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A 3534

Suspends fees in connection with a REAL ID driver's license until 2027

2025 Regular Session Introduced by Angelo Santabarbara

Standardizes annual economic benefits for landfills and transfer stations with timelines, public notice, and agency power to set benefits if talks fail; residents may petition.

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Bill Summary · A 3534

Summary — A3534 (as amended)

Status: Introduced Feb 5, 2024; reported by Assembly Environment, Natural Resources, and Solid Waste Committee with amendments Mar 10, 2025; referred to Assembly Oversight, Reform and Federal Relations. Primary sponsor listed: Angelo Santabarbara. Companion bill: S1991.

Main purpose

A3534 standardizes and increases public transparency and participation in the process by which municipalities and owners/operators of sanitary landfills or transfer stations negotiate annual payments (now termed “annual economic benefits”). It also creates timelines for negotiations, requires public notice and comment, and authorizes the Department of Environmental Protection (DEP) or the Board of Public Utilities (BPU) to set benefits where negotiations fail or are in bad faith. The bill replaces the phrase “host community benefit agreement” with “annual economic benefit.”

Key provisions

  • Clarifies baseline amounts in current law:
    • Sanitary landfills: municipalities are entitled to an annual economic benefit of not less than $1.00 per ton of solids disposed (as currently provided by statute).
    • Transfer stations: entitlement of not less than $0.50 per ton (as currently provided).
  • Negotiation notifications and timelines:
    • Municipality must notify the DEP (for landfills) or BPU (for transfer stations) in writing within 10 days after negotiations commence.
    • Negotiations must be completed within 180 days of commencement.
    • Parties may jointly request a single extension of up to 180 additional days; the request must state why additional time is needed.
    • DEP/BPU must approve an extension unless there is reasonable basis to believe a party is negotiating in bad faith.
    • Notice of any extension must be posted on the municipality’s and DEP/BPU’s websites within 10 days.
  • Public notice and comment:
    • Within 10 days after negotiations conclude and before submission for approval, the municipality must publish the proposed annual economic benefit on its website and provide at least 45 days for public comment.
    • Within 45 days after the comment period closes, parties must consider and may incorporate public comments; the municipality must forward comments to DEP/BPU upon submission for approval.
  • Agency authority to set benefits:
    • If extension is denied for bad faith, or parties fail to reach agreement within the allowed time (initial + any extension), DEP or BPU must issue an order establishing the annual economic benefit as deemed appropriate, incorporating agreed terms where feasible.
  • Resident petitions:
    • Any resident of a host municipality may petition DEP or BPU at any time to establish or adjust an annual economic benefit. Petitions must state the proposed benefit level, provide supporting documentation, and any other required information. DEP/BPU must decide on petitions within 180 days.
  • Retains existing options allowing owners/operators to provide alternative forms of benefit (payments in lieu of taxes, fee exemptions, lump sums, or combinations) with municipal agreement and DEP/BPU approval.
  • Continues process allowing owners/operators to petition DEP for tariff increases to pass through payments as surcharges; DEP must issue an order within 60 days of such a petition.

Who is affected

  • Municipalities hosting sanitary landfills or solid waste transfer stations.
  • Owners/operators of those landfills and transfer stations.
  • Residents of host municipalities (gain a formal petition mechanism and public comment rights).
  • DEP (for landfills) and BPU (for transfer stations) — charged with oversight, extension decisions, and authority to set benefits when negotiations fail.

Procedural notes and likely impact

  • Establishes concrete deadlines and public participation steps that may accelerate resolution of disputed host-community payments and increase transparency.
  • Creates an enforcement/backstop mechanism (agency orders) to prevent indefinite negotiation stalemates or bad-faith bargaining.
  • May affect municipal revenues and facility operating costs depending on outcomes of negotiated or administratively set annual economic benefits; owners/operators may seek tariff adjustments to pass costs to users subject to agency orders.
  • Current legislative status: reported from committee with amendments Mar 10, 2025; next consideration by Assembly Oversight, Reform and Federal Relations Committee.

Compiled from official sources — confirm details with the bill’s official record.

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