Title 40A, Title 40A: MUNICIPALITIES AND COUNTIES

40A:5A-11.1 "Local authority." 44. As used in this section, "local authority" means an "authority" as defined under the "Local Authorities Fiscal Control Law," P.L.1983, c.313 (C.40A:5A-1 et seq.). Notwithstanding the provisions of any other law to the contrary, public employees …

40A:5A-12. Funding of deficit The Local Finance Board shall have the power, in the case of a service contract between an authority and a local unit or units, to enforce, by appropriate order, the terms and provisions thereof with respect to the funding of a deficit, whether in ex…

40A:5A-12.1 Local authorities, certain, appropriation, transfer of surplus funds to local units. 1. To the extent there is available an undesignated fund balance or unreserved retained earnings held by an authority that is subject to the provisions of the "Local Authorities Fisca…

40A:5A-13. Authority temporary funding notes To the extent not otherwise provided for by law, an authority is authorized and shall have the power to issue obligations to be designated "Authority Temporary Funding Notes" in an amount not exceeding the realized deficit in revenues …

40A:5A-14. Deficit funding notes If the issuance of "Authority Temporary Funding Notes" is not permitted by the terms of a bond resolution, then the local unit or units, if obligated to make payments on account of a deficiency in revenues under the terms of a service contract, ma…

40A:5A-15. Annual audit. Notwithstanding the provisions of N.J.S.40A:5-1 et seq., each authority shall cause an annual audit of its accounts to be made, and for this purpose it shall contract with the Division of Local Government Services or employ a registered municipal accounta…

40A:5A-16. Synopsis of audit; publication A synopsis of the annual audit shall be prepared by the chairman of the authority and published at least once in a newspaper circulating in the district of the authority. A copy of the synopsis shall be filed with the director within 10 d…

40A:5A-17 Certification of review of audit. 17. The members of the governing body of each authority shall, within 45 days of receipt of the annual audit, certify by resolution to the Local Finance Board that each member thereof has personally reviewed the annual audit report, and…

40A:5A-17.1 Authority, certain, maintenance of Internet website, webpage; contents. 7. Any authority subject to the provisions of chapter 5A of Title 40A of the New Jersey Statutes shall maintain either an Internet website or a webpage on the municipality's or county's Internet w…

40A:5A-18. Financial difficulty of authority; hearing; audit or investigation If at any time, as a result of exercising his responsibilities under this act, the director has reason to believe that an authority is faced with financial difficulty, the director shall summon appropri…

40A:5A-19. Order implementing financial plan to alleviate financial difficulties If the Local Finance Board determines that financial difficulties exist which (1) jeopardize the payment of operating expenses and debt service on obligations of the authority or either of the afores…

40A:5A-2. Legislative findings and declarations The Legislature declares it to be in the public interest of the citizens of this State to maintain, support, foster, and promote the financial integrity and stability of local authorities in the State and of counties and municipalit…

40A:5A-20 Dissolution of authority by local unit 20. Notwithstanding the provisions of any other law to the contrary, the governing body of a local unit which has established an authority shall have the power and is authorized by ordinance in the case of a municipality, and ordin…

40A:5A-20.1 Appropriation of certain funds. 13. a. Whenever there is available an undesignated fund balance or unreserved retained earnings held by a municipal utilities authority with a water supply operation that is being dissolved by a municipality, no more than five percent o…

40A:5A-21. Ordering of dissolution The Local Finance Board may order the dissolution of a local authority if, after holding a hearing consistent with section 18 of this act, it determines that, due to financial difficulties or mismanagement, the dissolution of an authority will b…

40A:5A-22. Papers connected with, used or filed with authority considered public records Records of minutes, accounts, bills, vouchers, contracts or other papers connected with or used or filed with any authority or with any officer or employee acting for or in its behalf are dec…

40A:5A-23. Examination of accounts and books by state auditor Notwithstanding the provisions of any law to the contrary, the State Auditor or his legally authorized representative may examine the accounts and books of any authority subject to the provisions of this act. L.1983, c…

40A:5A-24. Temporary obligations Notwithstanding any other law to the contrary, any authority, in anticipation of the issuance of bonds, may borrow money and issue temporary obligations if the bond resolution so provides. A temporary obligation shall be designated "bond anticipat…

40A:5A-25. Increases in charges of utility when faced with financial difficulties; hearing If the Local Finance Board has reason to believe that a municipal public utility is faced with financial difficulty, it shall have the power to order an increase in rents, rates, fees or ot…

40A:5A-26. Rules and regulations; inapplicability of act to powers of local finance board under P.L.1947, c. 151 a. The Local Finance Board is authorized to adopt, amend and repeal rules and regulations to effectuate the purposes of this act. b. This act shall not limit the power…

40A:5A-27. Actions to be consistent with bond resolution, service contract The Local Finance Board, the director, and local units and local authorities shall not act under this act in a manner inconsistent with a bond resolution or service contract in effect at the time of the ac…

40A:5A-28 Definitions relative to public utilities. 3. As used in sections 3 through 5 of P.L.2021, c.317 (C.40A:5A-28 to C.40A:5A-30): "Board" means the Board of Public Utilities or any successor agency. "Department" means the Department of Community Affairs. "Local authority" m…

40A:5A-29 Winter Termination Program, established. 4. a. Within 120 days of the effective date of P.L.2021, c.317 (C.40A:5A-28 et al.), the Department of Community Affairs shall establish a Winter Termination Program, which shall prohibit a local authority, municipal utility, or …

40A:5A-3. Definitions 3. As used in this act: a. "Authority" means a body, public and corporate, created by one or more municipalities or counties pursuant to any law authorizing that creation, which law provides that the public body so created has at least the following powers: …

40A:5A-30 Rules, regulations. 5. The department, in consultation with the Board of Public Utilities, shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purpose of sections 3 and 4 of P.L.…

40A:5A-31 Summer Termination Program, Department of Community Affairs, definitions. 1. a. For the purposes of this section: “Board” means the New Jersey Board of Public Utilities. “Department” means the Department of Community Affairs. “Local authority” means an authority, as def…

40A:5A-32 Rules, regulations. 2. The Department of Community Affairs, in consultation with the Board of Public Utilities, shall promulgate rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of se…

40A:5A-4. Local authorities; creation; application for approval On and after the effective date of this act, no authority shall be created by any local unit or units without the prior approval of the Local Finance Board. Prior to the introduction of an ordinance or the adoption o…

40A:5A-5. Approval or disapproval of application The Local Finance Board shall, within 60 days of its receipt of an application pursuant to section 4 of this act, approve in writing the creation of the proposed authority if it shall determine that the creation of the proposed aut…

40A:5A-6 Review of financing. 6. Prior to the adoption of a bond resolution by an authority, or the adoption of an ordinance or resolution of a local unit or units authorizing a service contract that is part of a project financing, the proposed project financing shall be submitte…

40A:5A-6.1 Financing cost estimate submitted by authority. 4. An authority that does not finance an environmental infrastructure project with funding provided by the New Jersey Environmental Infrastructure Trust shall submit the financing cost estimate provided by the New Jersey …

40A:5A-7. Hearings; findings At the time of submission of the proposed project financing to the Local Finance Board, the authority shall notify each participating local unit of that submission. The Local Finance Board shall, within 31 days of its receipt of the proposed project f…

40A:5A-8. Recommendations The Local Finance Board may recommend in its findings with respect to a proposed project financing: a. That the debt service reserve fund in an amount established by the board be funded from the proceeds of the sale of the authority's bonds; b. The incur…

40A:5A-9. Authorization for local units to incur indebtedness and issue obligations To the extent not otherwise provided for in Title 40 of the Revised Statutes or Title 40A of the New Jersey Statutes and in order to satisfy the provisions of section 8 of this act, any local unit…