| 49 | | - | An Act concerning host community benefit agreements for certain solid waste facilities, and amending P.L.1975, c.326 and P.L.1987, c.449. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 19 of P.L.1975, c.326 (C.13:1E-28) is amended to read as follows: 19. a. Any municipality within which a sanitary landfill facility is located pursuant to an adopted and approved district solid waste management plan shall be entitled to an annual economic benefit not less than the equivalent of $1.00 per ton of solids on all solid waste accepted for disposal at the sanitary landfill facility during the previous calendar year, as determined by the department. The owner or operator of the sanitary landfill facility shall annually pay to the relevant municipality the full amount due under this subsection, and each relevant municipality [is] shall be empowered to anticipate this amount for the purposes of preparing its annual budget. For the purposes of calculating the payments, the owner or operator of the sanitary landfill facility may, subject to the prior agreement of the relevant municipality and the approval of the Department of Environmental Protection, provide the municipality with any of the following benefits in consideration for the use of land within its municipal boundaries as the location of a sanitary landfill facility: (1) The receipt of annual sums of money in lieu of taxes on the land used for the sanitary landfill facility; (2) The exemption from all fees and charges for the disposal of solid waste generated within its boundaries; (3) The receipt of a lump sum cash payment; or (4) Any combination thereof. b. (Deleted by amendment, P.L.1994, c.27). c. Every owner or operator of a sanitary landfill facility required to make annual payments to a municipality pursuant to subsection a. of this section may petition the Department of Environmental Protection for an increase in its tariff which reflects these payments. The department, [within] not more than 60 days [of] after the receipt of the petition, shall issue an appropriate order stating that these payments shall be passed along to the users of the sanitary landfill facility as an automatic surcharge on any tariff filed with, and recorded by, the department for the solid waste disposal operations of the facility. d. In issuing any order required by subsection c. of this section, the Department of Environmental Protection shall be exempt from the provisions of R.S.48:2-21. e. Not more than 10 days after commencing negotiations pursuant to subsection a. of this section in association with the 1[adoption] payment1 of 1[a host community] an annual economic1 benefit 1[agreement]1, the municipality shall provide written notice to the department of the date on which negotiations were commenced. f. Negotiations undertaken pursuant to subsection a. of this section shall be completed not more than 180 days after being commenced. If negotiations cannot be completed within the timeframe specified by this subsection, the parties may jointly apply to the department for an extension of up to 180 days to complete the negotiations. The joint application shall identify the reasons why negotiations were not completed within the initial 180-day timeframe required by this subsection. The department shall approve an application for extension, submitted pursuant to this subsection, provided that there is no reasonable basis for the commissioner to believe that the municipality or sanitary landfill facility are acting in bad faith with respect to the negotiations. Notice of an extension authorized pursuant to this subsection shall be posted on the Internet websites of the department and the municipality not later than 10 days after the extension is granted. g. Not more than 10 days after negotiations are completed pursuant to subsection f. of this section, and before the proposed 1[host community] annual economic1 benefit 1[agreement]1 is submitted to the department for approval pursuant to subsection a. of this section, the municipality shall publish the proposed 1[host community] annual economic1 benefit 1[agreement]1 on its Internet website and provide a minimum 45-day period for public comment on the proposed 1[agreement] annual economic benefit1. Not more than 45 days after the public comment period is closed, the municipality and sanitary landfill facility shall consider the comments received and incorporate changes to the proposed 1[host community] annual economic1 benefit 1[agreement]1, in accordance with those comments, as is deemed by the parties to be appropriate. Upon submission of the proposed 1[agreement] annual economic benefit1 to the department for approval, pursuant to subsection a. of this section, the municipality shall also transmit the public comments to the department for consideration. h. If a request for extension, submitted pursuant to subsection f. of this section, is denied by the department on the basis of bad faith negotiations undertaken by either party, or if the parties otherwise cannot agree on the terms of the 1[host community] annual economic1 benefit 1[agreement]1 within the initial and extended timeframes provided by subsection f. of this section, the department shall issue an order establishing 1[a host community] an annual economic1 benefit in the municipality, as the commissioner deems appropriate. When establishing the 1[host community] annual economic1 benefit, the commissioner shall consider, and shall incorporate to the greatest extent possible, consistent with the other provisions of the order, any terms on which the parties were able to reach agreement during the course of negotiations. i. A resident of a municipality within which a sanitary landfill facility is located may petition the department for an order establishing or adjusting 1[a host community] an annual economic1 benefit pursuant to this section. The petition shall be presented in a form and manner prescribed by the department and shall: (1) indicate the level of benefit that the petitioner believes should be imposed; (2) include supporting information and documentation explaining why the proposed level of benefit is both reasonable and necessary; and (3) include any other information required by the department. The department shall issue a decision on the petition no later than 180 days after receipt thereof. (cf: P.L.1994, c.27, s.1) 2. Section 2 of P.L.1987, c.449 (C.13:1E-28.1) is amended to read as follows: 2. a. Any municipality within which a transfer station is located pursuant to an adopted and approved district solid waste management plan shall be entitled to an annual economic benefit to be paid or adjusted not less than quarterly in an amount established by agreement with the owner or operator of the transfer station or by order of the Board of Public Utilities, but not less than the equivalent of $0.50 per ton of all solid waste accepted for transfer at the transfer station during the 1987 calendar year and each year thereafter. The owner or operator of the transfer station shall, not less frequently than quarterly, pay to the relevant municipality the full amount due under this subsection, and each relevant municipality [is] shall be empowered to anticipate this amount for the purposes of preparing its annual budget. For the purposes of calculating the payments, the owner or operator of the transfer station may, subject to the prior agreement of the relevant municipality and the approval of the Board of Public Utilities, provide the municipality with any of the following benefits in consideration for the use of land within its municipal boundaries as the location of a transfer station: (1) The receipt of quarterly payments of annual sums of money in lieu of taxes on the land used for the transfer station; (2) The exemption from all fees and charges for the acceptance for transfer of solid waste generated within its boundaries; (3) The receipt of quarterly lump sum cash payments; or (4) Any combination thereof. b. Every owner or operator of a transfer station required to make payments not less frequently than quarterly to a municipality pursuant to subsection a. of this section may petition the Board of Public Utilities for an increase in its tariff which reflects these payments. The board, [within] not more than 60 days [of] after the receipt of the petition, shall issue an order that these payments shall be passed along to the users of the transfer station as an automatic surcharge on any tariff filed with, and recorded by, the board for the solid waste disposal operations of the transfer station. c. In issuing any order required by subsection b. of this section, the Board of Public Utilities shall be exempt from the provisions of R.S.48:2-21. d. Not more than 10 days after commencing negotiations pursuant to subsection a. of this section in association with the 1[adoption] payment1 of 1[a host community] an annual economic1 benefit 1[agreement]1, the municipality shall provide written notice to the Board of Public Utilities of the date on which negotiations were commenced. e. Negotiations undertaken pursuant to subsection a. of this section shall be completed not more than 180 days after being commenced. If negotiations cannot be completed within the timeframe specified by this subsection, the parties may jointly apply to the board for an extension of up to 180 days to complete the negotiations. The joint application shall identify the reasons why negotiations were not completed within the initial 180-day timeframe required by this subsection. The board shall approve an application for extension, which is submitted pursuant to this subsection, provided that there is no reasonable basis for the board to believe that the municipality or transfer station are acting in bad faith with respect to the negotiations. Notice of an extension authorized pursuant to this subsection shall be posted on the Internet websites of the board and the municipality no later than 10 days after the extension is granted. f. Not more than 10 days after negotiations are completed pursuant to subsection e. of this section, and before the proposed 1[host community] annual economic1 benefit 1[agreement]1 is submitted to the board for approval pursuant to subsection a. of this section, the municipality shall publish the proposed 1[host community] annual economic1 benefit 1[agreement]1 on its Internet website and provide a minimum 45-day period for public comment on the proposed 1[agreement] annual economic benefit1. Not more than 45 days after the public comment period is closed, the municipality and transfer station shall consider the comments received and incorporate changes to the proposed 1[host community] annual economic1 benefit 1[agreement]1, in accordance with those comments, as is deemed by the parties to be appropriate. Upon submission of the proposed 1[agreement] annual economic benefit1 to the board for approval, the municipality shall also transmit the public comments to the board for consideration. g. If a request for extension, submitted pursuant subsection e. of this section, is denied by the board on the basis of bad faith negotiations undertaken by either party, or if the parties otherwise cannot agree on the terms of the 1[host community] annual economic1 benefit 1[agreement]1 within the initial and extended timeframes specified by subsection e. of this section, the board shall issue an order establishing 1[a host community] an annual economic1 benefit in the municipality, as it deems appropriate. When establishing the 1[host community] annual economic1 benefit, the board shall consider, and shall incorporate to the greatest extent possible, consistent with the other provisions of the order, any terms on which the parties were able to reach agreement during the course of negotiations. h. A resident of a municipality within which a transfer station is located may petition the board for an order establishing or adjusting 1[a host community] an annual economic1 benefit pursuant to this section. The petition shall be presented in a form and manner prescribed by the board and shall: (1) indicate the level of benefit that the petitioner believes should be imposed; (2) include supporting information and documentation explaining why the proposed level of benefit is both reasonable and necessary; and (3) include any other information required by the board. The board shall issue a decision on the petition no later than 180 days after receipt thereof. (cf: P.L.1991, c.381, s.40) 3. This act shall take effect immediately. |
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| 47 | + | An Act concerning host community benefit agreements for certain solid waste facilities, and amending P.L.1975, c.326 and P.L.1987, c.449. Be It Enacted by the Senate and General Assembly of the State of New Jersey: 1. Section 19 of P.L.1975, c.326 (C.13:1E-28) is amended to read as follows: 19. a. Any municipality within which a sanitary landfill facility is located pursuant to an adopted and approved district solid waste management plan shall be entitled to an annual economic benefit not less than the equivalent of $1.00 per ton of solids on all solid waste accepted for disposal at the sanitary landfill facility during the previous calendar year, as determined by the department. The owner or operator of the sanitary landfill facility shall annually pay to the relevant municipality the full amount due under this subsection, and each relevant municipality [is] shall be empowered to anticipate this amount for the purposes of preparing its annual budget. For the purposes of calculating the payments, the owner or operator of the sanitary landfill facility may, subject to the prior agreement of the relevant municipality and the approval of the Department of Environmental Protection, provide the municipality with any of the following benefits in consideration for the use of land within its municipal boundaries as the location of a sanitary landfill facility: (1) The receipt of annual sums of money in lieu of taxes on the land used for the sanitary landfill facility; (2) The exemption from all fees and charges for the disposal of solid waste generated within its boundaries; (3) The receipt of a lump sum cash payment; or (4) Any combination thereof. b. (Deleted by amendment, P.L.1994, c.27). c. Every owner or operator of a sanitary landfill facility required to make annual payments to a municipality pursuant to subsection a. of this section may petition the Department of Environmental Protection for an increase in its tariff which reflects these payments. The department, [within] not more than 60 days [of] after the receipt of the petition, shall issue an appropriate order stating that these payments shall be passed along to the users of the sanitary landfill facility as an automatic surcharge on any tariff filed with, and recorded by, the department for the solid waste disposal operations of the facility. d. In issuing any order required by subsection c. of this section, the Department of Environmental Protection shall be exempt from the provisions of R.S.48:2-21. e. Not more than 10 days after commencing negotiations pursuant to subsection a. of this section, in association with the adoption of a host community benefit agreement, the municipality shall provide written notice to the department of the date on which negotiations were commenced. f. Negotiations undertaken pursuant to subsection a. of this section shall be completed not more than 180 days after being commenced. If negotiations cannot be completed within the timeframe specified by this subsection, the parties may jointly apply to the department for an extension of up to 180 days to complete the negotiations. The joint application shall identify the reasons why negotiations were not completed within the initial 180-day timeframe required by this subsection. The department shall approve an application for extension, submitted pursuant to this subsection, provided that there is no reasonable basis for the commissioner to believe that the municipality or sanitary landfill facility are acting in bad faith with respect to the negotiations. Notice of an extension authorized pursuant to this subsection shall be posted on the Internet websites of the department and the municipality not later than 10 days after the extension is granted. g. Not more than 10 days after negotiations are completed pursuant to subsection f. of this section, and before the proposed host community benefit agreement is submitted to the department for approval pursuant to subsection a. of this section, the municipality shall publish the proposed host community benefit agreement on its Internet website and provide a minimum 45-day period for public comment on the proposed agreement. Not more than 45 days after the public comment period is closed, the municipality and sanitary landfill facility shall consider the comments received and incorporate changes to the proposed host community benefit agreement, in accordance with those comments, as is deemed by the parties to be appropriate. Upon submission of the proposed agreement to the department for approval, pursuant to subsection a. of this section, the municipality shall also transmit the public comments to the department for consideration. h. If a request for extension, submitted pursuant to subsection f. of this section, is denied by the department on the basis of bad faith negotiations undertaken by either party, or if the parties otherwise cannot agree on the terms of the host community benefit agreement within the initial and extended timeframes provided by subsection f. of this section, the department shall issue an order establishing a host community benefit in the municipality, as the commissioner deems appropriate. When establishing the host community benefit, the commissioner shall consider, and shall incorporate to the greatest extent possible, consistent with the other provisions of the order, any terms on which the parties were able to reach agreement during the course of negotiations. i. A resident of a municipality within which a sanitary landfill facility is located may petition the department for an order establishing or adjusting a host community benefit pursuant to this section. The petition shall be presented in a form and manner prescribed by the department and shall: (1) indicate the level of benefit that the petitioner believes should be imposed; (2) include supporting information and documentation explaining why the proposed level of benefit is both reasonable and necessary; and (3) include any other information required by the department. The department shall issue a decision on the petition no later than 180 days after receipt thereof. (cf: P.L.1994, c.27, s.1) 2. Section 2 of P.L.1987, c.449 (C.13:1E-28.1) is amended to read as follows: 2. a. Any municipality within which a transfer station is located pursuant to an adopted and approved district solid waste management plan shall be entitled to an annual economic benefit to be paid or adjusted not less than quarterly in an amount established by agreement with the owner or operator of the transfer station or by order of the Board of Public Utilities, but not less than the equivalent of $0.50 per ton of all solid waste accepted for transfer at the transfer station during the 1987 calendar year and each year thereafter. The owner or operator of the transfer station shall, not less frequently than quarterly, pay to the relevant municipality the full amount due under this subsection, and each relevant municipality [is] shall be empowered to anticipate this amount for the purposes of preparing its annual budget. For the purposes of calculating the payments, the owner or operator of the transfer station may, subject to the prior agreement of the relevant municipality and the approval of the Board of Public Utilities, provide the municipality with any of the following benefits in consideration for the use of land within its municipal boundaries as the location of a transfer station: (1) The receipt of quarterly payments of annual sums of money in lieu of taxes on the land used for the transfer station; (2) The exemption from all fees and charges for the acceptance for transfer of solid waste generated within its boundaries; (3) The receipt of quarterly lump sum cash payments; or (4) Any combination thereof. b. Every owner or operator of a transfer station required to make payments not less frequently than quarterly to a municipality pursuant to subsection a. of this section may petition the Board of Public Utilities for an increase in its tariff which reflects these payments. The board, [within] not more than 60 days [of] after the receipt of the petition, shall issue an order that these payments shall be passed along to the users of the transfer station as an automatic surcharge on any tariff filed with, and recorded by, the board for the solid waste disposal operations of the transfer station. c. In issuing any order required by subsection b. of this section, the Board of Public Utilities shall be exempt from the provisions of R.S.48:2-21. d. Not more than 10 days after commencing negotiations pursuant to subsection a. of this section, in association with the adoption of a host community benefit agreement, the municipality shall provide written notice to the Board of Public Utilities of the date on which negotiations were commenced. e. Negotiations undertaken pursuant to subsection a. of this section shall be completed not more than 180 days after being commenced. If negotiations cannot be completed within the timeframe specified by this subsection, the parties may jointly apply to the board for an extension of up to 180 days to complete the negotiations. The joint application shall identify the reasons why negotiations were not completed within the initial 180-day timeframe required by this subsection. The board shall approve an application for extension, which is submitted pursuant to this subsection, provided that there is no reasonable basis for the board to believe that the municipality or transfer station are acting in bad faith with respect to the negotiations. Notice of an extension authorized pursuant to this subsection shall be posted on the Internet websites of the board and the municipality no later than 10 days after the extension is granted. f. Not more than 10 days after negotiations are completed pursuant to subsection e. of this section, and before the proposed host community benefit agreement is submitted to the board for approval pursuant to subsection a. of this section, the municipality shall publish the proposed host community benefit agreement on its Internet website and provide a minimum 45-day period for public comment on the proposed agreement. Not more than 45 days after the public comment period is closed, the municipality and transfer station shall consider the comments received and incorporate changes to the proposed host community benefit agreement, in accordance with those comments, as is deemed by the parties to be appropriate. Upon submission of the proposed agreement to the board for approval, the municipality shall also transmit the public comments to the board for consideration. g. If a request for extension, submitted pursuant subsection e. of this section, is denied by the board on the basis of bad faith negotiations undertaken by either party, or if the parties otherwise cannot agree on the terms of the host community benefit agreement within the initial and extended timeframes specified by subsection e. of this section, the board shall issue an order establishing a host community benefit in the municipality, as it deems appropriate. When establishing the host community benefit, the board shall consider, and shall incorporate to the greatest extent possible, consistent with the other provisions of the order, any terms on which the parties were able to reach agreement during the course of negotiations. h. A resident of a municipality within which a transfer station is located may petition the board for an order establishing or adjusting a host community benefit pursuant to this section. The petition shall be presented in a form and manner prescribed by the board and shall: (1) indicate the level of benefit that the petitioner believes should be imposed; (2) include supporting information and documentation explaining why the proposed level of benefit is both reasonable and necessary; and (3) include any other information required by the board. The board shall issue a decision on the petition no later than 180 days after receipt thereof. (cf: P.L.1991, c.381, s.40) 3. This act shall take effect immediately. STATEMENT This bill would amend the law pertaining to the establishment of host community benefit agreements for municipalities in which sanitary landfill facilities or solid waste transfer stations operate, in order to provide for greater public input with respect to the establishment and terms of such agreements and greater transparency and finality in the host community benefit negotiation process. Current law provides that any municipality in which a sanitary landfill facility or transfer station is located is entitled to receive an annual economic benefit, to be paid by the owner or operator of the facility or transfer station. The amount and form of the benefit are to be established pursuant to an agreement that is executed between the municipality and the sanitary landfill facility or transfer station and is approved by the Department of Environmental Protection (DEP) or the Board of Public Utilities (BPU), as appropriate. This bill would: (1) establish a specific timeframe for the completion of host community benefit negotiations between a municipality and a sanitary landfill facility or transfer station; (2) require the municipality to publish the proposed agreement online, for public comment, prior to submitting the proposed agreement to the DEP or BPU for approval; (3) require the DEP or BPU to establish the host community benefit for a municipality in any case where the parties are negotiating in bad faith or otherwise fail to come to an agreement on the host community benefit; and (4) authorize any resident to petition the DEP or BPU for an order establishing or adjusting a host community benefit in the municipality. The bill provides, in particular, that, not more than 10 days after negotiations are commenced between a municipality and a sanitary landfill facility or transfer station to establish a host community benefit, the municipality will be required to provide written notice to the DEP or BPU, as appropriate, indicating the date on which negotiations were commenced. Negotiations are to be completed not more than 180 days after being commenced; however, if negotiations cannot be completed within this timeframe, the parties may jointly apply to the DEP or BPU for an extension of up to 180 days to complete the negotiations and publish the proposed agreement. An application for extension is to identify the reasons why negotiations were not completed within the initial 180-day timeframe required by the bill. The DEP or BPU, as appropriate, will be required to approve an application for extension, so long as there is no reasonable basis for the commissioner or the board, as appropriate, to believe that the municipality or the sanitary landfill facility or transfer station, as appropriate, are acting in bad faith with respect to the negotiations. Notice of an extension authorized under the bill is to be posted on the Internet websites of both the municipality and the DEP or BPU, as appropriate, within 10 days after the extension is granted. The bill also provides that, not more than 10 days after negotiations are completed in accordance with the timeframes specified by the bill, and before the proposed host community benefit agreement is submitted to the DEP or BPU for approval, the municipality is to publish the proposed host community benefit agreement on its Internet website and provide a minimum 45-day period for public comment on the proposed agreement. Not more than 45 days after the public comment period is closed, the parties will be required to consider the comments received and incorporate changes to the proposed host community benefit agreement, in accordance with those comments, as is deemed by the parties to be appropriate. Upon submission of the proposed agreement to the DEP or BPU for approval, the municipality will also be required to transmit the public comments to the DEP or BPU for consideration. If an application for extension of the negotiation period is denied by the DEP or the BPU on the basis of bad faith negotiations undertaken by either party, or if the parties otherwise cannot agree on the terms of the host community benefit agreement within the initial and extended timeframes specified by the bill, the DEP or BPU, as appropriate, will be required to issue an order establishing a host community benefit in the municipality as the commissioner or board deems appropriate. When establishing a host community benefit, the commissioner or board will be required to consider, and incorporate to the greatest extent possible, consistent with the other provisions of the order, any terms on which the parties were able to reach agreement during the course of negotiations. Finally, the bill authorizes any resident of a municipality in which a sanitary landfill facility or transfer station is located to, at any time, petition the DEP or the BPU for an order establishing or adjusting a host community benefit in the municipality. Any such petition is to: (1) indicate the level of benefit that the petitioner believes should be imposed; (2) include supporting information and documentation explaining why the proposed level of benefit is both reasonable and necessary; and (3) include any other information required by the DEP or BPU, as appropriate. The DEP or BPU, as the case may be, will be required to issue a decision on the petition no later than 180 days after receipt thereof. |
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