Bill Text: NJ A1232 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits sewerage authority from imposing connection fee in certain circumstances.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A1232 Detail]
Download: New_Jersey-2022-A1232-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
Assemblyman RAJ MUKHERJI
District 33 (Hudson)
SYNOPSIS
Prohibits sewerage authority from imposing connection fee in certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning certain sewerage authority connection fees and supplementing P.L.1946, c.138 (C.40:14A-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding the provisions of section 8 of P.L.1946, c.138 (C.40:14A-8) or any other provision of law, rule, or regulation to the contrary, a sewerage authority shall not impose a new connection fee or tapping fee upon the owner or occupant of property that is being redeveloped if the property has been connected to the sewerage system for 20 or more years. This exclusion shall apply regardless of whether:
(1) the property has not been in active use for a period of time since initial connection to the sewerage system; or
(2) redevelopment of the property proposes an addition, alteration, or change of use to the property, even if the proposed addition, alteration, or change of use requires a modification and relocation of an existing connection to the sewerage system.
b. As used in this section, the terms "redeveloped" and "redevelopment" shall not be limited to redevelopment projects authorized under the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.).
c. If prior to the date of enactment of this act a sewerage authority imposed a new connection fee or tapping fee that is not authorized under this section, and the owner or occupant of the property paid the fee under protest, the authority shall reimburse the amount paid to the owner or occupant.
2. This act shall take effect immediately.
STATEMENT
This bill would encourage redevelopment of obsolete or vacant property by prohibiting a sewerage authority from imposing a new connection fee if the property being redeveloped was previously connected to the sewerage system for 20 or more years. This exclusion would apply although:
· the property has not been in active use for a period of time since initial connection to the sewerage system, or
· the redevelopment project proposes an addition, alteration, or change of use to the property, even if the proposed addition, alteration, or change of use requires a modification and relocation of an existing connection to the sewerage system.
The bill would also require a sewage authority to reimburse the fee for a new connection, paid in protest by the owner or occupant of the property, that was imposed by the authority prior to the effective date of the bill.
The Legislature has, in the past, recognized, and continues to recognize, the value and benefit to the public of redeveloping obsolete properties and vacant properties. The policy of the State encourages redevelopment of obsolete properties and vacant properties. Many redevelopment sites have been connected to public sewerage systems for years. In some instances, past and present owners of such sites have already contributed economically to the sewerage systems either through direct cash payments, past connection fees, or past service fees. In these instances, requiring the redeveloper of obsolete or vacant property to pay a new connection fee, which may reach into the millions of dollars, is inequitable, even if a new connection, or modification of an existing connection, is required, because the new connection fee inhibits redevelopment efforts.
