Bill Text: NJ S2166 | 2014-2015 | Regular Session | Amended
Bill Title: "Comprehensive Regulated Grease Recycling Act."
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Vetoed) 2015-05-14 - Absolute Veto, Received in the Senate [S2166 Detail]
Download: New_Jersey-2014-S2166-Amended.html
Sponsored by:
Senator RAYMOND J. LESNIAK
District 20 (Union)
SYNOPSIS
"Comprehensive Regulated Grease Recycling Act."
CURRENT VERSION OF TEXT
As reported by the Senate Environment and Energy Committee on January 13, 2015, with amendments.
An Act concerning the regulation of grease recycling businesses, supplementing Title 13 of the Revised Statutes, and amending N.J.S.2C:20-2 and N.J.S.2C:21-3.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) This act shall be known and may be cited as the "Comprehensive Regulated Grease Recycling Act."
2. (New section) As used in this act:
"Business concern" means any corporation, limited liability company, firm, partnership, sole proprietorship, trust, or other form of commercial organization. A business concern may include one or more facilities at one or more locations.
"Department" means the Department of Environmental Protection.
"Facility" means an individual operating location of a registrant.
"Grease" means (1) used cooking oil, spent shortenings, or any other inedible kitchen grease or waste vegetable oil produced in or by restaurants or food facilities; and (2) residual yellow grease, waste water, and debris principally derived from food preparation or processing, or waste that is intercepted by and contained in grease traps, in any quantity, as generated in restaurants, food facilities, and wastewater treatment plants.
"Grease container" means a container owned or used by a registrant or a registrant's customer to store grease prior to or following transport.
"Grease recycling business" means a commercial establishment which, as one of its business purposes, accepts grease for the purpose of resale or processing.
"Grease recycling registration" means an approval to operate a business concern engaged in grease recycling services issued pursuant to section 1[5 of P.L.1970, c.39 (C.13:1E-5)] 3 of this act1.
"Grease recycling services" means the services provided by persons engaged in the business of grease recycling, including the collection, transportation, processing, storage, purchase, sale, resale or disposal, or any combination thereof, of grease.
"Manifest" means the documents used for identifying the quantity, origin, routing, and destination of grease during its transportation from the point of generation to the point of processing, storage, or disposal.
"Person" means any individual or business concern.
"Registrant" means any person, business concern, or vehicle registered under section 3 of this act.
3. (New section) Except as otherwise provided in this section:
a. No person shall engage in grease recycling services unless the person is a registrant with the department, and prominently displays a decal issued by the department.
b. No grease recycling business shall accept grease unless it is a registrant with the department, and prominently displays a decal issued by the department.
c. No vehicle shall be used to transport grease unless the vehicle is a registrant with the department, and prominently displays a decal issued by the department.
d. No less than 30 days before commencing grease recycling services, a person shall:
(1) register with the department by submitting to the department an annual registration application, in the form and manner specified by the department. A registrant shall also annually update rosters of employees, facilities, and vehicles, and shall post such information on a publicly available website;
(2) pay an annual registration fee, as determined by the department, which fee shall be based upon, and not exceed, the department's cost of administering this act;
(3) at the time of registration, post with the department a surety bond or other debt instrument or method of financial assurance, as determined by the department, in an amount reasonably sufficient to remediate any environmental or health harm caused by noncompliant disposal, dumping, or other release of grease; and
(4) submit proof of vehicle insurance with personal injury and property damage combined single liability limits of at least $1,000,000.
e. Each person, facility, and vehicle engaged in the collection, transportation, processing, storage, or disposal of grease shall be separately registered; except that, if a person so engaged employs another person to collect, transport, process, store, or dispose of grease, the individual so employed shall not be required to be separately registered.
f. Upon receiving the application, fee, 1[and]1 bond or other debt instrument or method of financial assurance, 1and proof of vehicle insurance, as applicable,1 the department shall 1[register] approve the registration of1 the person, facility, or vehicle. At that time, the department shall provide to the registrant any decals required pursuant to section 4 of this act.
4. (New section) a. Upon registration of a vehicle or facility, the department shall issue decals to the registrant, which the registrant shall promptly affix to the vehicle or facility.
b. The department shall number each decal and maintain records identifying each number and registrant. A decal shall be valid for a period determined by the department by regulation, not to exceed five years. A decal shall contain an expiration date, the decal number, and any other information the department determines necessary by regulation.
c. Each vehicle used in the collection or transportation of grease, and each facility, shall conspicuously display the name of the owner of the vehicle or facility and the decal number in letters not less than three inches in height.
5. (New section) a. No registrant shall accept grease for transportation or recycling unless the registrant has filled out a uniform manifest on a form established by the department and containing such information as the department determines necessary by regulation, including:
(1) a unique manifest number;
(2) the decal number of the registered vehicle used to transport the grease;
(3) the registrant's name, address, telephone number, and a signature certifying, under penalty of perjury, the accuracy of the information in the manifest;
(4) the date on which the grease was received; the name, address, and telephone number of the source of the grease; and the name, address, telephone number, and decal number of the registered facility to which the grease will be transported; and
(5) the amount of grease in the load.
b. The registrant transporting the grease shall retain one copy of the manifest and provide one copy of the manifest to the source of the grease and one copy of the manifest to the registered facility to which the grease is transported.
c. The registrant transporting the grease and the registered facility to which the grease is transported shall each keep a copy of the manifest for at least five years after the date stated on the manifest.
d. The department shall make available on its website the uniform manifest required pursuant to this section in such a manner that enables a person to either print a hard copy of the manifest or complete, store, and submit the manifest electronically. A uniform manifest shall be maintained in the same medium in which it was filled out and in accordance with the requirements of this section and rules promulgated by the department. To the extent practicable, the department shall have registrants create, maintain, store, and transmit manifests by electronic means.
e. A registrant shall keep and maintain, for at least five years, certain records as prescribed by the department by regulation, including manifests. The records shall be made available to the department for inspection upon request.
f. On or before a date specified by the department by regulation, a registrant shall submit an annual report to the department regarding the registrant's collection, transportation, processing, storage, and disposal of grease. The department shall specify the form and manner of the report by regulation. The department shall keep confidential any volumetric and proprietary information contained in the report.
6. (New section) The operator of a grease recycling business shall:
a. obtain and record the name, decal number, and copies of the driver's license or other government-issued photo identification of any person delivering or selling grease to the grease recycling business, which the operator shall maintain for at least five years;
b. maintain, for at least five years, a record of all receipts of purchases of grease, including, but not limited to:
(1) the date of receipt or purchase of the grease;
(2) the name and address of the person delivering or selling the grease;
(3) the type and number of the identification presented by the person delivering or selling the grease, along with a copy of the driver's license or other government-issued photo identification;
(4) the amount of the grease received or purchased;
(5) the signature of the person delivering or selling the grease; and
(6) any other information as may be required by the department by regulation;
c. make any records maintained pursuant to subsection b. of this section available, upon request, to the department and to any law enforcement agency or official investigating the possible theft or resale of grease.
7. (New section) The operator of a grease recycling business shall immediately report to an appropriate law enforcement agency or official any delivery or sale of grease under circumstances that would cause a reasonable person to believe the grease may have been stolen or otherwise obtained in a manner inconsistent with this act.
8. (New section) Notwithstanding any other provision of law to the contrary, a person who reports information to a law enforcement agency or official concerning a potentially illegal delivery or sale of grease shall be immune from any civil liability arising from the report, unless the person has acted in bad faith or with reckless disregard of the truth or falsity of the report.
9. (New section) a. It shall be a violation of this act for any person to:
(1) sell or offer to sell grease to a person for transport or recycling who is not registered pursuant to this act;
(2) steal or damage a grease container owned by another person, or place a label on a container owned by another person with the intent to assert ownership over the container;
(3) take possession of grease from a person who is not registered pursuant to this act or take possession of grease that was stolen, other than at the request of the department or a law enforcement agency or officer following impoundment; or
(4) collect, transport, process, store, or dispose of grease in any manner that violates this act.
b. A container in which grease has been deposited that bears a name on the container shall be presumed to be owned by the person named on the container.
10. (New section) a. Any person who violates this act commits a disorderly persons offense.
b. Any person convicted of a violation of the provisions of this act is subject to a civil fine of not less than $2,500 for a first offense, not more than $5,000 for a second offense and not more than $10,000 for a third and every subsequent offense. Each day during which the violation continues constitutes an additional, separate, and distinct offense.
c. If a person is convicted of a violation of this act, the court shall, in addition to the penalties provided under subsection b. of this section, require the person to perform community service for a term of not more than 90 days, and the person shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than six months nor more than one year.
d. All conveyances used or intended for use in the unlawful transportation or disposal of grease in violation of this act are subject to forfeiture to the State pursuant to the provisions of P.L.1981, c.387 (C.13:1K-1 et seq.).
e. Notwithstanding the provisions of P.L.1981, c.387 (C.13:1K-1 et seq.) or any other law to the contrary, whenever a conveyance is forfeited to the State pursuant to subsection d. of this section, the proceeds from the disposal and sale of the conveyance shall be remitted to the chief financial officer of the municipality wherein the violation occurred, to be used by the municipality to help finance enforcement activities undertaken pursuant to section 13 of P.L.1970, c.40 (C.48:13A-12) or section 2 of P.L.1989, c.118 (C.13:1E-9.3).
f. No person charged with the theft of grease or a grease container pursuant to N.J.S.2C:20-2 may be charged with or plead to a lesser offense, where such charge is for a second or subsequent offense.
11. (New section) In addition to any other penalties provided by this act, the department may suspend or revoke a registration at any time if, based upon evidence, the department determines that the registrant has:
a. sold or offered for sale to a person not registered pursuant to this act any grease knowing the unregistered person would transport or recycle the grease in violation of this act;
b. stolen, misappropriated, contaminated, or damaged any grease container or grease therein;
c. taken possession of grease from transporter not registered pursuant to this act, or that has been stolen; or
d. otherwise failed to comply with this act.
12. N.J.S.2C:20-2 is amended to read as follows:
2C:20-2. a. Consolidation of Theft and Computer Criminal Activity Offenses. Conduct denominated theft or computer criminal activity in this chapter constitutes a single offense, but each episode or transaction may be the subject of a separate prosecution and conviction. A charge of theft or computer criminal activity may be supported by evidence that it was committed in any manner that would be theft or computer criminal activity under this chapter, notwithstanding the specification of a different manner in the indictment or accusation, subject only to the power of the court to ensure fair trial by granting a bill of particulars, discovery, a continuance, or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
b. Grading of theft offenses.
(1) Theft constitutes a crime of the second degree if:
(a) The amount involved is $75,000.00 or more;
(b) The property is taken by extortion;
(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the quantity is in excess of one kilogram;
(d) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is $75,000.00 or more;
(e) The property stolen is human remains or any part thereof; except that, if the human remains are stolen by deception or falsification of a document by which a gift of all or part of a human body may be made pursuant to P.L.2008, c.50 (C.26:6-77 et al.), the theft constitutes a crime of the first degree; or
(f) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is $50,000.00 or more.
(2) Theft constitutes a crime of the third degree if:
(a) The amount involved exceeds $500.00 but is less than $75,000.00;
(b) The property stolen is a firearm, motor vehicle, vessel, boat, horse, domestic companion animal or airplane;
(c) The property stolen is a controlled dangerous substance or controlled substance analog as defined in N.J.S.2C:35-2 and the amount involved is less than $75,000.00 or is undetermined and the quantity is one kilogram or less;
(d) It is from the person of the victim;
(e) It is in breach of an obligation by a person in his capacity as a fiduciary and the amount involved is less than $50,000.00;
(f) It is by threat not amounting to extortion;
(g) It is of a public record, writing or instrument kept, filed or deposited according to law with or in the keeping of any public office or public servant;
(h) The property stolen is a person's benefits under federal or State law, or from any other source, which the Department of Human Services or an agency acting on its behalf has budgeted for the person's health care and the amount involved is less than $75,000.00;
(i) The property stolen is any real or personal property related to, necessary for, or derived from research, regardless of value, including, but not limited to, any sample, specimens and components thereof, research subject, including any warm-blooded or cold-blooded animals being used for research or intended for use in research, supplies, records, data or test results, prototypes or equipment, as well as any proprietary information or other type of information related to research;
(j) The property stolen is a New Jersey Prescription Blank as referred to in R.S.45:14-14;
(k) The property stolen consists of an access device or a defaced access device; [or]
(l) The property stolen consists of anhydrous ammonia and the actor intends it to be used to manufacture methamphetamine ; or
(m) The property stolen is "grease" or a "grease container" as defined and regulated pursuant to P.L. , c. (C. _) (pending before the Legislature as this bill).
(3) Theft constitutes a crime of the fourth degree if the amount involved is at least $200.00 but does not exceed $500.00.
(4) Theft constitutes a disorderly persons offense if:
(a) The amount involved was less than $200.00; or
(b) The property stolen is an electronic vehicle identification system transponder.
The amount involved in a theft or computer criminal activity shall be determined by the trier of fact. The amount shall include, but shall not be limited to, the amount of any State tax avoided, evaded or otherwise unpaid, improperly retained or disposed of. Amounts involved in thefts or computer criminal activities committed pursuant to one scheme or course of conduct, whether from the same person or several persons, may be aggregated in determining the grade of the offense.
c. Claim of right. It is an affirmative defense to prosecution for theft that the actor:
(1) Was unaware that the property or service was that of another;
(2) Acted under an honest claim of right to the property or service involved or that he had a right to acquire or dispose of it as he did; or
(3) Took property exposed for sale, intending to purchase and pay for it promptly, or reasonably believing that the owner, if present, would have consented.
d. Theft from spouse. It is no defense that theft or computer criminal activity was from or committed against the actor's spouse, except that misappropriation of household and personal effects, or other property normally accessible to both spouses, is theft or computer criminal activity only if it occurs after the parties have ceased living together.
(cf: P.L.2013, c.58, s.2)
13. N.J.S.2C:21-3 is amended to read as follows:
2C:21-3 a. Fraudulent destruction, removal or concealment of recordable instruments. A person commits a crime of the third degree if, with purpose to deceive or injure anyone, he destroys, removes or conceals any will, deed, mortgage, security instrument or other writing for which the law provides public recording.
b. Offering a false instrument for filing. A person is guilty of a disorderly persons offense when, knowing that a written instrument contains a false statement or false information, he offers or presents it to a public office or public servant with knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office or public servant.
c. False statement in a registration or manifest. A person commits a crime of the third degree when he signs a manifest or registration pursuant to P.L. , c. (C. _) (pending before the Legislature as this bill) with knowledge that the manifest or registration contains a false statement.
(cf: N.J.S.2C:21-3)
14. (New section) a. Within 180 days after the date of enactment of this act, and notwithstanding the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Commissioner of Environmental Protection shall, immediately upon filing proper notice with the Office of Administrative Law, adopt the rules and regulations necessary to establish a grease recycling registration program established pursuant to sections 2 through 6 of this act.
b. The rules and regulations adopted pursuant to subsection a. of this section shall be in effect for a period not to exceed one year after the date of the filing. Thereafter, the commissioner shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary for the implementation of this act.
15. Sections 2 through 6 of this act shall take effect on the 180th day after the date of enactment and the remainder of this act shall take effect immediately.
