Bill Text: NJ A1245 | 2020-2021 | Regular Session | Introduced
Bill Title: Requires certain notice to be provided by public utility, county, or municipality prior to initiating certain infrastructure projects.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A1245 Detail]
Download: New_Jersey-2020-A1245-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman GARY S. SCHAER
District 36 (Bergen and Passaic)
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
Assemblyman CLINTON CALABRESE
District 36 (Bergen and Passaic)
SYNOPSIS
Requires certain notice to be provided by public utility, county, or municipality prior to initiating certain infrastructure projects.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning certain local unit and public utility infrastructure projects and supplementing Title 48 of the Revised Statues.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Board" means the New Jersey Board of Public Utilities or its successor agency.
"Emergency" means any time a public utility service is interrupted or in immediate danger of being interrupted by the elements or by any other cause or when the condition of the equipment of the public utility is in need of immediate repair to prevent injury to persons or damage to property.
"Local infrastructure project" means a project performed by a local unit or a local utility to improve local public roads, streets, bridges, public transportation or local utility facilities, or any work conducted in a public utility right-of-way.
"Local unit" means "local unit" as defined in R.S.40A-1.
"Local utility" means a sewerage authority created pursuant to the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.), a utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.), an entity created pursuant to the "Municipal Shared Services Energy Authority Act," P.L.2015, c.129 (C.40A:66-1), or a utility, authority, commission, special district, or other corporate entity not regulated by the Board of Public Utilities under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water, or sewer service to a municipality or the residents thereof.
"Public utility" means "public utility" as defined in R.S.48:2-13.
"Public utility infrastructure project" means the construction, reconstruction, installation, demolition, restoration, and alteration of facilities of the public utility that requires approval by the board, but does not include temporary traffic control, leak surveying, snow plowing, vegetation management in and around public utility rights-of-way, mark outs, landscaping, meter work, and emergency repairs.
2. a. A public utility shall notify a local unit of any public utility infrastructure project that the public utility plans to undertake within the borders of that local unit at least six months prior to initiating work on the public utility infrastructure project. The notice shall include a summary of the purpose and scope of the public utility infrastructure project, a public utility infrastructure project schedule, and a map of the public utility infrastructure project location.
b. Notwithstanding the notification requirements of subsection a of section 3 of P.L. (C. )(pending before the Legislature as this bill), within 30 days of the receipt of the notice required pursuant to subsection a. of this section, a local unit shall notify the public utility of its intent to construct a local infrastructure project within the scope of the public utility infrastructure project. The local unit and public utility shall coordinate to provide timely notification of any changes to their respective project plans or schedule and, when feasible, to jointly establish a timeframe for scheduled work.
c. A public utility, upon completing a public utility infrastructure project that requires road, street, or highway excavation work in a local unit, shall restore the road, street, or highway to the condition that is required pursuant to ordinance in that local unit or to a condition which has been agreed upon by the public utility and the local unit.
3. a. A local unit shall notify each public utility that provides service within its borders of any local infrastructure project that the local unit plans to undertake at least one calendar year prior to initiating work on the local infrastructure project. The notice shall include a summary of the purpose and scope of the local infrastructure project, a local infrastructure project schedule, and a map of the local infrastructure project location.
b. Notwithstanding the notification requirements of subsection a of section 2 of P.L. (C. )(pending before the Legislature as this bill), within 30 days of the receipt of the notice required pursuant to subsection a. of this section, a public utility shall notify the local unit of its intent to construct a public utility infrastructure project within the scope of the local infrastructure project. The local unit and public utility shall coordinate to provide timely notification of any changes to their respective project plans or schedule and, when feasible, to jointly establish a timeframe for scheduled work.
4. Notwithstanding any provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary, the Board of Public Utilities, in consultation with the Department of Community Affairs, shall promulgate rules and regulations necessary to effectuate the purposes of P.L. (C. ) (pending before the Legislature as this bill).
5. This act shall take
effect on the 180th day after the date of enactment.
STATEMENT
This bill provides that a public utility regulated by the Board of Public Utilities and a "local unit," as that term is defined in the bill, are to notify each other within six months and one calendar year, respectively, of an infrastructure project the public utility or local unit plans to undertake. The notice is to include a summary of the purpose and scope of the infrastructure project, the infrastructure project schedule, and a map of the infrastructure project location.
Within 30 days of the receipt of the required notice, a local unit or public utility is to notify the other of its intent to construct an infrastructure project within the scope of the other's infrastructure project. The bill requires the local unit and public utility to coordinate to provide timely notification of any changes to their respective project plans or schedule and, when feasible, to jointly establish a timeframe for scheduled work.
Finally, the bill requires a public utility, upon completing a project that requires road, street, or highway excavation work in a local unit, to restore the road, street, or highway to the condition that is required pursuant to the ordinance of that local unit or to a condition which has been agreed upon by the public utility and the local unit.
