ASSEMBLY, No. 2811

STATE OF NEW JERSEY

INTRODUCED MARCH 20, 1997

By Assemblyman GIBSON

An Act concerning the repayment of certain State loans for the development of solid waste facilities.

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

    1. a. The provisions of any other law to the contrary notwithstanding, every public authority or county that has incurred environmental investment costs in developing or implementing a district solid waste management plan through the development of a solid waste facility pursuant to the provisions of the "Solid Waste Management Act," P.L.1970, c.39 (C.13:1E-1 et seq.), all or any portion of which has been financed by a zero-interest State loan from the "Resource Recovery and Solid Waste Disposal Facility Fund" established pursuant to section 14 of the "Resource Recovery and Solid Waste Disposal Facility Bond Act of 1985," P.L.1985, c.330, shall be subject to a five-year moratorium on State solid waste facility loan repayments, as provided in this section.

    b. In furtherance of the provisions of subsection a. of this section, the provisions of section 2 of P.L.1985, c.332; section 2 of P.L.1985, c.335; section 2 of P.L.1988, c.84; section 2 of P.L.1988, c.86; section 2 of P.L.1988, c.88; section 2 of P.L.1988, c.89; section 2 of P.L.1991, c.358; section 2 of P.L.1993, c.284; section 2 of P.L.1993, c.285; section 2 of P.L.1993, c.352; or section 2 of P.L.1993, c.369, pertaining to the repayment of loans made from the "Resource Recovery and Solid Waste Disposal Facility Fund" in accordance with the terms of a written loan agreement, to the contrary notwithstanding, local government units shall not be required to make any loan repayments during the transition from a Statewide solid waste management system to a market-based system.

    c. The State Treasurer is authorized to use moneys in the General Fund to cover the expenditures incurred in implementing the provisions of this section, subject to the annual appropriation thereof by the Legislature.

    For the purposes of this section, "environmental investment costs means any expenses related to: (1) the planning, acquisition or construction of solid waste facilities, including debt service on bonds issued prior to the effective date of P.L. , c. (C. )(pending in the Legislature as Assembly Bill No. 50 of 1996) to finance solid waste facilities or debt service on bonds associated with a refinancing of bonds issued prior to the effective date of P.L. , c. (C.            )(pending in the Legislature as Assembly Bill No. 50 of 1996) to finance solid waste facilities; (2) the fulfillment of interdistrict agreements; (3) the establishment and implementation of solid waste management programs adopted prior to the effective date of P.L. , c. (C. )(pending in the Legislature as Assembly Bill No. 50); (4) the payment of solid waste taxes; or (5) the payment of host municipality benefits.

    2. This act shall take effect upon the enactment into law of P.L.    , c. (C. )(pending in the Legislature as Assembly Bill No. 50 of 1996).

STATEMENT

    This bill would establish a five-year moratorium on the repayment of State loans made to public authorities and counties from the "Resource Recovery and Solid Waste Disposal Facility Bond Act of 1985," P.L.1985, c.330, for the development of solid waste facilities, to ease the financial burden on these local governments during the transition from a State-run solid waste management system to a market-based system.

    The moratorium would take effect upon the enactment of Assembly Bill No. 50 of 1996, the "Solid Waste Management and Environmental Investment Cost Recovery Act," a companion measure which thoroughly revises New Jersey's solid waste collection and disposal statutes and provides a statutory mechanism for the recovery of the environmental investment costs incurred by counties and public authorities in implementing State-mandated district solid waste management plans.

Establishes a five-year moratorium on the repayment of State loans made from the "Resource Recovery and Solid Waste Disposal Facility Bond Act of 1985."