New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 18 - REGULATIONS GOVERNING THE CERTIFICATION OF LABORATORIES AND ENVIRONMENTAL MEASUREMENTS
Subchapter 2 - PROGRAM PROCEDURES AND REQUIREMENTS
Section 7:18-2.9A - Annual adjustment of fees
Universal Citation: NJ Admin Code 7:18-2.9A
Current through Register Vol. 56, No. 18, September 16, 2024
(a) When, based on budget considerations, the Department determines to adjust the fees established in 7:18-2.9 , Fees, for the upcoming State fiscal year (which runs from July 1 to June 30), the Department shall:
1. Prepare a Fee Adjustment Report, in
accordance with (b) below; and
2.
Publish a notice of administrative change in the New Jersey Register that:
i. States that the Fee Adjustment Report is
available on the Department's website at www.nj.gov/dep/oqa; and
ii. Sets forth the adjusted fees determined as
provided at (b) below.
(b) In the Fee Adjustment Report, the Department shall:
1. Project the total amount of money
required to fund the program in the upcoming State fiscal year. This projection
shall consider the following:
i. The number and
type of Department staff required to perform each activity for which fees are
charged and the projected total salaries of those staff for the upcoming State
fiscal year;
ii. The total cost of
fringe benefits for those Department staff, calculated as the projected total
salaries of those staff multiplied by a percentage set by the New Jersey Department
of the Treasury that reflects costs associated with pensions, health benefits,
workers' compensation, disability benefits, unused sick leave, and the employer's
share of FICA;
iii. Indirect costs
attributable to those Department staff, calculated as the total salaries and fringe
benefits for those staff multiplied by a percentage known as the indirect cost rate.
The indirect cost rate is negotiated annually with the U.S. Environmental Protection
Agency and is the total of the Department's costs for management and administrative
costs applicable to multiple cost objectives (including, but not limited to,
indirect management and administrative salary and non-salary costs, applicable
fringe benefits, building rent, and the Department's share of the Statewide Cost
Allocation Plan) divided by total Department direct salaries plus applicable fringe
benefits; and
iv. Projected operating
costs attributable to those Department staff, including, but not limited to, costs
for postage, telephone, travel, supplies, and data system management;
2. Project the total amount of revenue
expected to be received from fees identified in 7:18-2.9
in the upcoming State fiscal year. This projection shall consider the
following:
i. The amount and type of fees for
initial or renewal certifications or modifications of certifications received in the
previous State fiscal year. Any trend toward increasing or decreasing certification
activities and such trend's impact, if any, on the amount and type of fees
anticipated for the upcoming State fiscal year;
ii. Other data concerning economic trends
reasonably likely to influence the amount and type of fees anticipated for the
upcoming State fiscal year; and
iii. The
fees in effect at the time such projection is made.
3. Project the total amount of money to be
available from sources other than fees, such as State appropriations or Federal
grants, for the upcoming State fiscal year;
4. Subtract the amounts in (b)2 and 3 above from
the amount in (b)1 above. The remainder is the projected fee revenue shortfall for
the upcoming State fiscal year; and
5.
Divide the projected fee revenue shortfall in (b)4 above by the total amount of
revenue expected to be received from fees in (b)2 above to determine the fee
adjustment factor. The amounts of the adjusted fees for the upcoming State fiscal
year shall be obtained by increasing the existing fees by the fee adjustment
factor.
(c) When the Department increases fees in accordance with this section, each increased fee shall be rounded to the next whole dollar.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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