reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-489k10 - Powers of municipality relative to local improvements.

52:27D-489k10 Powers of municipality relative to local improvements.
10. Any municipality may undertake, as a local improvement; the investigation, analysis, planning, monitoring, acquisition, removal, containment, remediation, construction, or improvement of any real property or facility necessary or desirable for the cleanup of actual, potential, or perceived environmental contamination or pollution, including without limitation, water pollution, air pollution, pollution caused by solid waste disposal, thermal pollution, radiation contamination, or other general environmental contamination or pollution which is or may become injurious to the environment or to the public health, safety, or welfare.
The governing body of a municipality undertaking a local improvement under this section may make, amend, repeal, and enforce ordinances for carrying into effect the powers granted in this section. Whenever convenient, one or more of the works provided for in R.S.40:56-1 may be undertaken together with the local improvement authorized under this section as one improvement.
L.2018, c.97, s.10.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-489k11 - Municipality may undertake local improvements on behalf of a redeveloper.

52:27D-489k11 Municipality may undertake local improvements on behalf of a redeveloper.
11. Whenever a municipality issues bonds in accordance with sections 1 through 11 of P.L.2018, c.97 (C.52:27D-489k1 et seq.), or a municipality applies to an authority to issue bonds pursuant to sections 1 through 11 of P.L.2018, c.97 (C.52:27D-489k1 et seq.), the municipality by ordinance may cause local improvements to be undertaken, or otherwise agree to acknowledge the undertaking of local improvements, by or on behalf of a redeveloper, for the powers granted under R.S.40:56-1 et seq., including section 10 of P.L.2018, c.97 (C.52:27D-489k10).
L.2018, c.97, s.11.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-489l - Creation of municipal redevelopment utility permitted.

52:27D-489l Creation of municipal redevelopment utility permitted.
12. a. A municipality may adopt an ordinance creating a municipal redevelopment utility under the name and style of "the __________ redevelopment utility," with all or any significant part of the name of the municipality inserted. The redevelopment utility shall be a municipal public utility for the purposes of Title 40A of the New Jersey Statutes.
b. The purpose of every redevelopment utility shall be to receive revenues collected pursuant to section 11 of P.L.2009, c.90 (C.52:27D-489k) and to use those revenues as payment of incentive grants, and for other local purposes that may be approved by the Local Finance Board, as that board deems necessary or useful.
c. If a municipality does not create a municipal redevelopment utility, then any revenues collected pursuant to section 11 of P.L.2009, c.90 (C.52:27D-489k) and any grants received to pay incentive grants shall be treated as riders in the municipal budget pursuant to N.J.S.40A:4-36.
L.2009, c.90, s.12.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-489m - Certain laws inoperative, without effect relative to certain applications.

52:27D-489m Certain laws inoperative, without effect relative to certain applications.
13. Sections 11 through 41 of P.L.2001, c.310 (C.52:27D-459 through C.52:27D-489) shall be inoperative and without effect for applications submitted after the effective date of P.L.2009, c.90; provided, however, those sections shall remain in effect for revenue allocation districts for which financing has been approved prior to the effective date of P.L.2009, c.90. Any revenue allocation district that has been approved prior to the effective date of P.L.2009, c.90, but for which financing has not been approved prior to that date, shall fall under the provisions of sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.).
L.2009, c.90, s.13.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-489n - Implementation guidelines, directives, rules, regulations.

52:27D-489n Implementation guidelines, directives, rules, regulations.
18. The Local Finance Board in the Department of Community Affairs, the State Treasurer, and the Economic Development Authority may adopt implementation guidelines or directives, and adopt such administrative rules, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), as are necessary for the implementation of those agencies' respective responsibilities under sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.), except that notwithstanding any provision of P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Local Finance Board, the State Treasurer, and the Economic Development Authority may adopt, immediately upon filing with the Office of Administrative Law, such rules and regulations as they deem necessary to implement the provisions of sections 3 through 18 of P.L.2009, c.90 (C.52:27D-489c et al.) which shall be effective for a period not to exceed 12 months and shall thereafter be amended, adopted, or re-adopted in accordance with the provisions of P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2009, c.90, s.18.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-489o - Ordinance for payment to municipal redeveloper for certain projects.

52:27D-489o Ordinance for payment to municipal redeveloper for certain projects.
11. a. The governing body of a municipality may, by ordinance, agree that certain eligible revenues in a project area may be paid for a period, not to exceed 20 years, to a municipal redeveloper to undertake and fund up to 100 percent of the construction of infrastructure improvements in a public right-of-way, publicly owned facilities, or public electric vehicle charging stations.
b. An ordinance adopted pursuant to subsection a. of this section shall set forth in detail the proposed construction, the proposed redevelopment project, the estimated project costs, and the projected eligible incremental revenues to be paid. No ordinance shall be finally approved by the municipality unless approved by the Local Finance Board. In deciding whether or not to approve such ordinance, the Local Finance Board shall determine whether the proposed redevelopment project consists of public electric vehicle charging stations, publicly owned facilities, or infrastructure improvements in the public right-of-way. It also shall consider the factors listed at paragraphs (1) through (8) of subsection d. of section 4 of P.L.2009, c.90 (C.52:27D-489d), provided that with respect to infrastructure improvements in the public right-of-way, it shall not consider paragraph (4) of subsection d. of section 4 of P.L.2009, c.90 (C.52:27D-489d). Such proposed redevelopment project shall conform to the requirements of sections 7, 8, and 11 of P.L.2009, c.90 (C.52:27D-489g, C.52:27D-489h, and C.52:27D-489k), except as set forth therein.
L.2010, c.10, s.11; amended 2021, c.168, s.8.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-489q - Findings, declarations relative to the "New Jersey Economic Opportunity Act of 2013."

52:27D-489q Findings, declarations relative to the "New Jersey Economic Opportunity Act of 2013."
22. The Legislature finds and declares that:
a. Healthy, thriving municipalities are vital to the health, safety, and economic well-being of the State.
b. Municipalities that are economically distressed adversely impact not only that municipality, but also affect the county and region where they are located as well as the whole State.
c. Numerous programs have been previously established to assist municipalities in economic and fiscal distress to enable them to regain health and vitality, including programs to provide increasing degrees of oversight and to provide substantial amounts of financial aid and incentives.
d. While these existing programs have proven successful in aiding a number of municipalities, others are in such difficult straits that such measures have not proven sufficient. Thus, extraordinary measures are required now to turn around the fate of such municipalities.
e. The new programs provided herein will have a substantial likelihood of achieving success where prior programs have not, and employing these programs now is crucial to the economic well-being of the county, region, and State.
f. Accordingly, the municipalities identified as Garden State Growth Zones are hereby declared blighted areas and areas in need of rehabilitation, provided however, that this declaration alone shall not be used to allow any property to be taken or acquired.
L.2013, c.161, s.22.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-489t - Severability.

52:27D-489t Severability.
27. The provisions of this act shall be severable, and if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of P.L.2013, c.161 (C.52:27D-489p et al.).
L.2013, c.161, s.27.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-489u - Appeal after property tax exemption terminated.

52:27D-489u Appeal after property tax exemption terminated.
3. Notwithstanding any other law to the contrary, a Garden State Growth Zone Development Entity that is granted a property tax exemption on improvements to eligible property pursuant to section 24 of P.L.2013, c.161 (C.52:27D-489s) may not appeal the assessed value of such improvements until after the property tax exemption is terminated.
L.2021, c.30, s.3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-493 - Neighborhood preservation and revitalization plan required for eligibility.

52:27D-493 Neighborhood preservation and revitalization plan required for eligibility.
4. In order for an entity to be eligible to receive a tax credit pursuant to P.L.2001, c.415 (C.52:27D-490 et seq.), the nonprofit organization which is the recipient of funding provided by the entity shall submit a neighborhood preservation and revitalization plan to the department for approval, and shall submit a proposed project which defines the elements of the plan to be implemented with the funds provided. Two or more nonprofit organizations may submit a plan to the department jointly. Any such plans shall designate one nonprofit organization as the lead organization with responsibility for the plan.
L.2001,c.415,s.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-494 - Approval of plan by department; standards.

52:27D-494 Approval of plan by department; standards.
5. a. The department shall determine whether a neighborhood preservation and revitalization plan should be approved. The department shall approve a neighborhood preservation and revitalization plan if it satisfies the following standards:
(1) the plan designates an eligible neighborhood; and
(2) The plan was developed through a process that
(a) gave written notice to the municipality in which the neighborhood is located of its intention to develop a plan and utilized reasonable means to inform residents, property owners, and businesses in the neighborhood of its intention to develop a plan and provided opportunities for them to participate in the development of the plan;
(b) gave written notice to the municipality in which the neighborhood is located of the proposed plan and provided an opportunity for it to comment upon it orally and in writing, complied with all of the requirements of the "Municipal Land Use Law," P.L.1975, c.291 (C.40:55D-1 et seq.) concerning the plan, utilized reasonable means to inform residents, property owners, and businesses in the neighborhood of the proposed plan and provided an opportunity for them to comment upon it orally and in writing; and
(c) involved consultation with nonprofit organizations located within the neighborhood or providing services to residents of the neighborhood;
(3) The plan is not inconsistent with any redevelopment plan adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.), and currently being implemented;
(4) The plan sets forth an overall concept of the future of the neighborhood; one or more strategies to foster preservation and revitalization of the neighborhood in accordance with that concept; one or more activities, including housing and economic development activities and other preservation and revitalization activities proposed within the neighborhood to foster preservation and revitalization of the neighborhood in furtherance of those strategies, including a description of funding sources obtained or to be sought for the planned activities and a timetable for the conduct of those activities; and
(5) The plan covers a period of no more than ten years.
b. A nonprofit organization may, in submitting a proposed plan pursuant to P.L.2001, c.415 (C.52:27D-490 et seq.), adopt a redevelopment plan adopted pursuant to the "Local Redevelopment and Housing Law," P.L.1992, c.79 (C.40A:12A-1 et seq.), and currently being implemented, as its neighborhood preservation and revitalization plan or a neighborhood preservation and revitalization plan previously approved by the department.
c. A nonprofit organization that has submitted a neighborhood preservation and revitalization plan to the department may seek to amend it at any time. The department shall approve amendments if they comply with the standards set forth in subsection a. of this section.
L.2001, c.415, s.5; amended 2003, c.59, s.2; 2019, c.144, s.3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-495.1 - Microenterprise programs, certain, emphasis on project applications.

52:27D-495.1 Microenterprise programs, certain, emphasis on project applications.
3. a. In its determination of qualified projects proposed by nonprofit organizations, pursuant to section 6 of P.L.2001, c.415 (C.52:27D-495), the Department of Community Affairs shall give emphasis to project applications that involve the development or expansion of a microenterprise, benefit low and moderate income neighborhoods, and improve the quality of life for neighborhood residents.
b. As used in this section, "microenterprise" means a commercial enterprise that has five or fewer employees, one or more of whom owns the enterprise.
L.2017, c.25, s.3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-497 - Monitoring of projects carried out by nonprofit organizations.

52:27D-497 Monitoring of projects carried out by nonprofit organizations.
8. a. The commissioner shall monitor the carrying out by nonprofit organizations of projects for which assistance has been received and tax credits awarded pursuant to P.L.2001, c.415 (C.52:27D-490 et seq.) to ascertain whether the assistance is being used for the activities for which it was approved. The commissioner may require the submission of reports, the audit of financial records, the conduct of investigations, the posting of bonds or security and the inspection of activities whether carried out on the premises of the nonprofit organization or elsewhere. In furtherance of this function, the commissioner, or his or her designee, may issue subpoenas, hold evidentiary hearings, and administer oaths.
b. If, after notice and hearing, the commissioner determines that assistance is not being used for the activities for which it was approved, the commissioner may impose sanctions, including but not limited to:
(1) Requiring corrective actions by the nonprofit organization;
(2) Requiring that assistance or its cash value be paid back to the department. The department shall account for such funds to the Treasurer and may expend them in any manner that lawfully furthers the purposes of P.L.2001, c.415 (C.52:27D-490 et seq.).
(3) Revoking the department's determination that the project was qualified; or
(4) Barring the nonprofit for a period of time from approval of future projects.
c. No sanction imposed by the commissioner against the nonprofit organization shall affect the validity of the credits for assistance already contributed allowed to a business entity that was not on notice of the wrongful actions of the nonprofit at the time it made the contribution.
d. In the event a project proposed by a nonprofit cannot be completed, the department may take whatever action necessary to ensure that the funds earmarked for the failed project are reallocated to a project which is proceeding.
L.2001,c.415,s.8.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-498 - Forms, procedures, rules; reports.

52:27D-498 Forms, procedures, rules; reports.
9. a. In order to administer the neighborhood preservation and revitalization tax credit program, the department shall establish any necessary forms, procedures or rules to effectuate P.L.2001, c.415 (C.52:27D-490 et seq.), in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.). The department shall seek to foster use of the tax credit and to make the tax credit simple to apply for and simple to use.
b. The department shall act as a clearinghouse. It shall maintain lists of qualified projects and of business entities that have expressed a desire to provide assistance to qualified projects. The department shall pool applications from business entities in order to provide assistance to qualified projects as provided in section 7 of P.L.2001, c.415 (C.52:27D-496).
c. The department shall give priority in processing to applications that demonstrate a multi-year commitment by the business entity to implementation of the neighborhood preservation and revitalization plan.
d. The department shall submit to the Governor and Legislature an annual report which shall include at least:
(1) the purpose and effectiveness of the credit;
(2) the benefits of the credit to the State;
(3) any recommendations by the department as to changes in legislation needed to better carry out the purposes of P.L.2001, c.415 (C.52:27D-490 et seq.).
e. For each application by, or on behalf of, a business entity to approve assistance for a project, the department may charge a fee of up to five percent of the amount of assistance proposed, or approved, whichever is less, to pay for the administration of this program. The department may require that up to one third of this amount be paid at the time of submission of the application or declaration of intent, and that the balance be taken from the amount deposited into the trust fund upon deposit therein.
L.2001, c.415, s.9; amended 2003, c.59, s.4; 2019, c.144, s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-499 - Copy of certificate to taxpayers of the entity.

52:27D-499 Copy of certificate to taxpayers of the entity.
10. a. If a partnership, an S corporation, or a limited liability company qualifies for the credit, it shall provide a copy of the certificate to the taxpayers of the entity.
b. A taxpayer shall attach a copy of the certificate to any return upon which a credit is claimed under this section.
c. Any credit taken in this section may be subject to audit by the department or the State Treasurer.
L.2001,c.415,s.10.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-500 - Neighborhood Revitalization Non-lapsing Trust Fund.

52:27D-500 Neighborhood Revitalization Non-lapsing Trust Fund.
5. A non-lapsing trust fund is hereby established in the State treasury to be known as the Neighborhood Revitalization Non-lapsing Trust Fund, into which all assistance from business entities receiving certificates under the provisions of P.L.2001, c.415 (C.52:27D-490 et seq.) shall be deposited by the department and from which all assistance for projects approved by the department shall be drawn. All interest earned on the funds deposited in the trust fund shall be retained in the trust fund to be used in accordance with sections 7 and 8 of P.L.2001, c.415 (C.52:27D-496 and C.52:27D-497).
L.2003,c.59,s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-501 - Findings, declarations relative to municipal consolidation and efficiency.

52:27D-501 Findings, declarations relative to municipal consolidation and efficiency.
1. The Legislature finds and declares:
a. The State of New Jersey currently has 566 municipalities, 616 school districts, and 186 fire districts, each with its own layers of local bureaucracy that contribute to the high property tax burden suffered by New Jersey residents.
b. Consolidating local units, structurally and administratively streamlining county and municipal government, and transferring services to the most appropriate level of government for delivery would help to alleviate the property tax crisis by reducing the administrative costs of local government and making the delivery of local services more efficient due to economies of scale.
c. Due to legal obstacles, conflicting interests, and local concerns about sacrificing community identity, current laws permitting consolidation of municipalities and sharing of services between local units are seldom used.
d. Tough political decisions are often most expeditiously made through the use of bipartisan commissions, as demonstrated by the success of the federal base realignment and closure (BRAC) procedure.
e. Municipalities and other taxing districts are creatures of the Legislature; however, due to the pervasive notion of "home rule" and the political conflicts inherent in mandatory consolidation, it is necessary and proper to establish a bipartisan commission to fairly examine the allocation of responsibilities among local units in order to determine: (1) which level of government is best suited to deliver a given local government service, and (2) when consolidation will reduce the property tax burden for pairs or groups of local units, and to make those recommendations to the Legislature for approval by the affected voters in order to make a serious effort to reduce the number of municipalities and other local units in the State.
f. Consolidation and mandates for increased efficiency in the delivery of services are complementary processes, as the former reduces the administrative costs of local government on an external level and the latter does so on an internal level.
g. Local governments must be trained to use performance measures for decision making, strategic planning, performance improvement, accountability, and communication, and rewarded for increased efficiencies that result from their use.
L.2007,c.54,s.1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-502 - "Commission," "local unit" defined.

52:27D-502 "Commission," "local unit" defined.
2. For the purposes of this act:
"Commission" means the "Local Unit Alignment, Reorganization, and Consolidation Commission" established pursuant to section 3 of P.L.2007, c.54 (C.52:27D-503).
"Local unit" means a municipality or fire district, and shall not include a school district, regional school district, or county.
L.2007,c.54,s.2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-503 - "Local Unit Alignment, Reorganization, and Consolidation Commission."

52:27D-503 "Local Unit Alignment, Reorganization, and Consolidation Commission."
3. a. There is established in but not of the Department of Community Affairs, the "Local Unit Alignment, Reorganization, and Consolidation Commission."
b. The commission shall consist of nine voting members: the Commissioner of Community Affairs (or a designee) and the State Treasurer (or a designee), who shall both serve ex-officio; and seven public members, and shall be appointed as follows: one member appointed by the President of the Senate, one member appointed by the Minority Leader of the Senate, one member appointed by the Speaker of the General Assembly, one member appointed by the Minority Leader of the General Assembly, and three members, no more than two of whom shall be of the same political party, appointed by the Governor, with the advice and consent of the Senate. Of the three public members appointed by the Governor, one member shall reside in a northern county (Bergen, Essex, Hudson, Morris, Passaic, Union, Sussex, or Warren), one member shall reside in a central county (Hunterdon, Mercer, Middlesex, Monmouth, or Somerset), and one member shall reside in a southern county (Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean, or Salem). No appointee shall be an elected official of a local unit or county unless that person has significant experience in shared service initiatives and demonstrated success at having implemented such agreements at the local level.
c. Members of the commission shall serve without compensation, but shall be reimbursed for expenses actually incurred in the performance of their duties.
d. The members shall be appointed within 60 days following the effective date of this act. The public members shall serve for terms of five years and until the appointment and qualification of a successor; except that in making the first appointments to the commission, one person shall be appointed to serve for one year, one for two years, one for three years, one for four years, and four for five years. The length of the respective term of each member of the first commission shall be determined by lot at the organization of the first commission. A public member may be reappointed. Any vacancy in the membership of the commission shall be filled in the same manner as the original appointment was made for the unexpired term only.
L.2007,c.54,s.3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-504 - Organization of commission, executive director and staff, meetings.

52:27D-504 Organization of commission, executive director and staff, meetings.
4. a. The "Local Unit Alignment, Reorganization, and Consolidation Commission" shall organize as soon as practicable after the appointment of its members and annually shall select a chair from among its members and a secretary, who need not be a member of the commission. The commission shall appoint an executive director, who shall serve at the pleasure of the commission and who shall have expertise in one or more local government subjects, such as planning, local finance, geography, taxation, or other relevant fields. The executive director shall appoint professional staff qualified by training and experience to serve the commission. The executive director and professional staff shall serve at the pleasure of the commission.
b. The commission may meet and hold hearings at the places it designates throughout the State.
L.2007,c.54,s.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-506 - Local entities to cooperate with commission.

52:27D-506 Local entities to cooperate with commission.
6. a. The "Local Unit Alignment, Reorganization, and Consolidation Commission" shall work in conjunction with the Local Finance Board and the Division of Local Government Services in the Department of Community Affairs. To the extent possible, the commission shall be entitled to the assistance and services of the employees of any State department, board, bureau, commission, or agency, as it may require and as may be available to it for its purposes.
b. The commission shall be entitled to the cooperation of the officials and employees of every county and municipality as it may require.
c. The commission may incur traveling and other miscellaneous expenses necessary to perform its duties, within the limits of funds available to it for its purposes.
L.2007,c.54,s.6.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-507 - Annual report to Governor, Legislature; consolidation proposals.

52:27D-507 Annual report to Governor, Legislature; consolidation proposals.
7. a. The "Local Unit Alignment, Reorganization, and Consolidation Commission" shall annually, by January 31st, submit to the Governor and the Legislature a report summarizing the commission's activities over the course of the previous calendar year.
b. In the event that the commission proposes consolidation of local units or a shared services agreement, the commission shall submit a consolidation or shared services proposal to the Governor and the Legislature no later than May 1st of the year in which the proposed consolidation is to be put before the voters pursuant to subsection a. of section 8 of P.L.2007, c.54 (C.52:27D-508). A municipal consolidation proposal shall include, but not be limited to, a description of the form of government, the election of officers, the apportionment of debts, and other issues between pairs or groups of municipalities which the commission proposes should consolidate or share services.
c. A consolidation or shared services proposal shall take effect at the end of a period of 30 calendar days after the date on which the proposal is transmitted to the Senate and General Assembly, on a day on which both thereof shall be meeting in the course of a regular or special session, unless, between the date of transmittal and the end of the 30-day period, the Legislature passes a concurrent resolution stating in substance that the Legislature does not favor the consolidation proposal.
L.2007,c.54,s.7.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-508 - Recommendations put before voters; adoption.

52:27D-508 Recommendations put before voters; adoption.
8. a. Upon the taking effect of a consolidation or shared services proposal pursuant to subsection b. of section 7 of P.L.2007, c.54 (C.52:27D-507), each recommendation included therein shall be put before the affected voters at the next general election and shall become effective only upon its adoption by a majority of the voters of each affected municipality.
b. In order to effectuate the provisions of subsection a. of this section, the Secretary of State shall forward to the clerk of each county in which the affected local units are located a public question to be included on the ballots at the next general election for the election districts encompassing those affected local units.
(1) The question with respect to consolidation shall read as follows:
"Shall (insert the names of the participating local units) be consolidated into a single local unit to be known as (insert the name proposed for the consolidated local unit)?"
(2) The question with respect to shared services shall read as follows:
"Shall (insert the services to be shared) be jointly undertaken between (insert the names of the entities between which sharing is to occur)?"
c. The consolidation of pairs or groups of local units recommended for consolidation under subsection a. of this section shall be accomplished within 14 months following the voter approval of the consolidation recommendation.
d. The adoption of a form of government, the election of officers, the apportionment of debts, and other issues between pairs or groups of municipalities required to consolidate pursuant to an approved consolidation recommendation under subsection c. of this section shall be determined by the commission, as far as practicable, in accordance with the procedures set forth in the "Municipal Consolidation Act," P.L.1977, c.435 (C.40:43-66.35 et al.) or any other statute governing municipal consolidation.
e. For a period of 10 years from the consolidation of a pair or group of municipalities pursuant to a consolidation recommendation approved under subsection c. of this section, and notwithstanding any law to the contrary, the residents of those municipalities, or portions thereof, shall not have the right to secede to form a new municipality, or to consolidate with, or annex themselves to, any other municipality.
L.2007,c.54,s.8.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-510 - Definitions relative to propane gas service contracts.

52:27D-510 Definitions relative to propane gas service contracts.
2. As used in this act:
"Act" means the "Propane Gas Customer Protection Act."
"Department" means the Department of Community Affairs.
"Propane" means any of the forms of liquefied petroleum products, including propane, propylene, butane, isobutane, and butylene, or any mixture of these hydrocarbons, that is utilized for residential and commercial heating purposes and for various appliances and fixtures, including, but not limited to, clothes washers and dryers, grills, lighting and electricity-producing fuel cells.
"Propane gas supplier or marketer" or "supplier or marketer" means a duly licensed business that takes title to propane gas and then assumes the contractual and legal obligation to provide propane gas to an end-user customer or customers.
"Propane services" or "services" means the performing of safety and leak testing of, and the performing of installation, maintenance, repair, removal, adjustment and other services to, propane appliances including, without limitation, ranges, water heaters, heaters, furnaces, containers and other propane fueled systems, for residential and commercial applications.
L.2007, c.150, s.2.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-512 - Violations, penalties.

52:27D-512 Violations, penalties.
4. Any propane gas supplier or marketer who neglects or knowingly fails to comply with the requirements of this act or of the regulations issued thereunder shall be subject to a penalty not to exceed $1,000 per violation, which penalty may be imposed by the department and recovered in a civil action by a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). Payment of any such penalty shall be remitted to the department.
L.2007, c.150, s.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-513 - Severability.

52:27D-513 Severability.
5. The provisions of this act are severable. If any phrase, clause, sentence, provision or section is declared to be invalid or preempted by federal law or regulation, the validity of the remainder of this act shall not be affected thereby.
L.2007, c.150, s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-514 - Board of Landscape Irrigation Contractors, continued, transferred to DCI.

52:27D-514 Board of Landscape Irrigation Contractors, continued, transferred to DCI.
1. The Landscape Irrigation Contractors Examining Board created by P.L.1991, c.27 (C:45:5AA-1 et seq.) within the Department of Environmental Protection, together with all of its functions, powers, and duties, are hereby continued as the Board of Landscape Irrigation Contractors in the Department of Community Affairs.
Whenever in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding, or otherwise, reference is made to the Landscape Irrigation Contractors Examining Board, the same shall mean and refer to the Board of Landscape Irrigation Contractors.
Whenever any law grants the Department of Environmental Protection, or the commissioner thereof, review, control, or power over or relating to the Landscape Irrigation Contractors Examining Board, that review, control, or power shall be exercised by the Department of Community Affairs, or the commissioner thereof.
L.2015, c.169, s.1.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-515 - Provisions of C.52:14D-1 et seq. applicable.

52:27D-515 Provisions of C.52:14D-1 et seq. applicable.
3. This act shall be subject to the provisions of the "State Agency Transfer Act," P.L.1971, c.375 (C.52:14D-1 et seq.). All records, equipment and other personal property, appropriations, and any balances of funds shall be transferred to the Department of Community Affairs pursuant to the "State Agency Transfer Act."
L.2015, c.169, s.3.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-517 - Definitions relative to housing for certain veterans.

52:27D-517 Definitions relative to housing for certain veterans.
2. As used in this act:
"Director" means the Director of the Division of Housing and Community Resources
in the Department of Community Affairs.
"Disabled" means a person who fulfills the definition of having a "disability" pursuant to section 3 of the "Americans with Disabilities Act of 1990," 42 U.S.C. s.12102.
"Division" means the Division of Housing and Community Resources in the Department of Community Affairs.
"Eligible veteran" means a disabled or low-income veteran.
"Energy efficient features or equipment" means features or equipment within a primary residence that help to reduce the amount of electricity used to heat, cool, or ventilate the residence, including but not limited to insulation, weatherstripping, air sealing, repaired heating systems, or duct sealing.
"Family member" means a spouse, child, parent, sibling, aunt, uncle, niece, nephew, first cousin, grandparent, grandchild, father-in-law, mother-in-law, son-in-law, daughter-in-law, stepparent, stepchild, stepbrother, stepsister, half brother, or half sister, whether the individual is related by blood, marriage, or adoption.
"Low-income veteran" means a veteran occupying a household with a gross household income equal to 50 percent or less of the median gross household income for households of the same size, and within the same housing region, as defined by subsection b. of section 4 of P.L.1985, c.222 (C.52:27D-304).
"Primary residence" means a dwelling unit that is owned by the eligible veteran or by a family member of the eligible veteran, and occupied by the eligible veteran as his or her principal residence.
"Qualified organization" means a nonprofit veterans' organization that qualifies as a section 501(c)(3) or 501(c)(19) tax exempt organization under the Internal Revenue Code.
"Veteran" means any resident of the State now or hereafter who has been discharged honorably or under general honorable conditions in any branch of the Armed Forces of the United States, or a Reserve component thereof, or the National Guard of this State or another state as defined in section 1 of P.L.1963, c.109 (C.38A:1-1), or any honorably discharged member of the American Merchant Marine who served during World War II and is declared by the United States Department of Defense to be eligible for federal veterans' benefits.
L.2017, c.258, s.2; amended 2019, c.500, s.12.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-519 - Rules, regulations.

52:27D-519 Rules, regulations.
4. The Director of the Division of Local Government Services in the Department of Community Affairs shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the provisions of P.L.2017 , c.258 (C.52:27D-516 et seq.), on or before the first day of the fifth month next following enactment.
L.2017, c.258, s.4.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27D-521 - "Boardwalk Preservation Fund" established, functions; annual report, Governor, Legislature.

52:27D-521 "Boardwalk Preservation Fund" established, functions; annual report, Governor, Legislature.
1. a. There is established a "Boardwalk Preservation Fund" in the Department of Community Affairs for the purpose of providing grants to counties and municipalities for boardwalk construction, maintenance, reconstruction, and repair projects, including construction, maintenance, reconstruction, and repair projects related to ancillary or appurtenant structures.
b. (1) The department shall develop an application process and promulgate criteria for a county or municipality, individually or jointly, to qualify for a grant. This information shall be disseminated to coastal counties and municipalities in a form and manner to be determined by the department.
(2) The department shall accept and review applications submitted by counties and municipalities and determine whether the application has met the criteria established by the department pursuant to paragraph (1) of this subsection to qualify for a grant.
c. The department shall approve in advance any projects proposed to be funded with grants and enter into an agreement with the county or municipality, as negotiated by the department, for the expenditure or allocation of grant funds and for reporting on expenditures and project outcomes. The award of grants to a county or municipality, individually or jointly, pursuant to this section shall be conditioned upon compliance with the provisions of an agreement approved pursuant to this section, and as determined by the department. As part of an agreement, the department shall require a county, municipal, or joint contribution or expenditure to the project of not less than five percent of the project cost, provided, however, that a grant applicant that has one of the highest 50 distress scores on the 2020 Municipal Revitalization Index shall not be required to make a contribution or expenditure as a condition of receiving a grant from the fund. The department shall award grants based on criteria established by the department pursuant to paragraph (1) of subsection b. of this section. With respect to applicants for which the department requires a county, municipal, or joint contribution or expenditure, criteria shall include a preference for applicants that include a contribution or expenditure that exceeds five percent of the project cost.
d. The department shall submit annual reports to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature, related to the awarding of grants pursuant to this section, and related to the expenditure of grant funds and project outcomes.
L.2023, c.136.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27E-54 - Communications, records; confidentiality protected

52:27E-54. Communications, records; confidentiality protected
5. All communications between the individual client and any attorney in or engaged by the former Department of the Public Advocate shall remain fully protected by the attorney-client privilege subsequent to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.). The confidentiality of medical records and other documents maintained as confidential by the former Department of the Public Advocate shall likewise be protected subsequent to the effective date of P.L.1994, c.58 (C.52:27E-50 et al.).
L.1994,c.58,s.5.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27E-55 - Office of the Public Defender continued, transferred to the Department of the Treasury.

52:27E-55 Office of the Public Defender continued, transferred to the Department of the Treasury.
6. a. The Office of the Public Defender created by P.L.1967, c.43 (C.2A:158A-1 et seq.), together with all its functions, powers and duties is continued and transferred to and constituted as the Office of the Public Defender in, but not of, the Department of the Treasury. Notwithstanding this allocation, the office shall not be subject to the supervision or control of the Department of the Treasury or any of its officers or employees.
b. Whenever, in any law, rule, regulation, order, reorganization plan, contract, document, judicial or administrative proceeding or otherwise, reference is made to the Office of the Public Defender, the same shall mean and refer to the Office of the Public Defender in, but not of, the Department of the Treasury.
L.1994, c.58, s.6; amended 2010, c.34, s.18.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27E-56 - Preservation of rights, duties as result of allocation to Department of State

52:27E-56. Preservation of rights, duties as result of allocation to Department of State
8. Allocation of the Office of the Public Defender to the Department of State as provided herein shall not alter or change the term, tenure of office, rights, obligations, duties or responsibilities otherwise provided by law for the Public Defender.
L.1994,c.58,s.8.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27E-57 - Appropriated funds

52:27E-57. Appropriated funds
10. Funds appropriated to the Office of the Public Defender shall be available for the expenses associated with the defense of pool attorneys hired by the Office of the Public Defender for the representation of indigent clients if these pool attorneys are sued by Office of the Public Defender clients for services rendered to those clients. Funds appropriated to the fund established pursuant to N.J.S.59:12-1 shall be available for the indemnification of these pool attorneys.
L.1994,c.58,s.10.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27E-75 - Access to client records, files by designated agencies.

52:27E-75 Access to client records, files by designated agencies.
37. Any agency designated by the Governor to serve as the State's protection and advocacy agency for the mentally ill and for the developmentally disabled shall have the same access to client records and files, to agency records and to the premises of State or private institutions as the Division of Mental Health Advocacy in the Office of the Public Defender. The intent of this section is that any private protection and advocacy agency designated by the Governor have all of the powers necessary to carry out its responsibilities as required to qualify for federal funding as the protection and advocacy agency.
L.1994, c.58, s.37; amended 2010, c.34, s.19.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27E-76 - Public Defender's actions

52:27E-76. Public Defender's actions
65. Any action brought by the Public Defender or any persons authorized herein to institute or participate in actions before the courts or agencies of this State shall be brought in the name of the person serving as the Public Defender or in the name of an affected individual or group, but shall not be brought in the name of the State or the people thereof.
L.1994,c.58,s.65.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27E-77 - Rights, terms preserved

52:27E-77. Rights, terms preserved
66. This act shall not:
a. affect the tenure, compensation, and pension rights, if any, of the lawful holder thereof, in any position not specifically abolished herein, upon the effective date of P.L.1994, c.58 (C.52:27E-50 et al.);
b. alter the term of any member of any board, commission, or public body, not specifically abolished herein, lawfully in office on the effective date of P.L.1994, c.58 (C.52:27E-50 et al.), or require the reappointment thereof.
L.1994,c.58,s.66.
2023 New Jersey Revised Statutes › Title 52 - State Government, Departments and Officers › Section 52:27E-78 - No new causes of action

52:27E-78. No new causes of action
67. The provisions of P.L.1994, c.58 (C.52:27E-50 et al.) in and of themselves shall not be construed so as to create any new causes of action, or to authorize any suit against the Legislature or either House or the officers thereof.
L.1994,c.58,s.67.