ASSEMBLY, No. 2636
STATE OF NEW JERSEY
INTRODUCED JANUARY 9, 1997
By Assemblymen LeFEVRE and BLEE
An Act concerning public utilities and supplementing chapter 3 of Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Beautification program" means an improvement program undertaken by a municipality for the purpose of enhancing the aesthetics of that municipality, and shall include, but not be limited to, street cleaning, street cleaning equipment purchases, storefront improvements, tree purchases and plantings, street bench purchases and installation, and boardwalk maintenance and improvements;
"Community Development Program Fund" or "fund" means a fund established pursuant to section 2 of P.L.19 , c. (C. ) (now before the Legislature as this bill); and
"Bill" means a periodic statement of actual charges imposed against a ratepayer for the services of a public utility.
2. A public utility organized under the laws of this State and subject to regulation by the board as a public utility may, upon application to and approval by the board, establish a Community Development Program Fund. Monies deposited in this fund pursuant to sections 3 and 4 of P.L.19 , c. (C. ) (now before the Legislature as this bill), shall be used to provide funding to municipalities in which a residential ratepayer resides or in which a commercial or industrial ratepayer conducts business, within the utility's service territory, for the purpose of financing municipal beautification programs.
3. On or before November 1 of each year, a public utility that has established a Community Development Program Fund pursuant to section 2 of P.L.19 , c. (C. ) (now before the Legislature as this bill) shall notify every ratepayer in its service territory of the existence of that fund and the opportunity to contribute to that fund. A ratepayer or ratepayer's representative who wishes to contribute or authorize a contribution to the fund shall notify the utility on a form provided by the utility. If a public utility receives an approval to contribute to the fund from a ratepayer or ratepayer's representative, the public utility shall be authorized, beginning with the first billing period of the next billing year, to permit the total amount of the ratepayer's bill for each billing period to be rounded up to the nearest dollar. A ratepayer or ratepayer's representative shall notify the public utility in writing of a decision to cancel contributions. If a public utility is so notified, the utility shall adjust the ratepayer's account so as to reflect the requested change in the next billing period.
4. The public utility shall deposit an amount equal to the difference between the rounded-up amount and the original billed amount into a separate account dedicated to the municipality where the residential ratepayer resides or the commercial or industrial ratepayer conducts business. The total amount so deposited, minus an amount not to exceed ten percent for administrative costs, shall be annually remitted to the municipality. Monies received by a municipality shall be anticipated as "miscellaneous revenues" pursuant to the "Local Budget Law," P.L.1960, c.169 (N.J.S.40A:4-1 et seq.), and expended solely for beautification programs.
5. The board shall promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this act.
6. This act shall take effect 90 days after enactment.
STATEMENT
This bill would permit any public utility in this State to establish a "Community Development Program Fund." The monies collected in the fund are to be used to provide financial assistance to municipalities in which residential ratepayers reside or in which commercial or industrial ratepayers conduct business, within that utility's service territory, for the purpose of financing municipal "beautification" programs which would include, but not be limited to, street cleaning, street cleaning equipment purchases, storefront improvements, tree purchases and plantings, street bench purchase and installation, and boardwalk maintenance and improvements.
Under this bill, public utilities that choose this option are required, by November 1 of each year, to notify every ratepayer in its service territory of the establishment of the fund, and those ratepayers or their representatives who wish to contribute to the fund are to notify the utility on a form provided by the utility. If a public utility receives an approval to contribute, beginning with the first billing period of the next billing year, the utility shall be authorized to permit the total amount of a ratepayer's bill for each of the public utility's billing periods to be rounded up to the nearest dollar. Ratepayers or their representatives who no longer wish to contribute to the fund must contact the public utility in writing. If a public utility is so notified, the utility shall adjust the ratepayer's bill so as to reflect the change in the next billing period.
The bill requires public utilities which offer the program to deposit an amount equal to the difference between the rounded-up amount and the original billed amount into a separate account dedicated to the municipality where the residential ratepayer resides or the commercial or industrial ratepayer conducts business. The total amount deposited, minus an amount not to exceed ten percent for administrative costs, is to be annually remitted to the municipality. Monies received by a municipality are to be anticipated as "miscellaneous revenues" pursuant to the "Local Budget Law," P.L.1960, c.169 (N.J.S.40A:4-1 et seq.), and expended solely for beautification programs.
Permits public utilities to collect ratepayer contributions in order to fund municipal beautification programs.