Bill Text: NJ A3790 | 2012-2013 | Regular Session | Introduced
Bill Title: Requires electric public utilities to file with BPU and implement distribution infrastructure protection plans; prohibits rate increase pending implementation of plans.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-02-07 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A3790 Detail]
Download: New_Jersey-2012-A3790-Introduced.html
Sponsored by:
Assemblyman DAVID P. RIBLE
District 30 (Monmouth and Ocean)
Assemblywoman CAROLINE CASAGRANDE
District 11 (Monmouth)
SYNOPSIS
Requires electric public utilities to file with BPU and implement distribution infrastructure protection plans; prohibits rate increase pending implementation of plans.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning electric public utility flood protection plans and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Board" means the Board of Public Utilities.
"Electric distribution infrastructure" means, with respect to an electric public utility, any machinery, apparatus, or equipment within and appurtenant to a facility owned or controlled by the utility, used for the distribution of electricity to the customers of this State, including distribution substations and transfer stations, but not including lines, meters, and switches not immediately appurtenant to the facility as determined by the board.
"Electric public utility" or "utility" means a public utility as that term is defined in R.S.48:2-13, that transmits and distributes electricity to end users within this State.
2. a. Within 120 days of the board's promulgation of the rules and regulations establishing flood-proof design regulations pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), each electric public utility in the State having ownership or control of electric distribution infrastructure shall prepare and submit to the board, a plan to protect the infrastructure from flood damage in accordance with the flood-proof design regulations promulgated by the board pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. Within 180 days of receipt of a flood protection plan pursuant to subsection a. of this section, the board shall determine whether the plan is feasible and whether it shall be implemented with or without recommendations. Upon a determination that the plan shall be implemented, the board shall order that the plan be implemented and the electric distribution infrastructure described in the plan shall be completed within one calendar year from such order, which order shall include any recommendations for amendments or additions to the plan.
3. Notwithstanding any law, rule, regulation, or order to the contrary, the board shall not grant any petition of an electric public utility for an adjustment in existing tariffs which proposes to increase individual rates, joint rates, tolls, or charges, or schedules thereof, until the utility completes implementation of the flood protection plan pursuant board order issued pursuant to subsection b. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. Within 120 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the board shall, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations establishing flood-proof design regulations, standards, and classification of property and equipment to be determined by the board as being utility distribution infrastructure, and any other such rules and regulations as may be necessary to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
5. This act shall take effect immediately.
STATEMENT
This bill directs the Board of Public Utilities (BPU), within 120 days of the effective date of the bill, to promulgate electric distribution infrastructure flood-proof design regulations. "Electric distribution infrastructure" is defined to mean, with respect to an electric public utility, any machinery, apparatus, or equipment within and appurtenant to a facility owned or controlled by the utility, used for the distribution of electricity to the customers of this State, including distribution substations and transfer stations, but not including lines, meters, and switches not immediately appurtenant to the facility as determined by the board.
The bill further requires, within 120 days of the promulgation of the BPU regulations, each electric public utility in the State to submit flood protection plan in accordance with such regulations. The BPU is then required, 180 days after submission of the plan, to determine whether the plan is feasible, then, upon such determination, to order, with or without recommendations, implementation of the plan. No increase in rates shall be granted to an electric public utility until a plan is implemented pursuant to the provisions of the bill.
