New Jersey § 58:30-7

§ 58:30-7.

a. After the designated respondent is selected, negotiations for a contract for the

lease or sale of the water or wastewater assets may commence between the owner and

the designated respondent. b. (1) Every proposed contract shall include a clause stating that to the extent it

does not violate any existing collective bargaining agreements between the capable

private or public entity and its employees, the capable private or public entity shall

give first consideration in hiring to any public employees displaced by the long-term

lease or sale of the water or waste water assets. (2) After an agreement on a proposed contract is reached between the owner and the

designated respondent, the governing body of the owner shall, by resolution adopted

by at least two-thirds of its authorized membership, cause the proposed contract to

be submitted to the board for approval and cause the proposed use of proceeds of the

long-term lease or sale to be submitted to the director for approval. c. (1) The proposed contract submitted to the board shall include the rent or sale

price, any appraisals supporting the rent or sale price, documentation regarding the

defeasance of debt, and any other information requested by the board. The board shall approve or reject the proposed contract within 90 days of receipt

thereof. If no disposition is made within 90 days, the proposed contract shall be deemed

approved. (2) For the purposes of rate making and recovery, the board shall accept the negotiated

sale price between the owner and the designated respondent as the new rate base effective

as of the date of the approval of the long-term lease or sale, as may be the case,

provided the price is deemed reasonable. The rent or sale price shall be deemed reasonable if it meets the following conditions: (a) The rent or sale price is sufficient to defease the debt of the owner; and either (b)(i) The rent or sale price is within the range of any appraisals obtained with

respect to the long-term lease or sale of the water or wastewater assets; or (ii) If there is little or no established rate base for the water or wastewater assets,

the rent or sale price is reasonably comparable to a proxy rate base equivalent to

the rate base of the designated respondent. (3) In valuing the water or wastewater assets, appraisers shall comply with the Uniform

Standards of Professional Appraisal Practice promulgated by the Appraisal Standards

Board of the Appraisal Foundation. (4) In valuing the water or wastewater assets and for the purposes of rate making,

the original source of funding for any part of the water or wastewater assets shall

not be relevant. (5) Reasonable and prudent transaction, closing, and transition costs incurred by

the designated respondent shall be recoverable in rates. (6) The proposed use of proceeds submitted to the director shall include the rent

or sale price, the total amount required to defease debt, any costs associated with

compliance with the Internal Revenue Code or other tax code that may arise from the

long-term lease or sale of a publicly funded water or wastewater asset, the remaining

proceeds after the defeasance of debt and Internal Revenue Service compliance costs,

the amount dedicated to the following, in order of priority: compliance with the

provisions of the “Pollution Prevention Act,” P.L.1991, c. 235 ( C.13:1D-35 et seq. ); P.L.1942, c. 308 ( C.58:11-9.1 et seq. ); “The Realty Improvement Sewerage and Facilities Act (1954),” P.L.1954, c. 199

( C.58:11-23 et seq. ); and the “Safe Drinking Water Act,” P.L.1977, c. 224 ( C.58:12A-1 et seq. ), any outstanding fees or fines owed by the entity to any federal, State, county

or local governmental units, capital improvements, community improvements, and general

purposes of the owner. The amount dedicated to capital improvements shall comply with a previously adopted

long-term capital improvement plan or asset management plan, and must represent at

least 50 percent of the remaining proceeds once the debt is defeased. The director shall approve or reject the proposed use of proceeds within 30 days

of receipt thereof. If no disposition is made within 30 days, the proposed use of proceeds shall be

deemed approved.