Water Infrastructure Protection Act (WIPA) Process

1.

Identify at least 1 Emergent Condition (EC)

2.

Schedule a pre-application meeting

3.

Hire an independent financial advisor to evaluate the public water utility

4.

Submit financial advisor report to BPU, DCA, DEP

5.

Hold a public hearing about the proposed EC

6.

Municipal governing body adopts resolution certifying existence of EC’s and submits copy to DEP, BPU, and DCA

7.

DEP has 30 days to approve or reject the existence of the EC

8.

Public notice of DEP’s approval of the EC (if granted)

9.

Proceed with advertisement, selection of buyer and negotiation of sale

10.

Office of State Comptroller sale or long-term lease agreement review

11.

Send the proposed sale or long-term lease contract to BPU for review

12.

BPU has 90 Days to approve or reject the proposed contract

13.

Separate petition for approval of the municipal consent to BPU

14.

After BPU approval, seek approval from DCA on use of sale proceeds

15.

DCA has 30 days to approve or reject the use of sale proceeds

For a detailed explanation of each step in the process chart above, please refer to the following document: WIPA Process Steps