5. a. The Low-level Radioactive Waste Disposal Facility Fund is established as a nonlapsing revolving fund in the Department of Environmental Protection. The fund shall be administered by the department, and shall be credited with all fees collected pursuant to section 3 of P.L.1991, c.166 (C. 13:1E-181.1) prior to the effective date of P.L.2002, c.105. Moneys in the fund shall be used by the department to perform the functions for which it is responsible under the provisions of P.L.1987, c.333 (C. 13:1E-177 et seq.), the “Low-Level Radioactive Waste Policy Act,” Pub.L.96-573 (42 U.S.C. § 2021b et seq.) and the “Low-Level Radioactive Waste Policy Amendments Act of 1985,” Pub.L.99-240 (42 U.S.C.s.2021b et seq.). The expenditure of moneys in the fund shall be subject to the approval of the Director of the Division of Budget and Accounting in the Department of the Treasury. In the event that additional expenditures are not otherwise required, any moneys remaining in the fund shall be returned to generators in the same proportion in which the fees were assessed and paid.

b. The department shall cause an annual audit to be made of the fund and all expenditures of moneys from the fund. The audit shall include a determination of the extent to which the expenditures directly relate to costs incurred in the implementation of the relevant provisions of P.L.1987, c.333 (C. 13:1E-177 et seq.), the “Low-Level Radioactive Waste Policy Act,” Pub.L.96-573 (42 U.S.C.s.2021b et seq.), and the “Low-Level Radioactive Waste Policy Amendments Act of 1985,” Pub.L.99-240 (42 U.S.C. § 2021b et seq.), including, but not limited to, salaries and administrative expenses. Each annual audit shall be subject to review by the State Auditor, and shall be transmitted to the presiding officer of each House of the Legislature and to the respective chairpersons of the Senate Environment Committee and the Assembly Environment and Solid Waste Committee, or their successors.

L.1991,c.166,s.5; amended 2002, c.105, s.2.