On March 6, the Assembly Environment, Natural Resources and Solid Waste Committee favorably reported A-3534 with amendments, which concerns annual economic benefits for certain solid waste facilities.
A-3534 initially established timeframes for the adoption of, and required public comment on, proposed host community benefit agreements for certain solid waste facilities. Additionally, it authorized residents to petition the State to establish or adjust host community benefit agreements.
Prior to the Committee hearing, the League expressed concerns to the sponsor regarding the overly burdensome process. In its original form, A-3534 would require local elected officials, when they negotiate a host community benefit agreement with a sanitary landfill facility or transfer station, to provide notice to the Department of Environmental Protection (DEP) or Board of Public Utilities (BPU) as appropriate. Additionally, it requires the completion of negotiations within 180 days after commenced; and a 45-day period allowing the public to comment prior to the agreement being submitted to the DEP or BPU. It would also allow residents of a municipality with a host community agreement the ability to petition the DEP or BPU for an order establishing or adjusting host community benefit agreements.
These requirements would likely harm the bargaining position of elected municipal officials as they attempt to negotiate a host community agreement. Allowing additional parties to be a party to active negotiations can dilute the local authority combined with the possibility that a bargained for agreement can later be altered further harms the bargaining position of the municipality.
The amendments to the legislation did provide more flexibility to local officials for budget purposes by amending the language “host community benefit agreement” to “annual economic benefits.” The League, however, still has the same concerns regarding the overly burdensome process and that the bargaining position of the municipality may be harmed during the process.
The League will continue to work with the sponsor’s staff to attempt to find resolutions to our concerns. The bill has been second referenced to the Assembly Oversight, Reform and Federal Relations Committee. The companion bill in the senate, S-1991, is scheduled to be heard on Monday in the Senate Environment and Energy Committee. The League also spoke with the senate sponsor’s staff to voice our concerns and we will continue to advise you on developments.
Contact: Erin Knoedler, Legislative Analyst, eknoedler@njlm.org, 609-695-3841 x116.