[Second Reprint]

SENATE, No. 1749

 

STATE OF NEW JERSEY

 

INTRODUCED DECEMBER 19, 1996

 

 

By Senators BENNETT, McNAMARA and Adler

 

 

An Act concerning the remediation of contaminated sites1, reappropriating moneys from the "Hazardous Discharge Fund of 1986" that were appropriated pursuant to P.L.1993, c.348,1 and making an appropriation.

 

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

 

    1. a. There is appropriated from the special account in the General Fund created pursuant to Article VIII, Section II, paragraph 6 of the New Jersey Constitution, to the Department of Environmental Protection, the sum of 2[$12,000,000$14,800,0002.  This money shall be used by the department only for paying or financing the costs incurred by the State for the remediation of discharges of hazardous substances, including the cost of performing necessary operation and maintenance activities relating to remedial actions, and the cost of providing alternative sources of public or private water supplies when a water supply has been, or is suspected of being, contaminated by a discharge of a hazardous substance.

    b. Of the moneys appropriated pursuant to subsection a. of this section, not more than 2[$2,160,000] $2,700,0002 may be expended by the Department of Environmental Protection for the direct program administrative costs relating to the purposes for which the money may be expended pursuant to subsection a. of this section. No moneys appropriated pursuant to subsection a. of this section may be expended for any indirect administrative costs of the department. The expenditure of moneys appropriated pursuant to this section is limited by the provisions of Article VIII, Section II, paragraph 6 of the New Jersey Constitution.

    1c. At the end of each fiscal year the State Treasurer shall submit a certification to the Legislature stating the revenues collected pursuant to the "Corporation Business Tax Act (1945)," P.L.1945, c.162 (C.54:10A-1 et seq.), for the previous fiscal year and the amount of money that has been credited in the previous fiscal year to the special account as required pursuant to Article VIII, Section II, paragraph 6 of the New Jersey Constitution. The State Treasurer shall also certify the current balance of that special account.1

 

    2. a. The Department of Environmental Protection shall for each fiscal year develop a 1[project priority list for publicly funded site remediation projects and a]1 financial plan for the department's 1[responsible party site remediation program and the publicly funded]1 site remediation program. The 1[project priority list and]1 financial plan shall be submitted to the Legislature on or before January 15 of 1998 and each year thereafter on a day when both Houses are meeting. The President of the Senate and the Speaker of the General Assembly shall cause the date of submission to be entered upon the Senate Journal and the Minutes of the General Assembly, respectively, and shall cause copies of the 1[documents to be submitted] financial plan1 2to be submitted2 to the relevant legislative committees for their consideration and review.

    b. 1[The project priority list shall consist of a list of site remediation projects to be funded by the State in the next fiscal year, including sites for which the State will provide the State share for money provided by the federal government. The list shall include a description of each project and its purpose, impact, cost, priority ranking, and construction schedule. For each project to be funded the list shall estimate the capital costs involved, the operational and maintenance costs, the cost of any work that will be performed pursuant to contract, and the State administrative costs associated with the project.] The financial plan shall contain a list of site remediation projects for which public funds are anticipated to be authorized and expended in the next fiscal year, including sites for which the State will provide the State match share for money provided by the federal government. The list shall include a site description of each project and its purpose, a summary of prior remedial activities performed on the site, the active phase of the project for which funding will be authorized, a summary of the funds, by funding source, that have been authorized to date for each project, and a total of funds, by source, for each project.1

    c. The financial plan shall 1also1 contain 1[:

    (1) the anticipated capital, contractual, operational and maintenance, administrative, and other expenses of the department related to both the responsible party and publicly funded site remediation programs within the department and the anticipated number of site remediation projects to be funded by the private sector for which the department will provide oversight;

    (2) a summary of the various funding sources to be used for each project including any bond funds, general funds, monies dedicated pursuant to Article VIII, Section II, paragraph 6 of the New Jersey Constitution, moneys from the "New Jersey Spill Compensation Fund" established pursuant to the "Spill Compensation and Control Act," P.L.1976, c.141 (C. 58:10-23.11 et seq.), moneys derived from fees, charges, or from cost recovery actions, federal funds, responsible party financing, or any other source of funding;

    (3)]1 a summary of the revenue sources for the site remediation program within the Department of Environmental Protection and the proposed expenditure 1and allocation1 of funds from each of the revenue sources, including the amount from each revenue source to be used for the publicly funded program, the responsible party program,1direct administrative costs, indirect administrative costs, fringe benefit costs, project expenditures, operation and maintenance, federal matches, and other costs incurred by the site remediation program1[;

    (4) an explanation of the method used by the department to determine the allocation of expenditures from the various revenue sources; and

    (5) a list of all job titles in the Department of Environmental Protection and other State departments and agencies funded in whole or in part by the revenue sources of the site remediation program]1.

 

    13. a. Of the moneys from the "Hazardous Discharge Fund of 1986," created pursuant to the "Hazardous Discharge Bond Act of 1986," P.L.1986, c.113, as amended by P.L.1989, c.182, and appropriated to the Department of Environmental Protection pursuant to section 1 of P.L.1993, c.348, the sum of $20,000,000 is reappropriated to the New Jersey Economic Development Authority for deposit into the Hazardous Discharge Site Remediation Fund, created pursuant to section 26 of P.L.1993, c.139 (C.58:10B-4) for the purposes of that fund.

    b. The expenditure of the sum reappropriated by this section is subject to the provisions and conditions of P.L.1986, c.113 and P.L.1989, c.182.1

 

    14. Nothwithstanding any other law to the contrary, as of the effective date of this section, moneys appropriated from the "Hazardous Discharge Bond Act," P.L.1981, c.275, and the "Hazardous Discharge Bond Act of 1986," P.L.1986, c.113, that were previously appropriated or that may be reappropriated may not be used to pay the indirect administrative or fringe benefit costs incurred by the State of New Jersey.1


    1[3.] 5.1 This act shall take effect immediately.

 

 

                             

 

Appropriates dedicated funds for publicly funded site remediation program; reappropriates bond fund moneys; requires certain information be submitted by DEP and State Treasurer.