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 Fiscal Control Law,” P.L.1983, c.313 (C. 40A:5A-1 et seq.), excluding a fire district, a regional authority or a housing authority, an amount in that undesignated fund balance or unreserved retained earnings, not to exceed 5% of the annual costs of operation of the authority may be appropriated for use in the local budget of the municipality or county that created the authority unless otherwise restricted by bond covenants.

L.2004,c.87,s.1.