New Jersey § 58:10b-5

§ 58:10b-5.

a. (1) Except as provided in section 4 of P.L.2007, c. 135 ( C.52:27D-130.7 ), financial assistance from the remediation fund may only be rendered to persons

who cannot establish a remediation funding source for the full amount of a remediation. Financial assistance pursuant to this act may be rendered only for that amount of

the cost of a remediation for which the person cannot establish a remediation funding

source. The limitations on receiving financial assistance established in this paragraph

(1) shall not limit the ability of municipalities, counties, redevelopment entities

authorized to exercise redevelopment powers pursuant to section 4 of P.L.1992, c. 79 ( C.40A:12A-4 ), persons who are not required to establish a remediation funding source for that

part of the remediation involving an unrestricted use remedial action, persons performing

a remediation in an environmental opportunity zone, or persons who voluntarily perform

a remediation, from receiving financial assistance from the fund. (2) Financial assistance rendered to persons who voluntarily perform a remediation

or perform a remediation in an environmental opportunity zone may only be made for

that amount of the cost of the remediation that the person cannot otherwise fund by

any of the authorized methods to establish a remediation funding source. (3) Financial assistance rendered to persons who do not have to provide a remediation

funding source for the part of the remediation that involves an unrestricted use remedial

action may only be made for that amount of the cost of the remediation that the person

cannot otherwise fund by any of the authorized methods to establish a remediation

funding source. b. Financial assistance may be rendered from the remediation fund to (1) owners or

operators of industrial establishments who are required to perform remediation activities

pursuant to P.L.1983, c. 330 ( C.13:1K-6 et al.), upon closing operations or prior to the transfer of ownership or operations

of an industrial establishment, (2) persons who are liable for the cleanup and removal

costs of a hazardous substance pursuant to P.L.1976, c. 141 ( C.58:10-23.11 et seq. ), and (3) persons who voluntarily perform a remediation of a discharge of a hazardous

substance or hazardous waste. c. Financial assistance and grants may be made from the remediation fund to a municipality,

county, or redevelopment entity authorized to exercise redevelopment powers pursuant

to section 4 of P.L.1992, c. 79 ( C.40A:12A-4 ), for real property: (1) on which it holds a tax sale certificate; (2) that it

has acquired through foreclosure or other similar means; or (3) that it has acquired,

or in the case of a county governed by a board of chosen freeholders, has passed a

resolution or, in the case of a municipality or a county operating under the “Optional

County Charter Law,” P.L.1972, c. 154 ( C.40:41A-1 et seq. ), has passed an ordinance or other appropriate document to acquire, by voluntary

conveyance for the purpose of redevelopment, for renewable energy generation or for

recreation and conservation purposes. Financial assistance and grants may only be awarded for real property on which there

has been a discharge or on which there is a suspected discharge of a hazardous substance

or hazardous waste. d. (Deleted by amendment, P.L.2017, c. 353 ) e. Grants may be made from the remediation fund to qualifying persons who propose

to perform a remedial action that would result in an unrestricted use remedial action. f. Grants may be made from the remediation fund to municipalities, counties, and redevelopment

entities authorized to exercise redevelopment powers pursuant to section 4 of P.L.1992, c. 79 ( C.40A:12A-4 ), for the preliminary assessment, site investigation, remedial investigation, and

remedial action for real property where there is a discharge or suspected discharge

of a hazardous substance or hazardous waste within a brownfield development area. Grants may only be made for a remedial action pursuant to this subsection when there

is a confirmed discharge of a hazardous substance or hazardous waste. Grants made pursuant to this subsection for a remedial action may not exceed 75

percent of the total costs of the remedial action. An ownership interest in the contaminated property shall not be required in order

for a municipality, county, or redevelopment entity authorized to exercise redevelopment

powers pursuant to section 4 of P.L.1992, c. 79 ( C.40A:12A-4 ) to receive a grant for a preliminary assessment, site investigation, and remedial

investigation for real property where there is a discharge or suspected discharge

of a hazardous substance or hazardous waste in a brownfield development area. Notwithstanding the limitation on the total amount of financial assistance and grants

that may be awarded in any one year pursuant to subsection b. of section 28 of P.L.1993, c. 139 ( C.58:10B-6 ), the authority may award an additional amount of financial assistance and grants

in any one year, of up to $2,000,000 , to any one municipality, county, or redevelopment entity for the remediation of

property in a brownfield development area.