ASSEMBLY, No. 1351
STATE OF NEW JERSEY
Introduced Pending Technical Review by Legislative Counsel
PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION
By Assemblyman STUHLTRAGER
An Act concerning litter pickup and removal, and amending P.L.1985, c.533.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 7 of P.L.1985, c.533 (C.13:1E-99.2) is amended to read as follows:
7. The Clean Communities Account is established as a nonlapsing, revolving fund in the Department of the Treasury to carry out the purposes of this act. The Clean Communities Account shall be administered by the Department of Environmental Protection and credited, in addition to any appropriations made thereto, with all taxes and penalties levied or imposed pursuant to sections 6 and 10 of P.L.1985, c.533 (C.13:1E-99.1 and 13:1E-99.5), and any sums received as voluntary contributions from private sources. Interest received on moneys in the account shall be credited to the account. Unless otherwise expressly provided by the specific appropriation thereof by the Legislature, all available moneys in the Clean Communities Account shall be appropriated annually solely for the following purposes and no others:
a. 5% of the estimated annual balance of the account shall be used for a State program of litter pickup and removal, of public education and information relating to litter abatement and of enforcement of litter-related laws and ordinances in State owned places and areas that are accessible to the public;
b. 50% of the estimated annual balance of the account shall be distributed as State aid to eligible municipalities with total housing units of 200 or more for programs of litter pickup and removal, including establishing an "Adopt-A-Highway" program, of public education and information relating to litter abatement and of enforcement of litter-related laws and ordinances. The amount of State aid due each municipality shall be solely calculated based on the proportion which the housing units of a qualifying municipality bear to the total housing units in the State. Total housing units shall be determined using the most recent federal decennial population estimates for New Jersey and its municipalities, filed in the office of the Secretary of State;
c. 30% of the estimated annual balance of the account shall be distributed as State aid to eligible municipalities with total housing units of 200 or more for programs of litter pickup and removal, including establishing an "Adopt-A-Highway" program, of public education and information relating to litter abatement and of enforcement of litter-related laws and ordinances. The amount of State aid due each municipality shall be solely calculated based on the proportion which the municipal road mileage of a qualifying municipality bears to the total municipal road mileage within the State. For the purposes of this subsection, "municipal road mileage" means that road mileage under the jurisdiction of municipalities, as determined by the Department of Transportation;
d. 10% of the estimated annual balance of the account shall be distributed as State aid to eligible counties for programs of litter pickup and removal, including , but not limited to, establishing an "Adopt-A-Highway" program, programs of public education and information relating to litter abatement [and], programs of enforcement of litter-related laws and ordinances and programs which employ inmates sentenced to county correctional facilities classified as minimum security inmates. The amount of State aid due each county shall be solely calculated based on the proportion which the county road mileage of an eligible county bears to the total county road mileage within the State. For the purposes of this subsection, "county road mileage" means that road mileage under the jurisdiction of counties, as determined by the Department of Transportation;
e. The Department of Environmental Protection shall develop model municipal and county litter control programs, including a county correctional program, to be developed in conjunction with the Department of Corrections, to employ inmates sentenced to county correctional facilities classified as minimum security inmates to pick up and remove litter from county parks, waterfronts and areas that are accessible to the public. A model county or municipal litter control program shall provide that funds distributed from the Clean Communities Account to a county or municipality shall be used solely to supplement existing litter pickup and removal activities, and that that portion of the litter picked up with State aid made available pursuant to this subsection which is recyclable shall be recycled.
(1) To be eligible for State aid under this section, a municipality or county must certify to the Department of Environmental Protection the adoption of one of the programs. Upon certification by the municipality or county of the enactment of an ordinance or resolution or regional plan establishing one of the model programs, the department shall distribute the State aid based upon the percentage distribution specified in this section subject to the appropriation made therefor. Failure by a municipality or county to certify to the department the adoption by resolution, ordinance, or regional plan, of the required model program by a date to be determined by the department shall result in that municipality's or county's State aid being added to the total amount to be allocated among all eligible recipients during that year.
(2) Every county and municipality shall submit an annual report to the Department of Environmental Protection on the implementation of the model program and the expenditure of funds. Failure to submit a report or submission of an unsatisfactory report shall result in a denial of future funds and an obligation to return the funds received.
(3) No eligible municipality shall receive less than $4,000.00 in State aid as apportioned pursuant to subsections b. and c. of this section. A municipality or county may use up to 5% of its State aid for administrative expenses;
f. 5% of the estimated annual balance of the account shall be used by the department for State administrative expenses and a State public information and education program concerning antilittering activities and other aspects of responsible solid waste [handling behavior] management;
g. The department shall annually submit a report to the Governor and the Legislature detailing the administration of and disbursements made from the Clean Communities Account during the previous calendar year, including the uses and expenditure of moneys appropriated to the department pursuant to subsections a. and f. of this section.
(cf: P.L.1992, c.150, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill expands the permitted uses of funds available from the Clean Communities Account established under P.L.1985, c.533 by counties, for programs that employ inmates sentenced to county correctional facilities who are classified as minimum security inmates, to pick up and remove litter from county parks, waterfronts and areas that are accessible to the public. The model county correctional programs which may be adopted by counties in order to receive the funds would be developed by the Department of Environmental Protection (DEP) in conjunction with the Department of Corrections.
P.L.1985, c.533 imposed a tax on the sale of litter-generating products to provide funds to finance a Statewide anti-litter program. The manufacturers, wholesalers, and distributors of litter-generating products are taxed at the rate of $300 per $1,000,000 in sales per year; retailers, including restaurants, are taxed at the rate of $225 per $1,000,000 in annual sales. The fifteen categories of litter-generating products include alcoholic beverages, soft drinks, cigarettes, paper products, food and groceries, among others. The act also provided that the litter tax would expire on December 31, 1989.
However, as enacted, P.L.1985, c.533 did not establish an anti-litter program, nor provide for the distribution of the revenues generated by the litter tax. In response to this problem, implementing legislation to establish an anti-litter program, and provide for the distribution of the litter tax revenues deposited in the Clean Communities Account in the Department of the Treasury commencing July 1, 1987, was enacted into law as P.L.1986, c.187 (C.13:1E-99.8 et seq.).
P.L.1986, c.187 provided for the development of Statewide standards for anti-litter programs. The act provided that the Clean Communities Account is to be administered by the DEP, and that 90 percent of the estimated annual balance of the account must be used for grants to counties and municipalities for local litter control programs and activities. The act also extended the "sunset" provision of the litter tax from December 31, 1989 to December 31, 1991.
P.L.1989, c.108 changed the administration of the Clean Communities Account. The act provided that the funds allocated for municipalities and counties would be distributed as State aid, as opposed to grants (which required individual contracts between DEP and the municipality or county). The act provided that contracts would not be required as a condition of receiving this State aid. To qualify for State aid from the Clean Communities Account, a county or municipality would be required to adopt one of the model litter programs established by DEP.
P.L.1989, c.108 also provided that moneys to be distributed from the Clean Communities Account must be distributed by May 31 of each year. Further, the act directed the DEP to submit an annual report to the Governor and the Legislature detailing the administration of the Clean Communities Account.
P.L.1992, c.150 extended the "sunset" provision of the tax upon litter-generating products imposed pursuant to P.L.1985, c.533 an additional four years, from December 31, 1991 to December 31, 1995. The extension was made retroactive to December 30, 1991 in order to provide for administrative continuity.
P.L.1992, c.150 also required the DEP to: (1) include a detailed explanation of the uses and expenditure of the moneys appropriated to the department from the Clean Communities Account within its annual report to the Governor and the Legislature; (2) conduct periodic litter surveys or random inspections in various parts of the State to ensure the satisfactory implementation of the model county and municipal litter control programs; and (3) submit its report to the Governor and the Legislature on the success of the model county and municipal litter control programs in reducing litter in New Jersey not later than May 31 of each year.
P.L.1992, c.150 also removed the exemption municipalities that receive less than $30,000 had from the requirement to submit an annual report to the department, and allow counties and municipalities to use moneys received to establish an "Adopt-A-Highway" program.
This bill would allow counties to use moneys in the Clean Communities Account for litter control programs employing inmates sentenced to county correctional facilities.
Permits litter control programs employing inmates of county correctional facilities to be eligible for Clean Communities Account funds.