Bill Text: NJ A198 | 2018-2019 | Regular Session | Introduced
Bill Title: Requires public hearings concerning public utility rate increase to be conducted within two years of public utility's application for rate increase.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-09 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A198 Detail]
Download: New_Jersey-2018-A198-Introduced.html
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblywoman AMY H. HANDLIN
District 13 (Monmouth)
SYNOPSIS
Requires public hearings concerning public utility rate increase to be conducted within two years of public utility's application for rate increase.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning public hearing requirements for public utility rate increases and amending P.L.1980, c.179 and P.L.1983, c.454.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1980, c.179 (C.48:2-32.4) is amended to read as follows:
1. Prior to granting a public utility a proposed adjustment which would result in an increase in individual rates, joint rates, tolls, charges, or schedules thereof, the Board of Public Utilities or the Office of Administrative Law shall hold at least one public hearing, conducted within 18 months of the public utility applying for the adjustment, in the municipality affected by the proposed adjustment. If more than one municipality is located in the service area affected by the proposed adjustment, the public hearing shall be held in a centrally located municipality in the affected service area. Notice of [any such] a public hearing shall be furnished in the manner provided for notices generally pursuant to subsections c. and d. of section 34 of P.L.1962, c.198 (C.48:2-32.2). In the case of a hearing held by the Office of Administrative Law, proof of service of notice by a public utility shall be furnished to that office.
(cf: P.L.1985, c.203, s.2)
2. Section 2 of P.L.1983, c.454 (C.48:2-32.6) is amended to read as follows:
a. The provisions of any other law, rule, regulation, or order to the contrary notwithstanding, the board, or the Office of Administrative Law acting pursuant to subsection (c) of section 10 of the "Administrative Procedure Act," P.L.1968, c.410 [(C.52:14B-10(c))] (C.52:14B-10), shall conduct as many of its public hearings held to review applications by gas and electric light, heat and power companies, other than municipally owned companies, for significant increases, changes, or alterations in their rate schedules, in the service area of the applicant as it deems necessary or appropriate to afford the affected ratepayers the opportunity to monitor the decision-making process by which the rates are set. At least two public hearings shall be held in the service area with respect to any application, except that if substantial portions of the service area are located in more than one geographic region of the State, then at least two public hearings shall be held in the service area located in each of those geographic regions, under the terms and conditions specified in this subsection. One of the public hearings held in the service area, or one of the public hearings held in each geographic area, as the case may be, shall be a public hearing in which petitioners, respondents, and intervenors are parties. At the second public hearing or hearings required by the provisions of this subsection, statements by objectors shall be permitted. All public hearings held pursuant to the provisions of this subsection shall be held at places which are easily accessible to the public with at least one [such] public hearing held during evening hours. All public hearings held pursuant to this subsection shall be conducted within 18 months of the gas and electric light, heat and power company, other than a municipally owned company, submitting an application for a significant rate increase, change, or alteration in its rate schedule.
b. On the day that the final public hearing is to be held in connection with any application, after which the recommended report and decision is to be filed in accordance with subsection (c) of section 10 of the "Administrative Procedure Act," P.L.1968, c.410 [(C.52:14B-10(c))] (C.52:14B-10), the administrative law judge or the board, as the case may be, may require the parties to the proceedings to present a summary statement of their cases or defenses. After such a presentation, statements by the objectors shall be permitted in order to accord persons not parties to the proceedings an opportunity to participate in the proceedings. If no [such] presentation is made, objector's statements shall be permitted in any event before the conclusion of the public hearing. The final public hearing shall be held in the service area.
(cf: P.L.1983, c.454, s.2)
3. Section 3 of P.L.1983, c.454 (C.48:2-32.7) is amended to read as follows:
3. The board shall adopt a final decision or order with respect to an application under section 2 of [this act] P.L.1983, c.454 (C.48:2-32.6) at a public meeting, in accordance with subsection (d) of section 10 of the "Administrative Procedure Act," P.L.1968, c.410 [(C.52:14B-10(d))] (C.52:14B-10), within six months of the date of the final public hearing held pursuant to section 2 of P.L.1983, c.454 (C.48:2-32.6). Each member of the board shall individually state the reason or reasons for [his] the member's decision on the application either at the public meeting or in a written document, which document shall be available to the public on request.
(cf: P.L.1983, c.454, s.3)
4. This act shall take
effect immediately.
STATEMENT
This bill amends existing law to require that all public hearings concerning public utility rate increases are to be conducted within 18 months of the public utility applying to increase or change its rate schedule. This bill also requires that the Board of Public Utilities is to adopt a final order or decision concerning an application to increase rates within six months of the date of the final public hearing concerning the rate increase
