26. a. There is established in the Department of the Treasury a nonlapsing, revolving fund to be known as the “Worker and Community Right To Know Fund.” The “Worker and Community Right To Know Fund” shall be credited with all fees collected pursuant to paragraph (1) of subsection b. of this section and interest on moneys in the “Worker and Community Right To Know Fund” shall be credited to the “Worker and Community Right To Know Fund” and all moneys in the “Worker and Community Right To Know Fund” are appropriated for the purposes of the “Worker and Community Right To Know Fund”, and no moneys shall be expended for those purposes without the specific appropriation thereof by the Legislature. The State Treasurer shall be the administrator of the “Worker and Community Right To Know Fund”, and all disbursements from the “Worker and Community Right To Know Fund” shall be made by the State Treasurer upon the warrant of the Director of the Division of Budget and Accounting.

b. (1) The Department of Labor and Workforce Development shall annually assess each employer a fee of not less than $75.00 nor more than an amount equal to $4.00 per employee to provide for the implementation of the provisions of this act. All fees collected by the department pursuant to this paragraph shall be deposited in the “Worker and Community Right To Know Fund”.

(2) The Department of Labor and Workforce Development shall annually assess each employer a fee of $2.00 per employee for the implementation of P.L.1991, c.235 (C. 13:1D-35 et seq.). All fees collected by the department pursuant to this paragraph shall be deposited in the “Pollution Prevention Fund” established pursuant to section 16 of P.L.1991, c.235 (C. 13:1D-50), and shall be used only for the implementation of P.L.1991, c.235 (C. 13:1D-35 et seq.).

c. The moneys in the “Worker and Community Right To Know Fund” shall be disbursed only for the following purposes:

(1) Expenses approved by the Director of the Division of Budget and Accounting and incurred by the Department of Health, the Department of Environmental Protection, the Department of Labor and Workforce Development, the Department of the Treasury, and the county health departments in implementing the provisions of this act; and

(2) Repayment to the General Fund of any moneys appropriated by law in order to implement the provisions of this act.

d. The State Treasurer shall annually disburse the moneys in the “Worker and Community Right To Know Fund” for expenditures approved by the Director of the Division of Budget and Accounting pursuant to paragraph (1) of subsection c. of this section, but in no case in an amount to the several departments that is greater than the following percentages of the “Worker and Community Right To Know Fund” available in any one year: the Department of Health, 40%; the Department of Environmental Protection, 20%; the county health departments, 15%; the Department of Labor and Workforce Development, 15%; and the Department of the Treasury, 10%.

e. Beginning two years after the effective date of this act, the State Treasurer shall make an annual audit of the “Worker and Community Right To Know Fund” to determine the adequacy of moneys on deposit in the “Worker and Community Right To Know Fund” to support the implementation of the provisions of this act. If the State Treasurer, in consultation with the Department of Health, the Department of Environmental Protection, and the Department of Labor and Workforce Development makes a determination that the revenues in the “Worker and Community Right To Know Fund” are sufficient to warrant a reduction in the fees imposed pursuant to paragraph (1) of subsection b. of this section for the ensuing year, the State Treasurer may reduce the amount of the fees imposed during that year by an amount warranted by the balance in the “Worker and Community Right To Know Fund” at the time of the determination.

L.1983, c.315, s.26; amended 1989, c.155, s.2; 1991, c.235, s.20; 2003, c.117, s.19; 2012, c.17, s.404.