Bill Text: NJ A4531 | 2016-2017 | Regular Session | Amended


Bill Title: Requires certain notice to be provided by public utility, county, or municipality prior to initiating certain infrastructure projects.*

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed) 2017-06-22 - Received in the Senate, Referred to Senate Economic Growth Committee [A4531 Detail]

Download: New_Jersey-2016-A4531-Amended.html

[First Reprint]

ASSEMBLY, No. 4531

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED JANUARY 23, 2017

 


 

Sponsored by:

Assemblyman  GARY S. SCHAER

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

     As reported by the Assembly Telecommunications and Utilities Committee on June 19, 2017, with amendments.

 


An Act concerning certain 1local unit and1 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.  1[a.  A public utility shall provide to a county or municipality notice in writing at least one calendar year prior to initiating work on a public utility infrastructure project in that county or municipality, except in an emergency.  The notice shall include a summary of the purpose and scope of the public utility infrastructure project, a timeline and  map of the public utility infrastructure project, and any other information deemed necessary by the board.

     b.    A county or municipality shall annually inform a public utility of planned infrastructure projects that will be undertaken by the municipality or county.

     c.     A public utility, upon completing a project that requires road excavation work in a county or municipality, shall restore the road to the condition that is required pursuant to ordinances in that county or municipality. 

     d.]1            As used in 1[this section] P.L.    , c.    (C.      ) (pending before the Legislature as this bill)1:

     "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.

     1"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.1

     "Public utility" means "public utility" as defined in R.S.48:2-13.

     "Public utility infrastructure project" means 1[a project performed by a public utility in more than one municipality that consists of work that includes, but is not limited to, raising or relocating electric substations, replacing or upgrading low-pressure, cast iron gas mains, and replacing or upgrading electric, gas, or water transmission lines and] the construction, reconstruction, installation, demolition, restoration, and alteration of facilities of the public utility1 that requires approval by the board 1, 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 repairs1.

 

     12.   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.1

 

     13.   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.1

 

     14.   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).1

 

     1[2.] 5.1  This act shall take effect on the 180th day after the date of enactment.

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