Bill Text: NJ A4301 | 2016-2017 | Regular Session | Introduced
Bill Title: Permits local units and authorities to defer, reduce, or waive solid waste and recycling service fees for deployed military personnel.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-10-27 - Introduced, Referred to Assembly State and Local Government Committee [A4301 Detail]
Download: New_Jersey-2016-A4301-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Permits local units and authorities to defer, reduce, or waive solid waste and recycling service fees for deployed military personnel.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning solid waste and recycling service fees for deployed military personnel and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 15 of P.L.1977, c.384 (C.40:14B-22.1) is amended to read as follows:
15. a. Every municipal authority is hereby authorized to charge and collect rents, rates, fees or other charges (in this act sometimes referred to as "solid waste service charges") for the use or services of the solid waste system. Such solid waste service charges may be charged to and collected from any municipality or any person contracting for such use or services or from the owner or occupant, or both of them, of any real property from or on which originates or has originated any solid waste to be treated by the solid waste system of the authority, and the owner of any such real property shall be liable for and shall pay such solid waste service charges to the municipal authority at the time when and place where such solid waste service charges are due and payable. Such rents, rates, fees and charges, being in the nature of use or service charges, shall as nearly as the authority shall deem practicable and equitable be uniform throughout the county for the same type, class and amount of use or service of the solid waste system, except as permitted by subsection b. of this section and section 1 of P.L.1992, c.215 (C.40:14B-22.2), and may be based or computed on any factors determining the type, class and amount of use or service of the solid waste system, and may give weight to the characteristics of the solid waste and any other special matter affecting the cost of treatment and disposal of the same.
b. A municipal authority, which bills individual retail customer accounts, may establish within its district rates or schedules which provide for a deferment without interest, reduction, or total abatement of the solid waste service charges for the provision of solid waste services, including recycling, that are attributable to a residence owned, in full or in part, by a person who is enlisted in any branch of the Armed Forces of the United States for the period of time during which that person is deployed for active service in time of war.
(cf: P.L.1992, c.215, s.3)
2. Section 14 of P.L.1960, c.183 (C.40:37A-57) is amended to read as follows:
14. a. Every authority is hereby authorized to charge and collect tolls, rents, rates, fares, fees or other charges (in this act sometimes referred to as "facility charges") in connection with, or for the use or services of, or otherwise relating to, any public facility or other property owned, leased or controlled by the authority. If the public facility is a system of solid waste disposal, including, but not limited to, a resource recovery facility, recycling plant or transfer station owned, leased or controlled by the authority, the authority may charge and collect in connection with that system from any governmental unit included within the jurisdiction of the authority or which contracts for service with that authority or from any owner or occupant of any real property situated in a constituent municipality or in a municipality which contracts for service with that authority. Such facility charges may be charged to and collected from any governmental unit or person and such governmental unit or person shall be liable for and shall pay such facility charges to the authority at the time when and place where such facility charges are due and payable.
b. An authority, which bills individual retail customer accounts, may establish rates or schedules which provide for a deferment without interest, reduction, or total abatement of the facility charges for the provision of solid waste services, including recycling, that are attributable to a residence owned, in full or in part, by a person who is enlisted in any branch of the Armed Forces of the United States for the period of time during which that person is deployed for active service in time of war.
(cf: P.L.1988, c.140, s.1)
3. R.S.40:66-5 is amended to read as follows:
40:66-5. a. The governing body may provide for the collection or disposal of solid waste at the general expense, or if deemed by it more advisable, impose rates or charges (hereinafter referred to as "solid waste charges") to be charged by the municipality for the collection or disposal of solid waste, provide for the manner of payment of the same, and maintain an action at law to recover any moneys due therefor.
b. Whenever the governing body determines to provide for the collection or disposal of solid waste by imposing solid waste charges on a per container basis, the governing body shall adopt an ordinance to:
(1) Establish a rate schedule of solid waste charges based on the number of solid waste containers processed per household; and
(2) Provide residents with the opportunity to purchase, on a prepaid basis, one or more solid waste containers, or a voucher or sticker therefor, to facilitate the payment of solid waste charges on a per container basis.
c. Whenever the governing body adopts an ordinance pursuant to subsection b. of this section, the ordinance may include provisions limiting solid waste collection service to specified operating hours in order to preserve the peace and quiet in neighborhoods during the hours when most residents are asleep.
d. Whenever the governing body adopts an ordinance pursuant to subsection b. of section 6 of P.L.1987, c.102 (C.13:1E-99.16), the ordinance may include provisions limiting recyclable material collection service to specified operating hours in order to preserve the peace and quiet in neighborhoods during the hours when most residents are asleep.
e. The governing body of a municipality, which bills individual retail customer accounts, may establish rates or schedules which provide for a deferment without interest, reduction, or total abatement of the solid waste charges for the provision of solid waste services, including recycling, that are attributable to a residence owned, in full or in part, by a person who is enlisted in any branch of the Armed Forces of the United States for the period of time during which that person is deployed for active service in time of war.
(cf: P.L.2001, c.92, s.3)
4. Section 8 of P.L.1948, c.348 (C.40:66A-8) is amended to read as follows:
8. (a) Every incinerator or environmental services authority is hereby authorized to charge and collect rents, rates, fees or other charges (in this act sometimes referred to as "service charges") for the services and facilities of the garbage disposal system.
(b) (1) Such rents, rates, fees and charges, being in the nature of use or service charges, shall as nearly as the incinerator or environmental services authority shall deem practicable and equitable be uniform throughout the district for the same type, class and amount of use or service of the garbage disposal system , except as permitted by paragraph (2) of this subsection.
(2) An incinerator or environmental services authority, which bills individual retail customer accounts, may establish within its district rates or schedules which provide for a deferment without interest, reduction, or total abatement of the service charges for the provision of solid waste services, including recycling, that are attributable to a residence owned, in full or in part, by a person who is enlisted in any branch of the Armed Forces of the United States for the period of time during which that person is deployed for active service in time of war.
(c) The incinerator or environmental services authority shall prescribe and from time to time when necessary revise the schedule of such service charges, which in any event shall be such that the revenues of the incinerator or environmental services authority will at all times be adequate to pay all expenses of operation and maintenance of the garbage disposal system, including reserves, insurance, extensions, and replacements, and to pay punctually the principal of and interest on any bonds and to maintain such reserves or sinking funds therefor as may be required by the terms of any contract of the incinerator or environmental services authority. Said schedule shall thus be prescribed and from time to time revised by the incinerator or environmental services authority after public hearing thereon which shall be held by the incinerator or environmental services authority at least 7 days after publication of notice of the proposed adjustment of the service charges and of the time and place of the public hearing in at least two newspapers of general circulation in the area serviced by the authority. The incinerator or environmental services authority shall provide evidence at the hearing showing that the proposed adjustment of the service charges is necessary and reasonable, and shall provide the opportunity for cross-examination of persons offering such evidence, and a transcript of the hearing shall be made and a copy thereof shall be available upon request to any interested party at a reasonable fee. The incinerator or environmental services authority shall likewise fix and determine the time or times when and the place or places where such service charges shall be due and payable and may require that such service charges shall be paid in advance for periods of not more than 1 year. A copy of such schedule of service charges in effect shall at all times be kept on file at the principal office of the incinerator or environmental services authority and shall at all reasonable times be open to public inspection.
(cf: P.L.2012, c.31, s.10)
5. Section 8 of P.L.1970, c.242 (C.40:66A-31.8) is amended to read as follows:
8. a. After the commencement of operation of solid waste disposal facilities, the county may prescribe and change from time to time rates or rentals to be charged for the use of the services of such facilities. Such rates or rentals being in the nature of use or service charges or annual rental charges, shall be uniform and equitable for the same type and class of use or service of such facilities , except as permitted by subsection b. of this section. Such rates or rentals and types and classes of use and service may be based on such factors as the board of chosen freeholders of the county shall deem proper and equitable.
b. A county, which bills individual retail customer accounts, may establish rates or schedules which provide for a deferment without interest, reduction, or total abatement of the rates or rentals for the provision of solid waste services, including recycling, that are attributable to a residence owned, in full or in part, by a person who is enlisted in any branch of the Armed Forces of the United States for the period of time during which that person is deployed for active service in time of war.
(cf: P.L.1970, c.242, s.8)
6. Section 8 of P.L.1968, c.249 (C.40:66A-41) is amended to read as follows:
8. (a) Every solid waste management authority is hereby authorized to charge and collect rents, rates, fees or other charges (in this act sometimes referred to as "service charges" ) for the services and facilities of the garbage and solid wastes disposal system.
(b) (1) Such rents, rates, fees and charges, being in the nature of use or service charges, shall as nearly as the solid waste management authority shall deem practicable and equitable be uniform throughout the district for the same type, class and amount of use or service of the garbage and solid wastes disposal system , except as permitted by paragraph (2) of this subsection.
(2) A solid waste management authority, which bills individual retail customer accounts, may establish within its district rates or schedules which provide for a deferment without interest, reduction, or total abatement of the service charges for the provision of solid waste services, including recycling, that are attributable to a residence owned, in full or in part, by a person who is enlisted in any branch of the Armed Forces of the United States for the period of time during which that person is deployed for active service in time of war.
(c) The solid waste management authority shall prescribe and from time to time when necessary revise the schedule of such service charges, which in any event shall be such that the revenues of the solid waste management authority will at all times be adequate to pay all expenses of operation and maintenance of the garbage and solid wastes disposal system including reserves, insurance, extensions, and replacements, and to pay punctually the principal of and interest on any bonds and to maintain such reserves or sinking funds therefor as may be required by the terms of any contract of the solid waste management authority. Said schedule shall thus be prescribed and from time to time revised by the solid waste management authority after public hearing thereon which shall be held by the solid waste management authority at least 7 days after publication of notice of the proposed adjustment of the service charges and of the time and place of the public hearing in at least two newspapers of general circulation in the area serviced by the authority. The solid waste management authority shall provide evidence at the hearing showing that the proposed adjustment of the service charges is necessary and reasonable, and shall provide the opportunity for cross-examination of persons offering such evidence, and a transcript of the hearing shall be made and a copy thereof shall be available upon request to any interested party at a reasonable fee. The solid waste management authority shall likewise fix and determine the time or times when and the place or places where such service charges shall be due and payable and may require that such service charges shall be paid in advance for periods of not more than 1 year. A copy of such schedule of service charges in effect shall at all times be kept on file at the principal office of the solid waste management authority and shall at all reasonable times be open to public inspection. It is the purpose of this subsection that the rates fixed from time to time shall produce revenue not in excess of an amount sufficient to provide for all expenses of operation and maintenance of the authority, and to provide for interest, sinking fund and amortization. Any surplus which may accrue to the authority, however, for any reason whatsoever shall be retained by the authority to reduce its rates to the extent such surplus may justify, and to increase the quality and efficiency of its operations.
(cf: P.L.1981, c.125, s.4)
7. This act shall take effect immediately.
STATEMENT
This bill would permit local units and authorities that charge fees for solid waste collection, disposal, and recycling services to defer, reduce, or waive those fees for deployed military personnel. The deferment, reduction, or total abatement would be effective during the period of time that person is deployed for active service during wartime. Interest would not accrue while a deferment authorized under the bill is in effect.
