ASSEMBLY AGRICULTURE AND WASTE MANAGEMENT COMMITTEE

STATEMENT TO

ASSEMBLY, No. 676

with committee amendments

STATE OF NEW JERSEY

DATED: FEBRUARY 22, 1996

      The Agriculture and Waste Management Committee favorably reports Assembly Bill No. 676, with committee amendments.

      As amended, Assembly Bill No. 676 would encourage and, in certain instances, require the use of railroads for the transportation of solid waste to out-of-state disposal facilities.

       The bill provides that 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 under the so-called "McEnroe Act," P.L.1985, c.38 (C.13:1E-136 et seq.), must consider the mode of transportation, and railroad as the most preferred mode.

      The bill requires a contracting unit seeking to award a contract under the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.) for the transportation and disposal of residual ash or nonprocessible solid waste to a designated out-of-state disposal facility to provide the lowest responsible bidder proposing to provide those services by railroad the opportunity to match the lowest responsible bid 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 must award the contract to that bidder.

      The bill also requires the contracting unit seeking to award a contract under the "Local Public Contracts Law" for the pickup and transportation of municipal solid waste to a designated out-of-state facility for disposal to provide the lowest responsible bidder proposing to provide the transportation component of those services by railroad the opportunity to match the lowest responsible bid 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 must award the contract to that bidder.

      Nothing in this bill is intended to require a contracting unit to provide any necessary transportation from the site from which the solid waste will be collected to the railroad.

      Committee amendments would: (1) delete the provision of the bill providing that all existing contracts for the transportation of solid waste to a designated out-of-state disposal facility would expire 90 days after the bill's effective date; (2) clarify that the bill would not apply to contracts for the transportation of recyclable materials; (3) require the contracting unit seeking to award a contract under the "Local Public Contracts Law" to provide the lowest responsible bidder proposing to provide the transportation services by railroad 10 days to match the lowest responsible bid; and (4) make several changes of a technical nature.

      This bill was pre-filed for introduction in the 1996-1997 session pending technical review. As reported, the bill includes the changes required by technical review, which has been performed.