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2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.30 - Legislative findings and declarations

48:2-29.30. Legislative findings and declarations
The Legislature hereby finds and declares that the extraordinary and unprecedented energy costs in recent years have had a deleterious financial impact on senior citizens and disabled residents in this State, many of whom must meet their regular living expenses on fixed incomes; that the voters of this State recognized the seriousness of this situation in 1976 by approving an amendment to the Constitution of the State of New Jersey which provides that all State revenues derived from the taxation of gambling establishments in Atlantic City be dedicated to reducing the property taxes, rentals, telephone, gas, electric, and municipal utility charges of eligible senior citizens and disabled residents; and, that in 1979 this Legislature created the "Lifeline Credit Program," which utilizes casino revenues to provide eligible senior citizens and disabled residents who are residential electric or gas customers with a credit against their utility charges.
The Legislature further finds and declares that many of the senior citizens and disabled residents in this State live in accommodations where they do not receive an individual utility bill, and therefore are not eligible for the "Lifeline Credit Program," even though they meet all the other requirements of the program; and, that these citizens, no less than those who receive individual utility bills, deserve financial relief from burdensome energy costs.
The Legislature, therefore, determines that it serves a public purpose, and is consistent with the provisions of the Constitution of the State of New Jersey, to establish a tenants' lifeline assistance program, and to fund such a program with revenues derived from the taxation of casinos.
L.1981, c. 210, s. 1, eff. July 20, 1981.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.31 - Tenants' lifeline assistance program; establishment and administration

48:2-29.31. Tenants' lifeline assistance program; establishment and administration
The Commissioner of the Department of Human Services, hereinafter referred to as the commissioner, shall establish and administer a program which shall be known as the "Tenants' Lifeline Assistance Program."
L.1981, c. 210, s. 2, eff. July 20, 1981.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.32 - Eligibility for Tenants' Lifeline Assistance Program

48:2-29.32. Eligibility for Tenants' Lifeline Assistance Program
Any residential tenant not receiving an individual electric or gas utility bill who at any time between July 1 and December 31, 1981, or at any time between July 1 and December 31 of any year thereafter, is: a. enrolled in, found eligible for, or, except for the provisions of section 4 of P.L. 1975, c. 194 (C. 30:4D-23), would be eligible for benefits under the program of "Pharmaceutical Assistance to the Aged and Disabled," established pursuant to P.L. 1975, c. 194 (C. 30:4D-20 et seq.), as amended and supplemented; or b. receiving or is eligible to receive benefits under the program of Supplemental Security Income (P.L. 1973, c. 256, C. 44:7-85 et seq.); or c. receiving disability benefits pursuant to the federal Social Security Act (42 U.S.C. s. 416(i)) and meets the income and residency requirements of the "Pharmaceutical Assistance to the Aged and Disabled" program, shall be eligible for the "Tenants' Lifeline Assistance Program." The commissioner shall establish a schedule of eligible residential tenants who meet such qualifications. For the purposes of this act, "residential tenant" means a person renting or leasing real property, including a mobile home park site, as his principal residence, including a net lease residential tenant, as well as a person who is a resident shareholder in a nonprofit residential cooperative or mutual housing corporation, both defined pursuant to P.L. 1977, c. 241 (C. 54:4-3.80 et seq.), or an owner of a condominium as such is defined pursuant to P.L. 1963, c. 168 (C. 46:8A-1 et seq.) and P.L. 1969, c. 257 (C. 46:8B-1 et seq.).
L. 1981, c. 210, s. 3, eff. July 20, 1981. Amended by L. 1985, c. 291, s. 4.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.32a - "Tenants' Lifeline Assistance Program," notification as to error in estimated annual income.

48:2-29.32a "Tenants' Lifeline Assistance Program," notification as to error in estimated annual income.
5. a. Notwithstanding the provisions of any other law to the contrary, a recipient of benefits under the "Tenants' Lifeline Assistance Program," established pursuant to P.L.1981, c.210 (C.48:2-29.30 et seq.), shall notify the Department of Human Services if the recipient unintentionally errs in estimating annual income to determine eligibility for the program due to an unanticipated payment which would render the recipient ineligible for the program. Notification to the department shall be made in the time and manner prescribed by the department.
b. If the department determines that the payment was unanticipated, the recipient shall reimburse the program for only those benefits that were paid by the program after the recipient received the unanticipated payment.
c. If the department determines that the payment was not unanticipated, the recipient shall reimburse the program for all benefits that were paid by the program in the calendar year in which the payment was received.
d. Within 30 days of receipt of a determination by the department that the payment was not unanticipated, a recipient may request a hearing, which shall be conducted pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
e. Nothing in this section shall preclude a recipient from reapplying for benefits in the calendar year following the year in which the recipient notified the department pursuant to subsection a. of this section.
L.2003, c.281, s.5; amended 2012, c.17, s.413.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.33 - Annual tenants assistance payment; limitations

48:2-29.33. Annual tenants assistance payment; limitations
Any residential tenant found eligible for the "Tenants' Lifeline Assistance Program" shall be entitled to an annual tenant's assistance payment, except as otherwise provided herein, at his principal residence. No household or rental unit, as appropriate, shall receive more than one tenant's assistance payment for any fiscal year. No household shall receive during the same fiscal year both a tenant's assistance payment and a lifeline credit allowed pursuant to P.L.1979, c. 197 (C. 48:2-29.15 et seq.). The annual tenant's assistance payment shall be $200.00. Subject to the availability of appropriations, the level of assistance shall be increased to $225.00 beginning in October, 1984.
L.1981, c. 210, s. 4, eff. July 20, 1981. Amended by L.1982, c. 139, s. 1; L.1983, c. 250. s. 1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.34 - Certification by commissioner; issuance of payment; date; special state utility supplement to supplemental security income program

48:2-29.34. Certification by commissioner; issuance of payment; date; special state utility supplement to supplemental security income program
a. Upon certification by the commissioner, the State Treasurer shall issue a tenants assistance payment to each residential tenant found eligible for the "Tenants' Lifeline Assistance Program." For residential tenants found eligible between July 1 and December 31 of 1981 or any year thereafter, the tenants assistance payment shall be made during October, or as soon as practicable after eligibility has been determined, and during October of each year thereafter for which eligibility is determined.
b. For eligible residential tenants receiving benefits pursuant to the program of Supplementary Security Income under P.L.1973, c. 256 (C. 44:7-85 et seq.), the tenants assistance payment shall consist of a special State utility supplement to the Supplementary Security Income program and shall be made in 12 monthly installments. If, at the end of a year, a person eligible for the special State utility supplement has not received the full tenants assistance payment for that year, a payment for the balance thereof shall, upon certification by the commissioner, be issued by the State Treasurer. This special State utility supplement shall be in addition to existing supplementary payments which have been or may be authorized and made pursuant to P.L.1973, c. 256 (C. 44:7-85 et seq.).
L.1981, c. 210, s. 5, eff. July 20, 1981. Amended by L.1984, c. 159, s. 2, eff. Sept. 29, 1984.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.35 - Rules and regulations; assistance from or contracts for services of state agency

48:2-29.35. Rules and regulations; assistance from or contracts for services of state agency
a. The commissioner is authorized to promulgate, pursuant to law, such rules and regulations as may be necessary to effectuate the purpose of this act.
b. The commissioner shall be entitled to call upon the assistance, or contract for the services, of any State department, board, bureau, commission or agency as may be necessary to implement the provisions of this act.
L.1981, c. 210, s. 6, eff. July 20, 1981.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.36 - Annual report to legislature and Governor

48:2-29.36. Annual report to legislature and Governor
The commissioner shall submit a report on the "Tenants' Lifeline Assistance Program" to the Legislature and the Governor on August 15 of each year, in conjunction with the annual report submitted on the "Lifeline Credit Program," pursuant to P.L.1979, c. 197 (C. 48:2-29.15 et seq.). Such report shall include, but shall not be limited to, a summary of the implementation of the program, a study of its impact, any recommendations for its revision, and an estimate of the practicability and feasibility of expanding the program to include other needy residential electric and gas utility customers.
L.1981, c. 210, s. 7, eff. July 20, 1981.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.38 - Findings, declarations relative to energy assistance program.

48:2-29.38 Findings, declarations relative to energy assistance program.
1. The Legislature finds and declares that certain citizens of the State may find it difficult to pay for energy services because of a temporary financial reversal, medical crisis or other family problem; and that nonprofit energy assistance organizations such as New Jersey Statewide Heating Assistance and Referral for Energy Services (SHARES), have been formed, joining together various nonprofit human service agencies and the major energy utilities in the State to raise money through contributions of the members and others to provide temporary financial assistance to needy customers that may have exhausted all other available resources.
The Legislature therefore determines that it serves a public purpose to provide supplemental funding to such Statewide nonprofit energy assistance organizations from the unclaimed property held by the electric and gas utilities in the State.
L.2000,c.132,s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.39 - Designation of Statewide, nonprofit energy assistance organization.

48:2-29.39 Designation of Statewide, nonprofit energy assistance organization.
2. The Board of Public Utilities shall designate an established Statewide nonprofit energy assistance organization representing the State's major electric and gas utilities and human service nonprofit groups to receive supplemental funding from unclaimed property held by the State's electric and gas utilities that is transferred to the State in accordance with the requirements of R.S.46:30B-74.
L.2000,c.132,s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.40 - Utilization of funds provided; eligibility criteria.

48:2-29.40 Utilization of funds provided; eligibility criteria.
3. The Statewide nonprofit energy assistance organization receiving such funding from the State shall utilize the funds to provide temporary financial assistance to residential customers having short-term difficulties paying their energy bills after such customers have exhausted all other available energy assistance resources. The organization shall develop and file with the Board of Public Utilities the eligibility criteria for customers to receive energy assistance grants. The organization shall also file annually with the Board of Public Utilities and the Legislature a detailed report on the use of the funds received from the State and the number of recipients and amount of energy assistance grants.
L.2000,c.132,s.3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.42 - Third party designation to receive transmission of public utility service termination

48:2-29.42. Third party designation to receive transmission of public utility service termination
1. Every public utility which provides electric, natural gas, water, sewage disposal or local telecommunications service shall permit a residential ratepayer who receives service to designate a third party to whom the public utility shall transmit a copy of any notice of termination of service. The ratepayer shall notify the public utility that a third party has been so designated. Such notification shall be authorized on an appropriate form for recording this designation, and shall be effective not later than 10 business days from the date of receipt by the public utility. The notification shall contain, in writing, an acceptance by the third party designee to receive copies of any notices of termination of service of the ratepayer's utility services.
The transmission to the third party designee of a copy of the termination of service notice shall be in addition to the original document transmitted to the ratepayer. The copy of the termination of service notice transmitted to the third party shall be governed by the same law and policy provisions which govern the notice being transmitted to the ratepayer.
Designation as a third party shall not constitute acceptance of any liability on the part of the third party for payment of the public utility bill.
The public utility shall notify every residential ratepayer annually in writing of the availability of the third party designee notice procedures and provide information on how the ratepayer can commence this procedure, except that notice need not be provided once a ratepayer has made a designation. A public utility may provide this required annual notice to its residential ratepayers in any manner that the public utility determines.
L.2000,c.148,s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.43 - Rules, regulations

48:2-29.43. Rules, regulations
2. The board shall promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this act.
L.2000,c.148,s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.44 - Findings, declarations relative to electric public utility service

48:2-29.44. Findings, declarations relative to electric public utility service
1. The Legislature finds and declares that:
a. During periods of excessive heat, the health of individuals with disabilities, senior citizens, and others can be severely compromised if those individuals do not have adequate ventilation or air conditioning;
b. Each summer, some at-risk individuals die from dehydration during periods of sustained heat, and others have had their health severely compromised; and
c. In view of the severity of the impact of sustained heat on the physical well-being of at-risk individuals, it is the public policy of this State to ensure that these individuals, their financial circumstances notwithstanding, are not deprived of electrical power during periods when the amelioration of the effects of high heat and humidity is essential to their health and welfare.
The Legislature therefore determines that it is necessary for the Board of Public Utilities to develop and administer a program that ensures that the individuals most at risk will not experience an interruption in their electrical supply as a result of the suspension of service by an electric public utility.
L.2002,c.62,s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.45 - Provision of continued electrical service during periods of excessive heat

48:2-29.45 Provision of continued electrical service during periods of excessive heat
2. Notwithstanding any law, rule, order or regulation to the contrary, the board shall provide for the continuation of electrical service during periods of excessive heat,as determined by the board, for those residential customers who would be eligible for protection under the Winter Termination Program as pursuant to N.J.A.C.14:3-7.12A,notwithstanding that the individual would otherwise be subject to the suspension of service; provided, however, that nothing in this act shall in any manner relieve the individual of any financial obligation to the electric public utility providing the service.
L.2002,c.62,s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.46 - Rules, regulations

48:2-29.46. Rules, regulations
3. The board shall promulgate, in accordance with the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as may be necessary to effectuate the purposes of this act.
L.2002,c.62,s.3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.47 - Prevailing wage requirement, construction undertaken with BPU financial assistance.

48:2-29.47 Prevailing wage requirement, construction undertaken with BPU financial assistance.
1. Not less than the prevailing wage rate shall be paid to workers employed in the performance of any construction undertaken in connection with Board of Public Utilities financial assistance, or undertaken to fulfill any condition of receiving Board of Public Utilities financial assistance, including the performance of any contract to construct, renovate or otherwise prepare a facility, the operations of which are necessary for the receipt of Board of Public Utilities financial assistance, except that the prevailing wage rate requirements of this section shall not apply to any contract which is less than the prevailing wage contract threshold amount for municipalities provided in paragraph (a) of subsection (11) of section 2 of P.L.1963, c.150 (C.34:11-56.26). The prevailing wage rate shall be the rate determined by the Commissioner of Labor and Workforce Development pursuant to the provisions of P.L.1963, c.150 (C.34:11-56.25 et seq.). For the purposes of this section, "Board of Public Utilities financial assistance" means any tax exemption, abatement or other incentive or any rebate, credit, loan, loan guarantee, expenditure, investment, grant, incentive, or other financial assistance which is, in connection with construction, approved, funded, authorized, administered or provided by the Board of Public Utilities, whether the assistance is received before, during or after completion of the construction, except that "Board of Public Utilities financial assistance" does not include any rebate, credit, loan, loan guarantee, expenditure, investment, grant, rental voucher, rental assistance, tax exemption, tax abatement, tax incentive, or other financial assistance from any source, if that assistance is provided directly to a homeowner or tenant in connection with the homeowner's or tenant's place of residence, including assistance for energy-related and other improvements to the place of residence or if that assistance is provided for any new construction or weatherization of a single family home, town home, or row home, or of any apartment building, condominium building, or multi-family home of four stories or less.
For the purpose of implementing the provisions of this section, the Commissioner of Labor and Workforce Development shall exercise all powers and duties granted by P.L.1963, c.150 (C.34:11-56.25 et seq.) regarding the payment of the prevailing wage, and any worker employed in the performance of construction work subject to this section, and the employer or any designated representative of the worker, may exercise all rights granted to them by that act.
L.2009, c.89, s.1; amended 2009, c.203.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.48 - Definitions relative to electric public utility service discontinuances.

48:2-29.48 Definitions relative to electric public utility service discontinuances.
1. As used in P.L.2019, c.154 (C.48:2-29.48 et seq.):
"Board" means the Board of Public Utilities or any successor agency.
"Electric public utility" or "utility" means a public utility, as that term is defined in R.S.48:2-13, that provides electric distribution service.
"Emergency" means any condition constituting a potential danger to life, health, or property requiring an electric public utility to immediately discontinue or interrupt service or that results in an unscheduled discontinuance or interruption in electric service.
"Medical customer" means a residential electric public utility customer of record who uses life-sustaining equipment powered by electricity, as determined by the board, at the customer's address and affirmatively responds to a request for information pursuant to subsection a. of section 2 of P.L.2019, c.154 (C.48:2-29.49).
L.2019, c.154, s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.49 - Annual request for information by electric public utility.

48:2-29.49 Annual request for information by electric public utility.
2. a. An electric public utility shall request from every residential customer, on a semi-annual basis, information, determined by the board, as to whether the residential customer, or any person living at the residential customer's address, uses life-sustaining equipment powered by electricity at the residential customer's address. If a residential customer responds to the utility's request for information indicating that the residential customer or a person living at the residential customer's address uses life-sustaining equipment powered by electricity, the utility shall designate that residential customer as a medical customer.
b. Discontinuance of electric service for nonpayment is prohibited for a period of 90 days, if a medical customer's condition would be aggravated by a discontinuance of electric service. The board may extend the 90-day period of time in which a discontinuance of electric service is prohibited for an additional period of time for good cause. The board shall determine which types of licensed medical professionals are able to sign a medical certification needed to avoid the discontinuance of electric service pursuant to this section and shall establish conditions that shall apply to the prohibition on a discontinuance of electric service to a medical customer that shall include, but not be limited to, provisions requiring the medical customer to:
(1) provide reasonable proof of an inability to pay a utility bill on or before the bill's due date; and
(2) submit a written licensed medical professional's statement to the utility, stating:
(a) the existence of the medical customer's use of life-sustaining equipment powered by electricity at the medical customer's premises and the probable duration of that use;
(b) the nature of the condition of the medical customer and its probable duration, only if the disclosure of the information is not otherwise prohibited by law; and
(c) that the discontinuance of service to the medical customer will aggravate the condition of the medical customer.
L.2019, c.154, s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.50 - Liability for payment of bill balance.

48:2-29.50 Liability for payment of bill balance.
3. A medical customer who does not pay in full an electric public utility bill on or before the date the bill is due shall be liable for any bill payment balance for service rendered by the utility, in accordance with a utility's tariff.
L.2019, c.154, s.3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.51 - Customer outreach plan.

48:2-29.51 Customer outreach plan.
4. The board shall direct each electric public utility to develop a customer outreach plan, subject to board approval, that shall inform customers of the process for qualifying as a medical customer pursuant to P.L.2019, c.154 (C.48:2-29.48 et seq.).
L.2019, c.154, s.4.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.52 - Excuse from compliance.

48:2-29.52 Excuse from compliance.
5. An electric public utility shall be excused from compliance with the provisions of section 2 of P.L.2019, c.154 (C.48:2-29.49) in the event of an emergency or if, despite compliance by the utility with the requirements of section 2 of P.L.2019, c.154 (C.48:2-29.49), the medical customer fails or refuses to respond to a request for information by the utility pursuant to section 2 of P.L.2019, c.154 (C.48:2-29.49).
L.2019, c.154, s.5.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.53 - Rules, regulations.

48:2-29.53 Rules, regulations.
6. Notwithstanding any provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the board shall, within 180 days after the enactment of P.L.2019, c.154 (C.48:2-29.48 et seq.), adopt rules and regulations implementing the provisions of P.L.2019, c.154 (C.48:2-29.48 et seq.). The rules and regulations adopted by the board shall be effective as rules and regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 24 months, and may, thereafter, be amended, adopted, or readopted by the board pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
L.2019, c.154, s.6.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.54 - Definitions relative to public utilities.

48:2-29.54 Definitions relative to public utilities.
6. As used in sections 6 through 8 of P.L.2021, c.317 (C.48:2-29.54 through C.48:2-29.56):
"Board" means the Board of Public Utilities or any successor agency.
"Public utility" means a public utility, as defined pursuant to R.S.48:2-13, that provides electric, gas, sewer, or water service.
"Residential customer" means a residential customer of record of a public utility or any residential tenant of a residence where the owner or any agent or other representative of the owner of the residence is a non-residential customer of record of the public utility.
"Utility emergency" means any condition constituting a potential danger to life, health, or property requiring a sewer or water public utility to discontinue, interrupt, or maintain the discontinuation or interruption of sewer or water service or that results in an unscheduled discontinuance or interruption in sewer or water service.
L. 2021, c.317, s.6.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.55 - Winter Termination Program, inclusions.

48:2-29.55 Winter Termination Program, inclusions.
7. Within 120 days of the effective date of P.L.2021, c.317 (C.40A:5A-28 et al.), the Board of Public Utilities shall include each sewer and water public utility in the board's Winter Termination Program as established by the board pursuant to rules and regulations adopted by the board and published in the New Jersey Administrative Code. In addition to the inclusion of sewer and water public utilities, the board shall establish within the Winter Termination Program:
a. categorical eligibility for any customer receiving assistance under the Low Income Household Water Assistance Program established pursuant to the Consolidated Appropriations Act of 2021, Pub.L.116-260 or any other State, local, or utility program that provides assistance specifically to help eligible customers pay sewer or water bills;
b. a process, in a form and manner to be determined by the board, which allows a residential customer to self-certify an inability to pay their public utility bill due to circumstances beyond the customer's control, provided that the circumstances shall include, but not be limited to, unemployment, illness, medically related expenses, recent death of an immediate family member, and any other circumstances that might cause financial hardship; and
c. a requirement that a water public utility shall maintain or reconnect water public utility service if the water public utility residential customer can prove they have submitted an application for assistance under the Low Income Household Water Assistance Program established pursuant to the Consolidated Appropriations Act of 2021, Pub.L.116-260 or any other State, local, or utility program that provides assistance or discounted rates specifically to help eligible customers pay sewer or water bills, before such application has been approved, denied, or withdrawn, unless there is a utility emergency. Upon request, the residential customer shall provide the public utility with an update on the status of the application.
L. 2021, c.317, s.7.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.56 - Rules, regulations.

48:2-29.56 Rules, regulations.
8. The board shall promulgate rules and regulations, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purpose of sections 6 and 7 of P.L.2021, c.317 (C.48:2-29.54 and C.48:2-29.55).
L. 2021, c.317, s.8.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-29.57 - Definitions.

48:2-29.57 Definitions.
1. As used in P.L.2022, c.107 (C.48:2-29.57 et seq.):
"Board" means the Board of Public Utilities or any successor agency.
"Coronavirus 2019" means the coronavirus disease 2019, as announced by the World Health Organization on February 11, 2020, and first identified in Wuhan, China.
"Department" means the Department of Community Affairs.
"Local utility" means any sewerage authority created pursuant to the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.); any utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); or any municipal, county, or regional utility, authority, commission, special district, or other local government entity, not regulated by the Board of Public Utilities, that provides electricity, gas, heat, power, sewer, or water service.
"Personally identifiable information" means any information that is linked or reasonably linkable to an identified or identifiable customer.
"Public utility" means a public utility, defined pursuant to R.S.48:2-13, providing electric, gas, sewer, or water service to customers.
L.2022, c.107, s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-30 - Requisition of sum required for payments for services; reservation

48:2-30. Requisition of sum required for payments for services; reservation
When any contract is made by the board for professional or expert services for the purposes of carrying out any of the provisions of this chapter, the board shall make requisition on the state comptroller for the reservation of such sum as may be required to make payments for the services and doing the work agreed upon in the contract. The comptroller shall reserve for the purpose of making such payments, from the money appropriated by the legislature for the salaries and expenses of the board, the sum called for in the requisition.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-31 - Balance of reserve; disposition

48:2-31. Balance of reserve; disposition
If the work called for by the contract mentioned in section 48:2-30 of this title is not completed during the fiscal year in which the contract is made, the balance of the sum reserved by the comptroller on account of the contract shall remain to the credit of the board and shall be used for the purpose of making further payments until the work called for by the contract is completed. No such balance shall be retained nor shall any such contract be extended beyond the close of the fiscal year following the year in which the contract is made.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-32 - Board rules to govern; single member may sit

48:2-32. Board rules to govern; single member may sit
All hearings and investigations before the board or any member thereof or any hearing examiner designated by the board shall be governed by rules adopted by the board. Neither the board nor such member or hearing examiner shall be bound by the technical rules of evidence. The members of the board may sit singly for the purpose of taking testimony in any proceeding.
Amended by L.1962, c. 198, s. 19.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-32.1 - Hearing examiners; authority; rules and regulations; compensation

48:2-32.1. Hearing examiners; authority; rules and regulations; compensation
The Board of Public Utility Commissioners may by order in writing designate its secretary, assistant secretaries, counsel, executive officer, assistant executive officer, any director or assistant director of any division of the board, any engineer, accountant, auditor or rate analyst of the board or any person acting in such capacity as its representative in, and on its behalf to conduct, any hearing in any proceeding now or hereafter pending before said board as a hearing examiner.
A hearing examiner, so designated by said board, shall have all the authority in the conduct of such hearing, including power to administer oaths, which is vested by Title 48 of the Revised Statutes, in a commissioner sitting singly, including authority to report to the board his findings and recommendations as to the order or other disposition to be made.
The board shall adopt rules and regulations relating to hearings conducted by a hearing examiner, the reports to be made and the recommendations to be submitted for action by the board, the taking of exceptions to such reports and recommendations, and proceedings before the board on the question of the adoption, rejection or modification by the board of the report and recommendations made by such hearing examiner.
No one so designated by the board as a hearing examiner shall by reason of such designation be entitled to or be paid or receive, directly or indirectly, additional compensation by reason of the services performed under such designation.
Amended by L.1952, c. 10, p. 49, s. 1; L.1958, c. 61, p. 183, s. 1; L.1967, c. 156, s. 1, eff. July 13, 1967.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-32.2a - Applicability of notification procedures

48:2-32.2a. Applicability of notification procedures
The specific notification procedures set forth in this amendatory and supplementary act shall apply to any hearing or investigatory function involving:
a. Any adjustment of public utility rates, tolls, fares or charges, or schedules thereof;
b. The proposed or actual discontinuance, curtailment or abandonment of any essential public utility service;
c. The fixing of standards for the measurement of a public utility product or service pursuant to subsection b. of R.S. 48:2-25; and
d. Public utility surcharge collections, pursuant to R.S. 48:2-29.4.
L. 1985, c. 203, s. 3, eff. June 26, 1985.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-32.2b - Complementary requirements

48:2-32.2b. Complementary requirements
This amendatory and supplementary act shall not be construed as limiting notice requirements, per se, to the hearings and investigations set forth in section 3 hereof but, rather, shall be construed as complementing any other public utility notice requirements, and other notice requirements, pertaining to the Board of Public Utilities, which are provided by law.
L. 1985, c. 203, s. 4, eff. June 26, 1985.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-32.3 - Public passenger transportation service; changes or curtailment; notice

48:2-32.3. Public passenger transportation service; changes or curtailment; notice
Whenever a State agency shall schedule public hearings relating to proposed changes or curtailment of public passenger transportation service, such hearings shall be conducted in the county or counties whose residents will be most affected by such proposals and in those cases where the proposals relate to commuter passenger service such hearings shall be held during evening hours starting no earlier than 8 p.m. and no later than 8:30 p.m. Notice of such hearings shall be given by the State agency to the board of chosen freeholders of each county whose residents will be affected and to the clerk of each municipality in the county or counties whose residents will be affected; such notice shall also be posted by the State agency in prominent places on the railroad cars and buses serving the routes to be affected.
L.1968, c. 72, s. 1, eff. June 21, 1968. Amended by L.1973, c. 293, s. 1, eff. Dec. 6, 1973.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-32.4 - Hearing in affected municipality

48:2-32.4. Hearing in affected municipality
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 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 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.
L. 1980, c. 179, s. 1, eff. Dec. 31, 1980. Amended by L. 1985, c. 203, s. 2, eff. June 26, 1985.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-32.5 - Definitions

48:2-32.5. Definitions
For purposes of this act:
a. "Geographic region" means one of the following regions of the State: the southern region encompassing the counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Ocean and Salem; the central region encompassing the counties of Hunterdon, Mercer, Middlesex, Monmouth and Somerset; and the northern region encompassing those counties remaining in the State.
b. "Intervenor" means any person permitted to intervene by the Board of Public Utilities or its presiding officer in any proceeding.
c. "Objector" means any person who objects on the grounds of public or private interest to the approval, determination, consent, certification or authorization of any petition pending before the board.
d. "Petitioner" means any person who files a petition, or on whose behalf a petition is made, for approval, determination, consent, certification or authorization of the board.
e. "Respondent" means any person subject to the jurisdiction of the board to whom the board issues notice instituting a proceeding or investigation of the board or ordered before any pending proceeding of the board or against whom a petition is filed.
f. "Service area" means the entire geographic area over which a gas or electric light, heat or power company has a privilege or franchise granted by the State or by any political subdivision of the State, in accordance with the provisions of R.S. 48:2-13 and R.S. 48:2-14.
g. "Significant increase" means an increase other than one resulting from a levelized energy adjustment clause or raw materials adjustment clause.
L.1983, c. 454, s. 1, eff. Jan. 12, 1984.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-32.6 - Public hearings.

48:2-32.6 Public hearings.
2. a. (1) 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)), shall conduct as many of its public hearings held to review applications by public utilities other than municipal, county, or other local government owned companies not subject to the jurisdiction of the board for significant increases, changes, or alterations in their rate schedules, in the service area of the applicant as the board 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 hearings held in each geographic area, as the case may be, shall be a hearing in which petitioners, respondents, and intervenors are parties. At the second hearing 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 hearing held during evening hours.
(2) As used in this subsection, "public utility" means "public utility" as defined in R.S.48:2-13.
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)), 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 the 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 presentation is made, objector's statements shall be permitted in any event before the conclusion of the hearing. The final public hearing shall be held in the service area.
L.1983, c.454, s.2; amended 2017, c.77, s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-32.7 - Final decision or order.

48:2-32.7 Final decision or order.
3. a. The board shall adopt a final decision or order with respect to an application under section 2 of 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)). Each member of the board shall individually state the reason for 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 upon request.
b. A final decision or order pursuant to subsection a. of this section shall be made within 12 months of the final public hearing held to review an application under section 2 of P.L.1983, c.454 (C.48:2-32.6). If the board has not adopted a final decision or order within 12 months of the final public hearing, the board shall hold an additional public hearing before adopting a final decision or order. A final decision or order shall not be adopted pursuant to subsection a. of this section unless a public hearing to review an application has been held in the previous 12 months.
L.1983, c.454, s.3; amended 2017, c.77, s.3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-32.8 - Advance notice of public meeting available on public document search system.

48:2-32.8 Advance notice of public meeting available on public document search system.
3. a. Notwithstanding the provision of written advance notice of at least 48 hours, but otherwise in conformity with the other provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), the Board of Public Utilities shall make available to the public on its public document search system, established pursuant to section 2 of P.L.2021, c.96 (C.48:2-10.2), advance notice of every public meeting conducted by the board five calendar days prior to the day of the meeting, unless a longer period of advance notice is required by law, pursuant to the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.); provided, however, that nothing in this subsection shall prohibit the board from updating any meeting agenda or adding an agenda item or removing an agenda item, as well as providing an updated agenda within the five calendar day period, consistent with public transparency. The provisions of this subsection shall apply to every public board meeting, including any public comment meeting, as described in section 4 of P.L.2021, c.96 (C.48:48:2-32.9), regardless of the number of board members present at the meeting.
b. For every public meeting conducted by the Board of Public Utilities, as authorized by law, the board shall provide, in the advance notice of that public meeting, pursuant to subsection a. of this section, a description of any action that may be taken by the board under each listed agenda item in the notice.
L.2021, c.96, s.3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-32.9 - Discussion with interested parties on policy matters.

48:2-32.9 Discussion with interested parties on policy matters.
4. a. Members of the Board of Public Utilities may engage in a discussion with interested parties on policy matters, which discussions shall not be considered prohibited ex parte communications; provided that nothing in this section shall alter the prohibition on ex parte communications between members and interested parties with regard to a contested case.
b. In order to increase transparency and accountability to the public, the board shall hold a public comment meeting at least once every three months in order to hear from the public and interested stakeholders on policy matters before the board, and such matters as the Legislature may from time to time designate. The public comment meeting shall meet all requirements of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.) and shall allow for oral or written statements by:
(1) any member of the public who is not a party pursuant to paragraph (2) of this subsection, on any topic germane to the interests of the board; and
(2) any party to a proceeding or party represented by counsel or a government affairs agent, on specific topics noticed by the board.
c. The board shall adopt, within 30 days of the effective date of P.L.2021, c.96 (C.48:2-10.1 et al.), written policies to govern the conduct of public comment meetings that shall maximize public engagement, provide annual notice of the scheduled dates for public comment meetings in accord with the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), allow for post-meeting written comments, and reasonably minimize the inadvertent discussion of pending or impending contested matters.
L.2021, c.96, s.4.