N.J. Admin. Code § 5:31-2.21

Current through Register Vol. 56, No. 11, June 3, 2024

Section 5:31-2.21 - Regional sewerage authority revenue cap; exceptions

(a) Notwithstanding any limitations on increasing the amount billed, a regional sewerage authority may apply to the Local Finance Board for a waiver to increase rents, rates, fees, and charges to levels sufficient to compensate for loss of revenues due to reductions in the use or service of the sewerage system.

(b) Notwithstanding any limits on increasing the amount billed, a regional sewerage authority may increase its rents, rates, fees, and charges by more than two percent versus the amount charged in the previous budget year without consideration of any amounts required to be raised 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 net position required to be held in reserve with respect to any debt covenants; and

4. Any amounts required to be raised for the purposes of establishing a stormwater utility operation pursuant to P.L. 2019, c. 42.

(c) Notwithstanding any limits on increasing the amount billed, a regional sewerage authority may increase its rents, rates, fees, and charges by more than two percent versus the amount charged in the previous budget year for expenditures for the cost of services mandated by any final judgement or order of court, by any Federal or State statute, or by administrative rule, directive, order, or other legally binding device 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.

N.J. Admin. Code § 5:31-2.21

New Rule, R.2021 d.006, effective 1/4/2021.
See: 52 N.J.R. 1489(a), 53 N.J.R. 53(a).