[First Reprint]
ASSEMBLY, No. 1351
STATE OF NEW JERSEY
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 1by the Department of Environmental Protection1 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. 1The county correctional program, to be developed by the Department of Corrections, shall employ minimum security inmates to pick up and remove litter from county parks, waterfronts and areas that are accessible to the public.1 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 programs1[, 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]1. 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.
(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 annually appropriated to and used by the 1[department] Department of Environmental Protection1 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 1[department] Department of Environmental Protection1 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.
1h.1 The 1[department] Department of Environmental Protection1 may carry forward any unexpended balances in the Clean Communities Account as of June 30 of each year.
(cf: P.L.1995, c.301, s.2)
2. This act shall take effect immediately.
Permits litter control programs employing inmates of county correctional facilities to be eligible for Clean Communities Account funds.