SENATE, No. 745

STATE OF NEW JERSEY

INTRODUCED FEBRUARY 15, 1996

By Senators CASEY and HAINES

An Act to provide emergency State aid to counties and municipalities to assist those governments in meeting certain snow plowing and removal expenses, and making an appropriation therefor.

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

    1. This act shall be known and may be cited as the "Emergency State Aid for Snow Plowing and Removal Act of 1996."

    2. As used in this act:

    "Division" means the Division of Local Government Services in the Department of Community Affairs;

    "Expenses" means and includes the full cost of materials, supplies, and labor, the operation or rental of machinery and equipment, and the deployment of extraordinary public works personnel, incurred by any local governmental unit, which are directly and specifically attributable to snow plowing and removal during the months of January, February and March, 1996;

    "Local governmental unit" or "unit" means and includes any county and every municipality in this State;

    "Snow plowing and removal" means and includes the plowing, removal, and shoveling of snow and ice by mechanical and non-mechanical means, the spreading of sand, and the spreading of salt and other chemicals for the abatement of ice formation.

    3. The funds appropriated by this act shall be apportioned by the Division of Local Government Services to qualifying local governmental units for the purposes of assisting those units in meeting snow plowing and removal expenses incurred during the months of January, February and March, 1996 according to a formula based on the proportion of the number of lane miles of public roads, streets and highways under the jurisdiction of each respective local governmental unit to the total of all such road lane miles in the State; provided, however, that no local governmental unit shall receive an apportionment of funds in excess of the expenses incurred by such unit during the months of January, February and March, 1996. Funds remaining after apportionment to local units pursuant to this act may be applied to offset administration expenses of this program.

    4. To perform its apportionment responsibilities pursuant to this act, the division shall, within 30 days after the effective date hereof, prepare and distribute appropriate snow expense forms to every local governmental unit in this State. The forms shall require from the local governmental units all information the division deems relevant to perform its apportionment responsibilities hereunder, including, but not necessarily limited to, the number of lane miles of roads, streets and highways under the jurisdiction of each respective local governmental unit, and the itemized expenses incurred by each government unit for snow plowing and removal during the months of January, February and March, 1996.

    5. Within 90 days after the effective date of this act, every local governmental unit shall complete its snow expense form and, with the certification of the chief financial officer of the government unit as to its accuracy, shall submit the form to the division. Any local governmental unit failing to submit a completed, certified snow expense form within the time specified by this section, or submitting a form containing any material misstatement of fact or other error or inaccuracy, shall be ineligible to receive any funds appropriated by this act; provided, however, that the director of the division may extend the period for submitting a completed, certified snow expense form for an additional 30 days for good cause shown by any local governmental unit.

    6. The division shall, with the assistance of the Department of Transportation, review the accuracy of all completed, certified snow expense forms submitted to it pursuant to the provisions of this act; and shall, within 150 days after the effective date of this act, determine and certify to the State Treasurer and to the chief financial officer of each local governmental unit qualifying for any funds appropriated by this act the amount of State aid allocable to each governmental unit pursuant to this act; provided, however, that in the event the total amount of funds to which all qualified local governmental units are entitled pursuant to the provisions of this act exceeds the amount appropriated hereunder, the entitlement of each local governmental unit shall be reduced pro rata and the division shall make its allocation accordingly. The State Treasurer, upon the certification of the division and upon the warrant of the State Comptroller, shall pay and distribute to each qualifying local governmental unit the amount determined and certified.

    7. a. Any aid allocated to a local governmental unit pursuant to this act shall be in addition to all other aid appropriated by that unit for snow removal purposes.

    b. The funds received by any local governmental unit pursuant to this act shall not be subject to the provisions of P.L.1976, c.68 (C.40A:4-45.1 et seq.), with respect to limitations on expenditures by counties and municipalities.

    c. Any determination of the division pursuant to this act as to the amounts of State aid allocable to each local governmental unit shall be final and conclusive, and no appeal shall be taken therefrom or any review thereof, except in the case of an arithmetical or typographical error in the calculation of any allocation or distribution of funds.

    d. The division shall prepare and submit on or before December 31, 1996, to the Governor and the Legislature a summary report of the effect of this act in assisting local governmental units in meeting snow plowing and removal expenses incurred during the months of January, February and March, 1996. In the preparation of the report, the division shall be entitled to request and receive from local governmental units receiving funds pursuant to this act any information the division deems relevant and necessary.

    8. There is hereby appropriated to Division of Local Government Services in the Department of Community Affairs for the purposes of this act the sum of $20,000,000 from the "Surplus Revenue Fund," created pursuant to section 1 of P.L.1990, c.44 (C.52:9H-14) and notwithstanding the provisions of section 5 of P.L.1990, c.44 (52:9H-18).

    9. This act shall take effect immediately.

STATEMENT

    The purpose of this bill is to establish a special emergency State aid program to assist counties and municipalities in New Jersey in meeting the expenses borne by these local governmental units as a result of the hazardous snows of January, February and March, 1996.

    This bill would appropriate from the so-called "rainy day" fund $20,000,000 to be allocated among the counties and municipalities of New Jersey on the basis of the number of lane miles of public roads, streets and highways under the jurisdiction of each respective local governmental unit. The allocations would be made by the Division of Local Government Services in the Department of Community Affairs, and would be based upon "snow expense forms" prepared by the division and completed by the counties and municipalities.

    This bill specifically provides that funds received by local governmental units pursuant to this special State aid program shall not be subject to the provisions of P.L.1976, c.68 (C.40A:4-45.1 et seq.), the "cap" law.

    This bill also requires the Division of Local Government Services to submit a report to the Governor and the Legislature, on or before December 31, 1996 as to the effect of this act in assisting local governmental units in meeting snow plowing and removal expenses incurred during the months of January, February and March, 1996.

Provides State aid to counties and municipalities for certain snow removal expenses.