[First Reprint]
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 1[from a Statewide] to a constitutionally acceptable1 solid waste management system 1[to a market-based system]1.
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 facilities1, including abandoned or canceled solid waste facility projects,1 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 facilities1, including abandoned or canceled solid waste facility projects1; (2) the fulfillment of interdistrict agreements 1or lawfully executed solid waste disposal contracts1; (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 1or other payments mandated by State law, rule, directive or order1; or (5) the payment of host municipality benefits. 1As used herein, "cost" shall not include the debt service on the unexpended balance of bond proceeds on bonds or refinancing bonds authorized but not expended prior to the effective date of P.L. , c. (C. )(pending in the Legislature as Assembly Bill No. 50).1
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).
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."