purchaser of electricity to retail customers or other end users of electricity.

    (16) "Transmission" (when used in relation to electricity) means the conveyance of electricity from its point of generation to a contracting unit who purchases it on a wholesale basis for resale.

    (17) "Disposition" means the transportation, placement, reuse, sale, donation, transfer or temporary storage of recyclable materials for all possible uses except for disposal as municipal solid waste.

    (18) "Cooperative marketing" means the joint marketing by two or more contracting units within the same county, or adjacent or proximate counties, of the source separated recyclable materials designated in a district recycling plan required pursuant to section 3 of P.L.1987, c.102 (C.13:1E-99.13) pursuant to a written cooperative agreement entered into by the participating contracting units therefor.

    (19) "Residual ash" means the bottom ash, fly ash, or any combination thereof, resulting from the combustion of solid waste at a resource recovery facility.

    (20) "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 facility constructed or operated for the collection, separation, recycling, and recovery of metals, glass, paper, and other materials for reuse or for energy production.

    (21) "Resource recovery services" means any service provided by a qualified vendor, including but not limited to, the transportation or disposal of residual ash or the solid waste delivered to a resource recovery facility which cannot be processed at the resource recovery facility, including hazardous waste and recovered metals and other materials for reuse.

    (22) "Solid waste collection" means the activity related to pickup and transportation of solid waste from its source or location to an authorized solid waste facility, but does not include activity related to the pickup, transportation or unloading of septic waste.

    (23) "Solid waste collection services" means the services provided by persons engaging in the business of solid waste collection.

    (24) "Solid waste collector" means a person engaged in the collection of solid waste and holding 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).

(cf: P.L.1995, c.216, s.10)]1


    1[17. Section 6 of P.L.1975, c.353 (C.40A:11-6.1) is amended to read as follows:

    6. a. All purchases, contracts or agreements which require public advertisement for bids shall be awarded to the lowest responsible bidder.

    Prior to the award of any other purchase, contract or agreement, the contracting agent shall, except in the case of the performance of professional services, solicit quotations, whenever practicable, on any such purchase, contract or agreement the estimated cost or price of which is $1,000.00 or more, and the award thereof shall be made, in accordance with sections 3 (C.40A:11-3) or 4 (C.40A:11-4), as the case may be, of the Local Public Contracts Law, on the basis of the lowest responsible quotation received, which quotation is most advantageous to the contracting unit, price and other factors considered; provided, however, that if the contracting agent deems it impracticable to solicit competitive quotations in the case of extraordinary, unspecifiable service, or, in the case of such or any other purchase, contract or agreement awarded hereunder, having sought such quotations determines that it should not be awarded on the basis of the lowest quotation received, the contracting agent shall file a statement of explanation of the reason or reasons therefor, which shall be placed on file with said purchase, contract or agreement.

     b. Notwithstanding the provisions of subsection a. of this section to the contrary, a contracting unit shall, prior to the award of a contract for the provision of solid waste collection services to a responsible bidder for the transportation and disposal of solid waste to a designated out-of-state disposal facility by truck, provide a responsible bidder proposing to transport the solid waste by railroad the opportunity to match the bid of the lowest responsible bidder. If the responsible bidder proposing to transport the solid waste by railroad matches the lowest responsible bid, the contracting unit shall award the contract to that bidder. If the solid waste collection services required by the contracting unit include transportation and disposal of solid waste, the contracting unit shall consider bids for transportation and disposal by a single bidder.

    c. Notwithstanding the provisions of subsection a. of this section to the contrary, a contracting unit shall, prior to the award of a contract for the provision of resource recovery services to a responsible bidder for the transportation and disposal of residual ash or nonprocessible solid waste to a designated out-of-state disposal facility by truck, provide a responsible bidder proposing to transport residual ash or nonprocessible solid waste by railroad the opportunity to match the bid of the lowest responsible bidder. If the responsible bidder proposing to transport the residual ash or nonprocessible solid waste by railroad matches the lowest responsible bid, the contracting unit shall award the contract to that bidder. If the resource recovery services required by the contracting unit include transportation and disposal of residual ash or nonprocessible solid waste, the contracting unit shall consider bids for transportation and disposal by a single bidder.

(cf: P.L.1983, c.418, s.1)]1

 

    116. (New section) As used in P.L. c. (C. )(now before the Legislature as this bill):

    "Residual ash" means the bottom ash, fly ash, or any combination thereof, resulting from the combustion of solid waste at a resource recovery facility.

    "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 facility constructed or operated for the collection, separation, recycling, and recovery of metals, glass, paper, and other materials for reuse or for energy production.

    "Resource recovery services" means any service provided by a qualified vendor, including but not limited to, the transportation or disposal of residual ash or the solid waste delivered to a resource recovery facility which cannot be processed at the resource recovery facility.

    "Solid waste collection" means the activity related to pickup and transportation of solid waste from its source or location to an authorized solid waste facility, but does not include activity related to the pickup, transportation or unloading of septic waste.

    "Solid waste collection services" means the services provided by persons engaging in the business of solid waste collection.

    "Solid waste collector" means a person engaged in the collection of solid waste and holding 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).1

 

    117. (New section) a. Notwithstanding the provisions of section 6 of P.L.1975, c.353 (C.40A:11-6.1) to the contrary, a contracting unit shall, prior to the award of a contract for the provision of solid waste collection services to a responsible bidder for the transportation and disposal of solid waste to a designated out-of-state disposal facility by truck, provide the lowest responsible bidder proposing to transport the solid waste by railroad the opportunity to match the bid of the lowest responsible bidder within 10 days of notification by the contracting unit. If the responsible bidder proposing to transport the solid waste by railroad matches the lowest responsible bid and satisfies all bid specifications as set forth by the contracting unit, the contracting unit shall award the contract to that bidder.

    b. Notwithstanding the provisions of section 6 of P.L.1975, c.353 (C.40A:11-6.1) to the contrary, a contracting unit shall, prior to the award of a contract for the provision of resource recovery services to a responsible bidder for the transportation and disposal of residual ash or nonprocessible solid waste to a designated out-of-state disposal facility by truck, provide the lowest responsible bidder proposing to transport residual ash or nonprocessible solid waste by railroad the opportunity to match the bid of the lowest responsible bidder within 10 days of notification by the contracting unit. If the responsible bidder proposing to transport the residual ash or nonprocessible solid waste by railroad matches the lowest responsible bid and satisfies all bid specifications as set forth by the contracting unit, the contracting unit shall award the contract to that bidder.1

 

    18. Section 15 of P.L.1971, c.198 (C.40A:11-15) is amended to read as follows:

    15. 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. 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 disposal of municipal solid waste, the collection and disposition of recyclable material, 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 in the Department of Community Affairs 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 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] shall be established as a percentage of the resultant savings in energy costs, for a term not to exceed 10 years; provided, however, that [such] these contracts shall be entered into only subject to and in accordance with rules and regulations [promulgated] 1adopted1 by the Department of Environmental Protection 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, and the Department of Environmental Protection pursuant to P.L.1985, c.37 (C.58:26-1 et al.), except for those contracts otherwise exempted pursuant to subsection (30), (31), (34) or (35) of this section. 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 1solid waste collection services or1 resource recovery services by a qualified vendor, 1including1 the disposal of the solid waste delivered for disposal which cannot be processed 1[by a] at the1 resource recovery facility or the residual ash generated at a resource recovery facility, 1[including hazardous waste and recovered metals and other materials for reuse,]1 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 and the Department of Environmental Protection pursuant to P.L.1985, c.38 (C.13:1E-136 et al); 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 facility constructed or operated for the collection, separation, recycling, and recovery of metals, glass, paper, and other materials for reuse or for energy production; 1[and]1 "residual ash" means the bottom ash, fly ash, or any combination thereof, resulting from the combustion of solid waste at a resource recovery facility; 1"solid waste collection services" means the services provided by persons engaging in the business of solid waste collection; and "resource recovery services" means any service provided by a qualified vendor, including but not limited to, the transportation or disposal of residual ash or the solid waste delivered to a resource recovery facility which cannot be processed at the resource recovery facility;1

    (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, 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 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 al.), except for those contracts otherwise exempted pursuant to subsection (36) of this section. For the purposes of this subsection, "wastewater treatment services" means any services 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;

    (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, 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 May 24, 1991, 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 contract includes the installation of tanks or other storage facilities by the supplier, on or near the premises of the contracting unit;

    (29) The performance of patient care services by contracted medical staff at county hospitals, correction facilities and long term care facilities, for any term of not more than three years;

    (30) The acquisition of an equitable interest in a water supply facility pursuant to section 2 of P.L.1993, c.381 (C.58:28-2), or an agreement entered into pursuant to the "County and Municipal Water Supply Act," N.J.S.40A:31-1 et seq., if the agreement is entered into no later than January 7, 1995, for any term of not more than 40 years;

    (31) The provision of water supply services or the financing, construction, operation or maintenance or any combination thereof, of a water supply facility or any component part or parts thereof, by a partnership or copartnership established pursuant to a contract authorized under section 2 of P.L.1993, c.381 (C.58:28-2), for a period not to exceed 40 years;

    (32) Laundry service and the rental, supply and cleaning of uniforms for any term of not more than three years;

    (33) The supplying of any product or the rendering of any service, including consulting services, by a cemetery management company for the maintenance and preservation of a municipal cemetery operating pursuant to the "New Jersey Cemetery Act," N.J.S.8A:1-1 et seq., for a term not exceeding 15 years;

    (34) A contract between a public entity and a private firm pursuant to P.L.1995, c.101 (C.58:26-19 et al.) for the provision of water supply services may be entered into for any term which, when all optional extension periods are added, may not exceed 40 years;

    (35) An agreement for the purchase of a supply of water from a public utility company subject to the jurisdiction of the Board of Public Utilities in accordance with tariffs and schedules of charges made, charged or exacted or contracts filed with the Board of Public Utilities, for any term of not more than 40 years;

    (36) A contract between a public entity and a private firm or public authority pursuant to P.L.1995, c.216 (C.58:27-19 et al.) for the provision of wastewater treatment services may be entered into for any term of not more than 40 years, including all optional extension periods; and

    (37) The operation and management of a facility under a license issued or permit approved by the Department of Environmental Protection, including a wastewater treatment system or a water supply or distribution facility, as the case may be, for any term of not more than seven years. For the purposes of this subsection, "wastewater treatment system" refers to facilities operated or maintained for the storage, collection, reduction, disposal, or other treatment of wastewater or sewage sludge, remediation of groundwater contamination, stormwater runoff, or the final disposal of residues resulting from the treatment of wastewater; and "water supply or distribution facility" refers to facilities operated or maintained for augmenting the natural water resources of the State, increasing the supply of water, conserving existing water resources, or distributing water to users.

    All multiyear 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, 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 subsections (16), (30), (31), (34), (35) or (37) 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), (36) or (37) above, and 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.1995, c.371, s.1)

 

    1[19. (New section) All existing contracts for the transportation of solid waste to a designated out-of-state disposal facility shall expire 90 days after the effective date of this act.]1

 

    1[20.] 19.1 This act shall take effect immediately.


 

Provides for the use of rail transport for the disposal of solid waste at out-of-state facilities.