New Jersey Administrative Code
Title 5 - COMMUNITY AFFAIRS
Chapter 31 - LOCAL AUTHORITIES
Subchapter 2 - BUDGETS
Section 5:31-2.19 - Regional sewerage authority appropriations cap
Universal Citation: NJ Admin Code 5:31-2.19
Current through Register Vol. 56, No. 18, September 16, 2024
(a) The increase in appropriations in the annual budget of a regional sewerage authority shall not exceed two percent over the prior year adopted budget, except that the percentage of growth in the appropriations in the annual budget shall be determined without consideration of any amounts appropriated by the authority for:
1. Capital expenditures included in the
regional sewerage authority capital budget;
2. Payment of principal or interest on debt
authorized or issued pursuant to law;
3. Increases in pension contributions and
accrued liability for pension contributions in excess of two percent over those
expenditures for the previous budget year;
4. Increases in health care costs equal to
that portion of the actual increase in total health costs for the budget year
that is in excess of two percent of total health care costs in the previous
budget year, but is not in excess of the product of the total health care costs
in the prior year and the average percentage increase of the State Health
Benefits Program, P.L. 1961, c. 49 (N.J.S.A.
52:14-17.25 et seq.), as annually determined
by the Division of Pensions and Benefits in the Department of the
Treasury;
5. Increases in energy
cost expenditures in excess of two percent over those expenditures for the
previous budget year;
6. Costs
associated with the establishment of a stormwater utility operation pursuant to
P.L.
2019, c. 42;
7. Extraordinary costs that are directly
related to an emergency, which shall mean any purpose that meets a pressing
need for public expenditure to protect or promote the public health, safety,
morals, or welfare, which could not be reasonably foreseen when the prior year
budget was adopted and for which adequate provision was not made in the prior
year budget;
8. Expenditures for
the cost of services mandated by any final judgement or order of court, by any
Federal or State statute, or by any administrative rule, directive, order, or
other legally binding document issued by a State agency including, but not
limited to, services required under any project financing agreement within any
State or Federal agency, or services required under permits issued by the New
Jersey Department of Environmental Protection for a Pollution Discharge
Elimination System (NJPDES) or a Combined Sewer Overflow (CSO) system. Any
State agency mandating that a regional sewerage authority provide a service
shall certify the mandate of such service to the Director of the Division of
Local Government Services, unless a service is clearly mandated in the text of
the above-referenced items; and
9.
Appropriations offset in whole or in part by offsetting grants.
(b) A regional sewerage authority may add to the allowable growth in appropriations in any one of the next three succeeding years, the amount of the difference between the maximum allowable increase in appropriations for the current budget year and the actual amount of appropriations for the current budget year.
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