New Jersey § 58:26-13

§ 58:26-13.

a. The department, within 60 days of receipt of a proposed contract submitted to it

by a contracting unit pursuant to section 12 of this act, 1 shall approve or conditionally approve the proposed contract. If the department approves the proposed contract, it shall accompany its approval

with a written finding that the proposed contract will meet appropriate environmental

and water quality standards, and that it is consistent with the State primary drinking

water regulations or requirements for the jurisdiction to be served under the terms

of the proposed contract pursuant to the “Safe Drinking Water Act,” P.L. 1977, c.

224 ( C. 58:12A-1 et seq. ). If the department conditionally approves a proposed contract, it shall state in

writing the revisions which must be made to the proposed contract prior to receiving

approval, and shall inform the contracting unit if the revisions to be made to the

proposed contract warrant a public hearing. After revising the contract, the contracting unit may resubmit the proposed contract

to the department for approval. b. The division, within 60 days of receipt of a proposed contract transmitted to it

by a contracting unit pursuant to section 12 of this act, shall approve or conditionally

approve the proposed contract. If the division approves the proposed contract, it shall accompany its approval

with a written finding that the proposed contract complies with the provisions of

section 15 of this act, 2 and that the proposed contract is compatible with the fiscal and financial capabilities

of the contracting unit. If the division conditionally approves the proposed contract, it shall state in

writing the revisions which must be made to the proposed contract prior to receiving

approval, and shall inform the contracting unit if the revisions to be made to the

proposed contract warrant a public hearing. After revising the proposed contract, the contracting unit may resubmit the proposed

contract to the division for approval. c. If the contracting unit is subject to the jurisdiction of the Board of Public Utilities,

the board within 60 days of receipt of a proposed contract submitted to it by a contracting

unit pursuant to section 12 of this act, shall approve or conditionally approve the

proposed contract if the board finds the proposed contract to be in the public interest. If the Board of Public Utilities conditionally approves the proposed contract because

the contract is not in the public interest, the board shall notify the contracting

unit in writing of the changes needed in the proposed contract in order for it to

be in the public interest, and shall inform the contracting unit if the revisions

to be made warrant a public hearing. After revising the proposed contract, the contracting unit may resubmit the proposed

contract to the board for approval. In reviewing and approving the proposed contract, the Board of Public Utilities shall

not determine a rate base for, or otherwise regulate the tariffs or return of, the

proposed water supply facility or the provision of water supply services. The board shall not, thereafter, conduct any further review of the contract. d. Notwithstanding the provisions of subsection c. of this section, all parties to

any proposed contract may request the Board of Public Utilities to determine a rate

base for the proposed water supply facility or the provision of water supply services,

in which case the board may make that determination and the terms of any proposed

contract so approved shall be subject to the continuing jurisdiction of the board. 1

N.J.S.A. § 58:26-12. 2

N.J.S.A. § 58:26-15.