Bill Text: NJ S72 | 2014-2015 | Regular Session | Amended

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Bill Title: Requires certain State oversight of budgets of regional sewerage authorities.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2015-12-21 - Reported from Senate Committee with Amendments, 2nd Reading [S72 Detail]

Download: New_Jersey-2014-S72-Amended.html

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[First Reprint]

SENATE, No. 72

STATE OF NEW JERSEY

216th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION

 

 

Sponsored by:

Senator  BRIAN P. STACK

District 33 (Hudson)

Senator  STEVEN V. OROHO

District 24 (Morris, Sussex and Warren)

 

 

 

 

SYNOPSIS

     Requires certain State oversight of budgets of regional sewerage authorities.

 

CURRENT VERSION OF TEXT

     As reported by the Senate State Government, Wagering, Tourism & Historic Preservation Committee on January 15, 2015, with amendments.

  

An Act concerning the budgets of regional sewerage authorities and amending and supplementing P.L.1946, c.138.

 

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

 

     1.    (New section)  Notwithstanding the provisions of any other law to the contrary, the budget of every regional sewerage authority ¹created pursuant to the provisions of P.L.1946, c.138 (C.40:14A-1 et seq.)¹ shall be subject to the following provisions:

     a.    The percentage of growth in the fee-funded appropriations in the annual budget of a regional sewerage authority shall not exceed two percent per year; and the amount billed to customers of the authority, or the amount billed to a local unit for its proportional share of the authority's expenses, as the case may be, shall not exceed that amount billed in the previous budget year to each customer or local unit, as the case may be, by more than two percent.  ¹The provisions of this subsection shall not apply when a regional sewerage authority has incurred extraordinary costs that are directly related to a declared emergency, as defined by regulation promulgated by the Commissioner of the Department of Community Affairs.¹

     b.    After the budget of a regional sewerage authority has been approved by the members of the regional sewerage authority, the budget shall be forwarded to the Director of the Division of Local Government Services for review and approval.

     The director shall review the budget to ensure that the budget conforms with the requirements of subsection a. of this section, and that the budgeted expenditures are reasonable in cost and necessary for the performance of the regional sewerage authority.

     If the director determines that the budget meets the requirements of this subsection, the director shall approve the budget, and shall then immediately forward the budget to the Governor for the Governor's review thereof pursuant to subsection c. of this section.  If the director does not approve the budget, the director shall return the budget to the members of the regional sewerage authority with written information concerning the reasons for the disapproval of the budget.

     c.    The budget of a regional sewerage authority shall not be deemed to be approved until 15 days after the budget has been delivered to the Governor pursuant to subsection b. of this section, unless during this 15-day period the Governor has approved the budget in writing.  If, within that 15-day period, the Governor returns the budget to the members of the regional sewerage
authority with the Governor's veto of the budget, the budget shall have no effect.  If, after the 15-day review period, the Governor has not notified the regional sewerage authority of a veto of its budget, the budget shall be deemed approved by the Governor.

 

     2.    Section 35 of P.L.1946, c.138 (C.40:14A-35) is amended to read as follows:

     35.  [This act] Except as provided in section 1 of P.L.    , c.    (C.    ) (pending before the Legislature as this bill), P.L.1946, c.138 shall be construed liberally to effectuate the legislative intent and as complete and independent authority for the performance of each and every act and thing herein authorized, and a sewerage authority shall not be subject  to regulation as to its service charges or as to any other matter whatsoever by any officer, board, agency, commission or other office of the State.

(cf:  P.L.1946, c.138, s.35)

 

     3.    This act shall take effect immediately.