New Jersey § 58:26-24

§ 58:26-24.

a. A public entity that intends to enter into a contract with a private firm for the

provision of water supply services pursuant to P.L.1995, c. 101 ( C.58:26-19 et al.) shall conduct a public hearing on the proposed contract negotiated pursuant

to section 5 of P.L.1995, c. 101 ( C.58:26-23 ). A public entity shall also conduct pursuant to this section a public hearing on

revisions to a contract required by subsection b. of section 7 of P.L.1995, c. 101 ( C.58:26-25 ) or on substantial amendments to a contract as required by subsection g. of section

7 of P.L.1995, c. 101 ( C.58:26-25 ). b. The public entity shall provide at least 14 days' prior notice of the public hearing

by publication in at least one newspaper of general circulation in the jurisdiction

or service area of the public entity to be served under the terms of the proposed

contract. The publication shall include notice of the date, time and place of the public hearing,

notice of the place at which copies of the proposed contract will be available for

public inspection, and the times during which such inspection will be permitted. The notice shall specifically state whether any concession fee or monetary benefit

will be paid by a private firm to the public entity as a result of the contract for

water supply services, the monetary amount of the fee or benefit and the potential

impact of the fee or benefit on the charges, rates or fees which will be paid for

the supply of water by water users in the jurisdiction or service area that will receive

the water supply services pursuant to the terms of the contract. c. At the public hearing, the public entity shall explain the terms and conditions

of the proposed contract and shall answer questions raised by prospective consumers

and other interested parties. The public entity shall explain during the hearing the charges, rates or fees that

will or may be charged by the public entity for the supply of water as a result of

the proposed contract. In addition, the entity shall explain any concession fee or monetary benefit to

be paid by a private firm to the public entity as a result of the contract for water

supply services, the monetary amount of the fee or benefit and the potential impact

of the fee or benefit on the charges, rates or fees which will be paid for the supply

of water by water users in the jurisdiction or service area that will receive the

water supply services pursuant to the terms of the contract. d. The public entity shall produce a verbatim record of the public hearing. The record of the public hearing shall be kept open for a period of seven days following

the conclusion of the hearing, during which time interested parties may submit written

statements to be included in the hearing report. The public entity shall prepare a written hearing report, which shall include a

copy of the proposed contract, a copy of the statement setting forth the public entity's

reasons for the selection of the proposal submitted by the private firm with which

the entity has negotiated a contract, the verbatim record of the public hearing, written

statements submitted by interested parties, a copy of the bond counsel's written opinion

required pursuant to subsection g. of section 5 of P.L.1995, c. 101 ( C.58:26-23 ) and a statement prepared by the public entity summarizing the major issues raised

at the public hearing and the public entity's specific responses to those issues. The public entity shall make copies of the hearing report available to interested

parties upon request at a cost not to exceed the actual cost of printing or copying. e. The governing body of a public entity that has negotiated the proposed contract

shall adopt an ordinance or a resolution, as appropriate, or parallel ordinances or

resolutions, as the case may be, if there is more than one governing body involved,

approving the proposed contract. The ordinance or resolution may be introduced at the first meeting of the governing

body of the public entity held after the public hearing on the proposed contract,

and shall acknowledge that the agreement needs to be approved pursuant to section

7 of P.L.1995, c. 101 ( C.58:26-25 ). f. Within 30 days after the close of a public hearing on a proposed contract held

pursuant to subsection a. of this section and upon at least 10 days' prior written

notice, the public entity shall submit pursuant to section 7 of P.L.1995, c. 101 ( C.58:26-25 ) an application for approval to the division and the board and shall submit the hearing

report to the department for review. The board and division shall specify the form of the application to be submitted.