New Jersey § 13:1e-217

§ 13:1e-217.

The Clean Communities Program Fund is established as a nonlapsing, revolving fund

in the Department of the Treasury. The Clean Communities Program Fund shall be administered by the Department of Environmental

Protection and credited, in addition to any appropriations made thereto, with all

user fees imposed pursuant to section 4 of P.L.2002, c. 128 ( C.13:1E-216 ) or penalties imposed pursuant to section 10 of P.L.2002, c. 128 ( C.13:1E-222 ), and any sums received as voluntary contributions from private sources. Interest received on moneys in the Clean Communities Program Fund shall be credited

to the fund. Unless otherwise expressly provided by the specific appropriation thereof by the

Legislature, which shall take the form of a discrete legislative appropriations act

and shall not be included within the annual appropriations act, all available moneys

in the Clean Communities Program Fund shall be appropriated annually solely for the

following purposes and no others: a. 10 percent of the estimated annual balance of the Clean Communities Program Fund shall be used

for a State program of litter pickup and removal and of enforcement of litter-related

laws and ordinances in State owned places and areas that are accessible to the public. Moneys in the fund may also be used by the State to abate graffiti; b. 50 percent of the estimated annual balance of the Clean Communities Program Fund shall be distributed

as State aid to eligible municipalities with total housing units of 200 or more for

programs of litter pickup and removal, including establishing an “Adopt-A-Highway”

program, of public education and information relating to litter abatement and of enforcement

of litter-related laws and ordinances. The amount of State aid due each municipality shall be solely calculated based on

the proportion which the housing units of a qualifying municipality bear to the total

housing units in the State. Total housing units shall be determined using the most recent federal decennial

population estimates for New Jersey and its municipalities, filed in the office of

the Secretary of State. Moneys in the fund may also be used by an eligible municipality to abate graffiti; c. 30 percent of the estimated annual balance of the Clean Communities Program Fund shall be distributed

as State aid to eligible municipalities with total housing units of 200 or more for

programs of litter pickup and removal, including establishing an “Adopt-A-Highway”

program, of public education and information relating to litter abatement and of enforcement

of litter-related laws and ordinances. The amount of State aid due each municipality shall be solely calculated based on

the proportion which the municipal road mileage of a qualifying municipality bears

to the total municipal road mileage within the State. For the purposes of this subsection, “ municipal road mileage ” means that road mileage under the jurisdiction of municipalities, as determined

by the Department of Transportation. Moneys in the fund may also be used by an eligible municipality to abate graffiti; d. 10 percent of the estimated annual balance of the Clean Communities Program Fund shall be distributed

as State aid to eligible counties for programs of litter pickup and removal, including

establishing an “Adopt-A-Highway” program, of public education and information relating

to litter abatement and of enforcement of litter-related laws and ordinances. The amount of State aid due each county shall be solely calculated based on the

proportion which the county road mileage of an eligible county bears to the total

county road mileage within the State. For the purposes of this subsection, “ county road mileage ” means that road mileage under the jurisdiction of counties, as determined by the

Department of Transportation. Moneys in the fund may also be used by an eligible county to abate graffiti; e. No eligible municipality shall receive less than $4,000 in State aid as apportioned

pursuant to subsections b. and c. of this section. A municipality or county may use up to five percent of its State aid for administrative expenses; f. Prior to the distribution of funds pursuant to subsections a. through d. of this

section : (1) $375,000 of the estimated annual balance of the Clean Communities Program Fund shall

be annually appropriated to the department and made available on July 1 of every year

to the organization under contract with the department pursuant to section 6 of P.L.2002, c. 128 ( C.13:1E-218 ) for a Statewide public information and education program concerning antilittering

activities and other aspects of responsible solid waste handling behavior, of which

up to $75,000 shall be used exclusively to finance an annual Statewide television,

radio, newspaper and other media advertising campaign to promote antilittering and

responsible solid waste handling behavior. (2) in each of the first three years after the effective date of P.L.2020, c. 117 ( C.13:1E-99.126 et al.), 1 $500,000 of the estimated annual balance of the Clean Communities Program Fund shall

be appropriated to the department and made available on July 1 of each year to the

organization under contract with the department pursuant to section 6 of P.L.2002, c. 128 ( C.13:1E-218 ) for the Statewide public information and education program developed pursuant to

subsection b. of section of section 8 of P.L.2020, c. 117 ( C.13:1E-99.133 ). The organization under contract with the department pursuant to section 6 of P.L.2002, c. 128 ( C.13:1E-218 ) shall, no later than the date on which the contract period concludes, submit a report

to the Governor and the Legislature concerning its activities during the contract

period and any recommendations concerning improving the program. Every eligible municipality and county shall cooperate with the organization under

contract with the department pursuant to section 6 of P.L.2002, c. 128 ( C.13:1E-218 ) in providing information concerning its program of litter pickup and removal. No later than May 31, 2008, 25 percent of the estimated annual balance of the Clean Communities Program Fund shall be appropriated

to the State Recycling Fund established pursuant to section 5 of P.L.1981, c. 278

( C.13:1E-96 ). These moneys shall be used by the Department of Environmental Protection for direct

recycling grants to counties and municipalities, up to a maximum appropriation of

$4,000,000. g. As used in this section, “ graffiti ” means any inscription drawn, painted or otherwise made on a bridge, building, public

transportation vehicle, rock, wall, sidewalk, street or other exposed surface on public

property. The department may carry forward any unexpended balances in the Clean Communities

Program Fund as of June 30 of each year. 1

L.2020, c. 117, eff. Nov. 4, 2020.