Bill Text: NJ A3506 | 2016-2017 | Regular Session | Introduced
Bill Title: Authorizes municipalities to adopt ordinance regulating storage or disposal of food waste or other bear-attractant refuse.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-04-04 - Introduced, Referred to Assembly Agriculture and Natural Resources Committee [A3506 Detail]
Download: New_Jersey-2016-A3506-Introduced.html
Sponsored by:
Assemblyman TIM EUSTACE
District 38 (Bergen and Passaic)
SYNOPSIS
Authorizes municipalities to adopt ordinance regulating storage or disposal of food waste or other bear-attractant refuse.
CURRENT VERSION OF TEXT
As introduced.
An Act authorizing municipalities to regulate the storage or disposal of food waste or other bear-attractant refuse and supplementing Title 40 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The governing body of a municipality may, by ordinance, regulate the storage or disposal of any food waste or other bear-attractant refuse on public or private property within the municipality for the purpose of eliminating or decreasing the attraction of black bear.
b. An ordinance adopted pursuant to subsection a. of this section may require the use of bear-resistant containers or bear-resistant dumpsters in a manner to be determined by the governing body, which may include limited application of the ordinance to:
(1) specific areas of the municipality for which the use of bear-resistant containers or bear-resistant dumpsters are determined to be necessary and proper; or
(2) persons who have previously been found in violation of storage or disposal standards set forth in the ordinance.
c. Nothing in this act shall be construed to limit any other powers of a municipality, including, but not limited to, any powers conferred pursuant to the provisions of Title 40 of the Revised Statutes or any other law, rule, or regulation.
d. As used in this section:
"Bear-resistant container" means a container that meets the standards and specifications established by the Commissioner of Environmental Protection pursuant to section 2 of this act.
"Bear-resistant dumpster" means a dumpster that meets the standards and specifications established by the Commissioner of Environmental Protection pursuant to section 2 of this act.
2. The Commissioner of Environmental Protection shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations that set forth appropriate standards and specifications for the bear-resistant containers and bear-resistant dumpsters that may be required by a municipal ordinance adopted pursuant to section 1 of this act.
3. Section 1 of this act
shall take effect on the 90th day after the date of enactment and the remainder
of this act shall take effect immediately.
STATEMENT
This bill would authorize the governing body of a municipality to adopt an ordinance regulating the storage or disposal of any food waste or other bear-attractant refuse on public or private property within the municipality for the purpose of eliminating or decreasing the attraction of black bear.
The bill provides that the municipal ordinance may require the use of bear-resistant containers or bear-resistant dumpsters in a manner to be determined by the governing body of the municipality. Specifically, the governing body would be authorized to adopt an ordinance requiring the use of bear-resistant containers or bear-resistant dumpsters in any areas of the municipality for which such use is determined to be necessary and proper. The bill also provides that an ordinance could require the use of bear-resistant containers or bear-resistant dumpsters only by such persons who have previously been found in violation of storage or disposal standards set forth in the ordinance. Standards and specifications for the bear-resistant containers and bear-resistant dumpsters would be set forth in regulations adopted by the Commissioner of Environmental Protection.
