ASSEMBLY, No. 2048

STATE OF NEW JERSEY

INTRODUCED MAY 30, 1996

By Assemblywoman MURPHY and Assemblyman COHEN

An Act concerning solid waste collection, and amending and supplementing P.L.1968, c.173.

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

    1. Section 1 of P.L.1968, c.173 (C.48:2-59) is amended to read as follows:

    1. a. To enable the Board [of Public Utility Commissioners in the Department] of Public Utilities to better perform its lawful duties relating to service, classifications to be used, rates and charges to be made and collected, rules and regulations to be prescribed, and supervision over all public utilities [and public movers] under its jurisdiction, the Board of Public [Utility Commissioners] Utilities shall annually make an assessment against each public utility [and public mover].

    b. After August 19, 1991, the Board of Public Utilities shall not make an assessment against any person engaging in the business of solid waste collection or solid waste disposal pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.). The provisions of this subsection shall not affect any obligation to pay an assessment made by the Board prior to August 19, 1991, nor shall these provisions affect the legal authority of the Board under subsection a. of this section or section 2 of P.L.1968, c.173 (C.48:2-60) to make an assessment against any person engaging in the business of solid waste collection or solid waste disposal prior to that date.

    c. The provisions of subsection b. of this section shall not affect the legal authority of the State Treasurer under section 12 of P.L.1968, c.173 (C.48:2-70) to collect the amount stated to be due, including any interest which may accrue by virtue of the neglect or refusal of the public utility to pay an assessment made by the Board prior to August 19, 1991, nor shall these provisions invalidate or affect any proceeding for the enforcement thereof.

(cf: P.L.1972, c.36, s.1)

    2. (New section) a. To enable the Department of Environmental Protection to better perform its lawful duties relating to the regulation of rates and public utility aspects of solid waste collection and solid waste disposal operations and facilities pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.), P.L.1991, c.381 (C.48:13A-7.1 et seq.), Title 48 of the Revised Statutes, or any other law, the Department of Environmental Protection shall annually make an assessment against each person engaging in the business of solid waste collection or solid waste disposal pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C.48:13A-7.1 et seq.).

    b. The assessment shall be equal to a percentage of the gross operating revenue of the solid waste public utilities under the jurisdiction of the department derived from intrastate operations during the preceding calendar year at a rate to be determined annually by the department on or before June 30 in the following manner:

    The total amount appropriated to the Department of Environmental Protection by law for its general purposes for its next fiscal year shall be divided by the total amount of the gross operating revenues of all solid waste public utilities under the jurisdiction of the department derived from intrastate operations during the preceding calendar year. The quotient resulting shall constitute the percentage rate of the assessment for the calendar year in which such computation is made.     The total amount so assessed to any person engaging in the business of solid waste disposal pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C.48:13A-7.1 et seq.) shall not exceed 1/4 of 1% of the gross operating revenue subject to assessment hereunder of that solid waste public utility derived from its intrastate operation during the preceding calendar year, except that the minimum assessment for any person engaging in the business of solid waste disposal shall be $500.

    The total amount so assessed to any solid waste collector as defined in section 3 of P.L.1970, c.40 (C.48:13A-3) shall not exceed 1/16 of 1% of the gross operating revenue subject to assessment hereunder of the solid waste collector derived from its intrastate operation during the preceding calendar year, except that the minimum assessment for any solid waste collector shall be $150.

    3. Section 2 of P.L.1968, c.173 (C.48:2-60) is amended to read as follows:

    2. a. The assessment shall be equal to a percentage of the gross operating revenue of the public utilities under the jurisdiction of the board derived from intrastate operations during the preceding calendar year at a rate to be determined annually by the board on or before June 30 in the following manner:

    The total amount appropriated to the Board of Public Utilities by law for its general purposes for its next fiscal year shall be divided by the total amount of the gross operating revenues of all public utilities under the jurisdiction of the board derived from intrastate operations during the preceding calendar year. The quotient resulting shall constitute the percentage rate of the assessment for the calendar year in which such computation is made. The total amount so assessed to any particular public utility shall not exceed 1/4 of 1% of the gross operating revenue subject to assessment hereunder of that utility derived from its intrastate operation during the preceding calendar year, except that the minimum assessment for any public utility shall be $500.[00.]

    b. After August 19, 1991, the provisions of P.L.1968, c.173 (C.48:2-59 et seq.) relating to the annual assessment made by the Board of Public Utilities shall not apply to any person engaging in the business of solid waste collection or solid waste disposal pursuant to P.L.1970, c.40 (C.48:13A-1 et seq.) or P.L.1991, c.381 (C.48:13A-7.1 et seq.).

(cf: P.L1989, c.281, s.1)

    4. Section 4 of P.L.1968, c.173 (C.48:2-62) is amended to read as follows:

    4. The assessment prescribed by sections 1 and 2 of P.L.1968 c.173 (C.48:2-59 and 48:2-60) shall be levied by the Board of Public [Utility Commissioners] Utilities not later than July 1, and shall be paid within 30 days after mailing by first class mail to any public utility [or public mover] notice thereof and a statement of the amount.

    Each public utility [and public mover] shall on or before June 1, file with the Board of Public [Utility Commissioners] Utilities, under oath, a statement showing its gross operating revenues derived from intrastate operations during the preceding calendar year.

(cf: P.L.1972, c.36, s.3)

    5. (New section) The assessment prescribed by section 2 of P.L. c. (C. )(pending in the Legislature as this bill) shall be levied by the Department of Environmental Protection not later than July 1, and shall be paid within 30 days after mailing by first class mail to any solid waste public utility notice thereof and a statement of the amount.

    Each solid waste public utility shall on or before June 1, file with the Department of Environmental Protection, under oath, a statement showing its gross operating revenues derived from intrastate operations during the preceding calendar year.

    6. Section 5 of P.L.1968, c.173 (C.48:2-63) is amended to read as follows:

    5. Within 15 days after the date of mailing a statement as provided in [this act] section 4 of P.L.1968, c.173 (C.48:2-62) or section 5 of P.L..... c.... (C.......)(pending in the Legislature as this bill), the public utility or [public mover] solid waste public utility against which the statement is rendered may file with the board or department, as applicable, its objections thereto. Not less than 30 nor more than 60 days after giving notice thereof to the objector, the board or department, as applicable, shall hold a hearing on the objections.

(cf: P.L.1972, c.36, s.4)

    7. Section 6 of P.L.1968, c.173 (C.48:2-64) is amended to read as follows:

    6. If after the hearing the board or department, as applicable, finds any part of the charge against the objecting public utility or [public mover]solid waste public utility excessive, erroneous, unlawful or invalid, [it] the relevant State agency shall record its findings upon its minutes and transmit to the objector, by registered mail, an amended statement in accordance with the findings, which shall have the same force and effect as an original statement. If the board or department, as applicable, finds the entire statement unlawful or invalid, [it] the relevant State agency shall notify the objector, by registered mail, of such determination, and the original statement shall be null and void. If the board or department, as applicable, finds that the statement as rendered is neither excessive, erroneous, unlawful nor invalid, in whole or in part, [it] the relevant State agency shall record its findings upon its minutes and transmit notice thereof to the objector by registered mail.

(cf: P.L.1972, c.36, s.5)

    8. Section 7 of P.L.1968, c.173 (C.48:2-65) is amended to read as follows:

    7. If a statement against which objections are filed is not paid within 30 days after mailing to the objector notice of a finding that the objections have been disallowed, or in case an amended statement is not paid within 30 days after a copy thereof is mailed to the objector, the [board] the relevant State agency shall give notice of the delinquency to the State Treasurer and to the objector, and the State Treasurer shall proceed to make the collection.

(cf: P.L.1968, c.173)

    9. Section 8 of P.L.1968, c.173 (C.48:2-66) is amended to read as follows:

    8. No action for recovery of an amount paid under the terms of this act shall be maintained in any court unless objections have been filed with the [board] the relevant State agency. In an action for recovery of any payments, plaintiff may raise any relevant issue of law, but the

[board's] State agency's findings of fact shall be prima facie evidence of the facts therein stated.

(cf: P.L.1968, c.173, s.8)

    10. Section 9 of P.L.1968, c.173 (C.48:2-67) is amended to read as follows:

    9. No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in accordance with the provisions of [this act] P.L.1968, c.173 (C.48:2-59 et seq.) or P.L. , c. (C. )(pending in the Legislature as this bill). A public utility or[ public mover ] solid waste public utility against which a statement is rendered shall pay the amount thereof, and after the payment may in the manner provided by [this act] the provisions of P.L.1968, c.173 (C.48:2-59 et seq.) or P.L. , c. (C. )(pending in the Legislature as this bill) at any time within 2 years from the date of the payment, bring against the State an action at law to recover the amount paid, with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part.

(cf: P.L.1972, c.36, s.6)

    11. Section 10 of P.L.1968, c.173 (C.48:2-68) is amended to read as follows:

    10. The procedure provided in [this act] the provisions of P.L.1968, c.173 (C.48:2-59 et seq.) or P.L. , c. (C. )(pending in the Legislature as this bill) for determining the lawfulness of statements and the recovery of payments made pursuant to statements of assessments shall be exclusive of all other remedies and procedures.

(cf: P.L.1968, c.173, s.10)

    12. Section 11 of P.L.1968, c.173 (C.48:2-69) is amended to read as follows:

    11. If any public utility or [public mover] solid waste public utility to which a statement for the amount assessed against it as provided in [this act] the provisions of P.L.1968, c.173 (C.48:2-59 et seq.) or P.L. , c. (C. )(pending in the Legislature as this bill) has been rendered fails or refuses to pay the amount within 15 days, or fails to file with the [board] relevant State agency objections to the statement as provided herein, the [board] State agency shall transmit to the State Treasurer a certified copy of the statement of the assessment together with notice of the neglect or refusal of the public utility or [public mover] solid waste public utility to pay the amount thereof, and at the same time shall mail to the public utility or [public mover] solid waste public utility a copy of the notice transmitted to the State Treasurer.

(cf: P.L.1972, c.36, s.7)

    13. Section 12 of P.L.1968, c.173 (C.48:2-70) is amended to read as follows:

    12. Within 10 days after receipt of the notice and certified copy of the statement, the State Treasurer shall proceed to collect the amount stated to be due, with legal interest, by seizure and sale of any goods or chattels, including stocks, securities, bank accounts, evidences of debt and accounts receivable belonging to the public utility or [public mover] solid waste public utility anywhere within the State.

(cf: P.L.1972, c.36, s.8)

    14. Section 13 of P.L.1968, c.173 (C.48:2-71) is amended to read as follows:

    13. All moneys received by the board or the department, as applicable, under the provisions of [this act] P.L.1968, c.173 (C.48:2-59 et seq.) or P.L. , c. (C. )(pending in the Legislature as this bill) shall be paid to the State Treasurer.

(cf: P.L.1968, c.73, s.13)

    15. Section 14 of P.L.1968, c.173 (C.48:2-72) is amended to read as follows:

    14. The provisions of sections 1 of P.L.1959, c. 43 (C. 48:2-56) and 11 of P.L.1968, c. 375 (C. 48:22-11) relating to the collections of fees and charges by the Board of Public [Utility Commissioners] Utilities, shall be inapplicable to public utility companies [and public movers] subject to assessment pursuant to [this act] the provisions of P.L.1968, c.173 (C.48:2-59 et seq.).

(cf: P.L.1972, c.36, s.9)

    16. This act shall take effect immediately.

STATEMENT

    This bill would reduce the annual public utility assessment for solid waste collectors. Under the provisions of the "Solid Waste Collection Regulatory Reform Act," P.L.1991, c.381 (C.48:13A-7.1 et seq.), traditional and transitional public utility regulation of solid waste collectors ended on April 14, 1996. Thus, the Department of Environmental Protection, which assumed regulatory authority and jurisdiction over the public utility aspects of solid waste collection and solid waste disposal from the Board of Public Utilities following the adoption of Reorganization Plan No. 002-1991, effective on August 19, 1991, and Reorganization Plan No. 001-1994, effective on July 4, 1994, no longer sets rates for persons engaging in the solid waste collection business. Notwithstanding this reduced regulatory responsibility over solid waste collection public utilities, the Department still collects from solid waste collectors an annual assessment of the same percentage of gross operating revenue as that collected from fully regulated solid waste disposal public utilities.

    To reflect the reduced responsibilities of the Department as the result of the deregulation of solid waste collectors on April 14, 1996, this bill would revise existing law to reduce the annual assessment collected from solid waste collectors from 1/4 to 1/16 of 1% of gross operating revenue derived from its intrastate operation during the preceding calendar year.

    The bill would also revise the relevant provisions of current law to accord statutory recognition to the aforementioned reorganization plans with respect to public utility assessments still under the jurisdiction of the Board of Public Utilities.

Reduces annual public utility assessment for solid waste collectors.