reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-33 - Witnesses; production of documents; oaths; subpoenas

48:2-33. Witnesses; production of documents; oaths; subpoenas
The board may compel the attendance of witnesses and the production of tariffs, contracts, papers, books, accounts and all other documents. Any member of the board or any hearing examiner designated by the board to preside at a hearing may administer oaths to all witnesses. Subpoenas issued by the board shall be signed by 1 of the members thereof and by the secretary, or an assistant secretary and may be served by any person of full age.
Amended by L.1962, c. 198, s. 20.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-35 - Compelling witness to testify or produce documents; contempt

48:2-35. Compelling witness to testify or produce documents; contempt
If a person subpoenaed to attend before the board or a member thereof fails to obey the command of the subpoena without reasonable cause, or if a person in attendance before the board or a member thereof refuses without lawful cause to be examined or to answer a legal or pertinent question, or to produce a book or paper, when ordered so to do by the board or a member thereof, the board or the member may apply to the Superior Court or any judge thereof, upon proof by affidavit of the facts, for an order returnable in not less than 2 nor more than 10 days, directing such person to show cause before the court or judge why he should not comply with the subpoena or order of the board.
Upon the return of the order the court or judge before whom the matter shall come on for hearing shall examine under oath such person whose testimony may be relevant and such person shall be given an opportunity to be heard, and if the court or judge shall determine that such person refused without legal excuse to comply with the subpoena or the order of the board, the court or judge may order such person to comply forthwith with the subpoena or order. Any failure to obey the order of the court or judge may be punished by the court or judge as a contempt of the Superior Court.
Amended by L.1962, c. 198, s. 21.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-36 - Self-incrimination; immunity from prosecution

48:2-36. Self-incrimination; immunity from prosecution
No person shall be excused from testifying or from producing any book, document or paper in any investigation or inquiry by or upon a hearing before the board or any member thereof when ordered so to do by the board or member, upon the ground that the testimony or documentary evidence required of him may tend to incriminate him or subject him to penalty or forfeiture, but no person shall be prosecuted, punished or subjected to any penalty or forfeiture on account of any matter or thing concerning which he shall, under oath, have testified or produced documentary evidence, except that he shall not be exempt from prosecution or punishment for any perjury committed by him in his testimony. Nothing herein shall give to any corporation immunity of any kind.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-36.1 - Requiring utility to submit data relevant to inquiry or investigation by board

48:2-36.1. Requiring utility to submit data relevant to inquiry or investigation by board
The board may by order in writing require any public utility to compile from its accounts, books, records, documents, and papers and submit to the board any data, material and relevant to any inquiry, investigation or proceeding undertaken by or pending before such board. The data which the board is hereby empowered to require to be compiled may relate and extend to services rendered, business done, transactions had, and property located, within or without this state where such data is material and relevant to the inquiry, investigation or proceeding so undertaken by, or pending before the board.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-37 - Corporations and persons owning or controlling public utility stock; compelling production of records and attendance of witnesses

48:2-37. Corporations and persons owning or controlling public utility stock; compelling production of records and attendance of witnesses
The board, or any member of the board, may compel by service of its subpoena the production of the books, accounts, records, contracts and other documents in writing of (a) any corporation or person owning, holding or controlling, separately or in affiliation with another corporation or person, five per cent or more of the capital stock of any public utility, and of (b) any corporation five per cent of whose capital stock is owned, held, or controlled by any corporation or person so owning, holding or controlling, separately or in affiliation with another corporation, or person, five per cent or more of the capital stock of any public utility, respecting any relation between such public utility and such corporation or person.
The board, or any member of the board, may compel the attendance of witnesses for the purpose of obtaining information as to such books, accounts, records, contracts, and other documents and writings in the same manner that witnesses are now compelled to testify before the board.
Information, books, accounts, records, contracts and other documents in writing obtained by the board through the proceeding hereby authorized shall be used by the board only for the purpose of aiding the board in reaching a determination in a proceeding or on an issue before it, and for no other purpose.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-38 - Evidence by member or employee in civil suit

48:2-38. Evidence by member or employee in civil suit
No member or employee of the board shall be required to give testimony or to furnish documents in a civil suit to which the board is not a party, with regard to information obtained by him in the discharge of his official duty.
Amended by L.1962, c. 198, s. 22.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-40 - Issuance of order; effective dates; service; posting on Internet; rehearing.

48:2-40 Issuance of order; effective dates; service; posting on Internet; rehearing.
48:2-40. a. A majority vote of the board shall be necessary to the issuance of an order.
b. (1) After the effective date of P.L.2011, c.63, the board shall issue every order in written form.
(2) If a matter is an emergency that affects public health and safety, the board may issue a temporary order on the matter orally, but shall within 14 days thereafter issue the order as a written order that does not differ substantively from the oral order. Any board order issued orally may be made effective immediately, but, regardless of its effective date, if that order is not issued in written form within 14 calendar days thereafter, or the written order is substantively different from the oral order, the oral order shall be void and of no effect as of the 15th calendar day after its issuance.
c. The board shall issue any written order by filing a copy thereof with the board secretary. Every written order issued by the board shall be:
(1) served upon the person or public utility affected thereby within seven calendar days from its filing by personally delivering or by mailing a certified copy thereof in a sealed package with postage prepaid to the person affected or to an officer or agent of the public utility upon whom a summons may be served; and
(2) posted on its public document search system, established pursuant to section 2 of P.L.2021, c.96 (C.48:2-10.2), within seven calendar days from its filing.
d. All written orders of the board shall become effective upon service thereof or upon such dates after the service thereof as may be specified therein.
e. The board at any time may order a rehearing and extend, revoke, or modify an order made by it.
amended 2011, c.63, s.1; 2021, c.96, s.5.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-41 - Enforcement

48:2-41. Enforcement
Observance of the orders of the board may be enforced by complaint in lieu of prerogative writ or injunction in appropriate cases, or by suit in equity to compel the specific performance of the order or of the duties imposed by law upon the public utility affected by the order.
Amended by L.1962, c. 198, s. 24.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-42 - Penalty for noncompliance with orders

48:2-42. Penalty for noncompliance with orders
Any person or public utility that shall fail to comply with an order of the board, except an order to resume service which has been discontinued, shall be subject to a penalty of one hundred dollars for every day during which the default continues. Any person or public utility that shall fail to comply with any order of the board directing the public utility to resume service which has been discontinued shall be subject to a penalty of two hundred and fifty dollars for every day during which such default continues. Such penalties shall be recovered in an action at law in the name of the state.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-43 - Appeal; notice

48:2-43. Appeal; notice
Any order made by the board may be reviewed by appeal to the appellate division of the Superior Court. Notice of appeal shall be within the time provided by rules of court. The notice shall be served upon the secretary of the board either personally or by leaving it at the office of the board. The evidence presented to the board together with the findings and the order issued thereon, shall be certified by the board to the appellate division as its return.
Amended by L.1962, c. 198, s. 25.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-43.1 - Appearance by board in review proceedings

48:2-43.1. Appearance by board in review proceedings
On any argument or hearing had in the Superior Court or the Supreme Court in any proceeding in review of any order or determination of the board, the board may appear, and be heard, as a party in said proceeding.
L.1962, c. 198, s. 35.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-46 - Setting aside orders

48:2-46. Setting aside orders
The Superior Court, appellate division is hereby given jurisdiction to review any order of the board and to set aside such order in whole or in part when it clearly appears that there was no evidence before the board to support the same reasonably or that the same was without the jurisdiction of the board.
No order shall be set aside in whole or in part for any irregularity or informality in the proceedings of the board unless the irregularity or informality tends to defeat or impair the substantial right or interest of the appellant.
Amended by L.1962, c. 198, s. 26.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-47 - Ordering rehearing by board

48:2-47. Ordering rehearing by board
If, with respect to any order brought under review it shall appear equitable and just that a rehearing should be had before the board, the Superior Court, appellate division may order that a rehearing be had before the board upon such terms and conditions as are reasonable. The board shall thereupon proceed to a rehearing on the evidence upon which the order under review was based, and upon such additional evidence, if any, as may be produced. As the result of the rehearing the board may readopt the order or alter, amend, modify or extend it.
The Supreme Court of New Jersey on appeal from a judgment of the Superior Court, appellate division to review an order of the board, may, whenever it shall deem it equitable and just that a rehearing should be had before the board, remit the record and proceedings before it to the Superior Court, appellate division to the end that said court may order that such rehearing may be had before the board upon such terms and conditions as are reasonable, as hereinbefore provided.
Amended by L.1962, c. 198, s. 27.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-49 - Performing, participating in or causing prohibited acts

48:2-49. Performing, participating in or causing prohibited acts
Any person who shall knowingly and willfully perform, commit or do, or participate in performing, committing or doing, or who shall knowingly and willfully cause, participate or join with others in causing any public utility company to do, perform or commit, or who shall advise, solicit or persuade, or knowingly and willfully instruct, direct or order any officer, agent or employee of any public utility company to perform, commit or do any act or thing forbidden or prohibited by this chapter or by sections 48:3-1 to 48:3-7, 48:3-9, 48:3-10 or 48:12-90 of this title, shall be guilty of a misdemeanor.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-50 - Failure to perform required acts

48:2-50. Failure to perform required acts
Any person who shall knowingly and willfully neglect, fail or omit to do or perform, or who shall knowingly and willfully cause or join or participate with others in causing any public utility company to neglect, fail or omit to do or perform, or who shall advise, solicit or persuade or knowingly and willfully instruct, direct or order any officer, agent or employee of any public utility company to neglect, fail or omit to do any act or thing required to be done by this chapter or by sections 48:3-1 to 48:3-7, 48:3-9, 48:3-10 or 48:12-90 of this title, shall be guilty of a misdemeanor.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-51 - Utilities acting unlawfully

48:2-51. Utilities acting unlawfully
Any public utility company which shall perform, commit or do any act or thing prohibited or forbidden by this chapter or by sections 48:3-1 to 48:3-7, 48:3-9, 48:3-10, or 48:12-90 of this title, or which shall neglect, fail or omit to do or perform any act or thing thereby required to be done by it, shall be guilty of a misdemeanor.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-51.1 - Acquisition of control of public utility; approval of board of public utilities; exceptions.

48:2-51.1 Acquisition of control of public utility; approval of board of public utilities; exceptions.
1. a. Except as otherwise provided by subsection b. of this section, no person shall acquire or seek to acquire control of a public utility directly or indirectly through the medium of an affiliated or parent corporation or organization, or through the purchase of shares, the election of a board of directors, the acquisition of proxies to vote for the election of directors, or through any other manner, without requesting and receiving the written approval of the Board of Public Utilities. Any agreement reached, or any other action taken, in violation of this act shall be void. In considering a request for approval of an acquisition of control, the board shall evaluate the impact of the acquisition on competition, on the rates of ratepayers affected by the acquisition of control, on the employees of the affected public utility or utilities, and on the provision of safe and adequate utility service at just and reasonable rates. The board shall accompany its decision on a request for approval of an acquisition of control with a written report detailing the basis for its decision, including findings of fact and conclusions of law.
b. Nothing herein shall require the review or approval by the board of any parent or affiliate corporation of a telecommunications company if such parent or affiliate corporation does not itself provide regulated telecommunications service or telephone access line service, in this State, and seeks to combine, merge, or consolidate with, or acquire or acquire control of, another corporation or other organization which:
(1) does not directly provide regulated telecommunications services or telephone access line service, in this State; and
(2) does not directly or through one or more affiliates, own a controlling interest in another corporation or other organization which provides regulated telecommunications service or telephone access line service, in this State.
L.1984, c.2, s.1; amended 2008, c.87, s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-52 - Rights preserved

48:2-52. Rights preserved
This chapter shall not have the effect to release or waive any right of action by the board or by any person for any right, penalty or forfeiture which may have arisen or which may arise under any of the laws of this state. Any penalty or forfeiture enforceable under this chapter shall not be a bar to or affect a recovery for a right or affect or bar any indictment against any public utility or person operating such public utility, its officers, directors, agents or employees.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-56.1 - Bus inspection fees, revenue of the commission.

48:2-56.1 Bus inspection fees, revenue of the commission.
2. Moneys received from fees collected by the commission pursuant to section 1 of P.L.1959, c.43 (C.48:2-56) for the bus inspection program shall be revenues of the commission and shall not be subject to the calculation of proportional revenue remitted to the commission pursuant to section 105 of P.L.2003, c.13 (C.39:2A-36).
L.1993,c.124,s.2; amended 2003, c.13, s.108.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-57 - Disposition of fees and charges

48:2-57. Disposition of fees and charges
All fees and charges collected under the provisions of this act shall be received by the board for the sole use of the State of New Jersey and the board shall report on and return to the State Treasurer all such fees and charges collected by it.
L.1959, c. 43, p. 148, s. 2, eff. May 28, 1959.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-58 - Repeal

48:2-58. Repeal
"An act authorizing, empowering and requiring the Board of Public Utility Commissioners to charge and collect fees with respect to matters coming before the board, charges for copies of publications, reports and other papers and subpoenas issued by the board, for examination and audit of annual reports and for inspections and tests, and supplementing chapter 2 of Title 48 of the Revised Statutes," approved May 5, 1947 is repealed.
L.1959, c. 43, p. 148, s. 3, eff. May 28, 1959.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-59 - Annual assessments

48:2-59. Annual assessments
To enable the Board of Public Utility Commissioners in the Department of Public Utilities to better perform its lawful duties relating to service, classifications to be used, rates and charges to be made and collected, rules and regulations to be prescribed, and supervision over all public utilities and public movers under its jurisdiction, the Board of Public Utility Commissioners shall annually make an assessment against each public utility and public mover.
L.1968, c. 173, s. 1, eff. July 16, 1968. Amended by L.1972, c. 36, s. 1, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-60 - Amount of assessment

48:2-60. Amount of assessment
The assessment shall be equal to a percentage of the gross operating revenue of the public utilities under the jurisdiction of the board derived from intrastate operations during the preceding calendar year at a rate to be determined annually by the board on or before June 30 in the following manner:
The total amount appropriated to the Board of Public Utilities by law for its general purposes for its next fiscal year shall be divided by the total amount of the gross operating revenues of all public utilities under the jurisdiction of the board derived from intrastate operations during the preceding calendar year. The quotient resulting shall constitute the percentage rate of the assessment for the calendar year in which such computation is made. The total amount so assessed to any particular public utility shall not exceed 1/4 of 1% of the gross operating revenue subject to assessment hereunder of that utility derived from its intrastate operation during the preceding calendar year, except that the minimum assessment for any public utility shall be $500.00.
L.1968, c.173, s.2; amended 1971,c.48; 1972,c.36,s.2; 1975,c.37; 1989,c.281,s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-61 - Exclusion of operating revenue derived from service receiving public funds

48:2-61. Exclusion of operating revenue derived from service receiving public funds
Operating revenue derived from any service provided or performed by any public utility which is receiving public funds in connection with such service under contracts with the State pursuant to the provisions of Article III of chapter 301 of the laws of 1966 (C. 27:1A-15 through C. 27:1A-28), shall not be included in determining the gross operating revenue of any such public utility or the total gross operating revenues of all public utilities subject to the provisions of this act.
L.1968, c. 173, s. 3, eff. July 16, 1968.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-62 - Levy of assessment; time for payment; gross operating revenues statement

48:2-62. Levy of assessment; time for payment; gross operating revenues statement
The assessment prescribed by sections 1 and 2 shall be levied by the Board of Public Utility Commissioners not later than July 1, and shall be paid within 30 days after mailing by first class mail to any public utility or public mover notice thereof and a statement of the amount.
Each public utility and public mover shall on or before June 1, file with the Board of Public Utility Commissioners, under oath, a statement showing its gross operating revenues derived from intrastate operations during the preceding calendar year.
L.1968, c. 173, s. 4, eff. July 16, 1968. Amended by L.1972, c. 36, s. 3, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-63 - Objections to statement; hearing

48:2-63. Objections to statement; hearing
Within 15 days after the date of mailing a statement as provided in this act, the public utility or public mover against which the statement is rendered may file with the board its objections thereto. Not less than 30 nor more than 60 days after giving notice thereof to the objector, the board shall hold a hearing on the objections.
L.1968, c. 173, s. 5, eff. July 16, 1968. Amended by L.1972, c. 36, s. 4, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-64 - Findings of board

48:2-64. Findings of board
If after the hearing the board finds any part of the charge against the objecting public utility or public mover excessive, erroneous, unlawful or invalid, it shall record its findings upon its minutes and transmit to the objector, by registered mail, an amended statement in accordance with the findings, which shall have the same force and effect as an original statement. If the board finds the entire statement unlawful or invalid, it shall notify the objector, by registered mail, of such determination, and the original statement shall be null and void. If the board finds that the statement as rendered is neither excessive, erroneous, unlawful nor invalid, in whole or in part, it shall record its findings upon its minutes and transmit notice thereof to the objector by registered mail.
L.1968, c. 173, s. 6, eff. July 16, 1968. Amended by L.1972, c. 36, s. 5, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-65 - Payment of statement objected to; notice of delinquency

48:2-65. Payment of statement objected to; notice of delinquency
If a statement against which objections are filed is not paid within 30 days after mailing to the objector notice of a finding that the objections have been disallowed, or in case an amended statement is not paid within 30 days after a copy thereof is mailed to the objector, the board shall give notice of the delinquency to the State Treasurer and to the objector, and the State Treasurer shall proceed to make the collection.
L.1968, c. 173, s. 7, eff. July 16, 1968.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-66 - Action for recovery of payments

48:2-66. Action for recovery of payments
No action for recovery of an amount paid under the terms of this act shall be maintained in any court unless objections have been filed with the board. In an action for recovery of any payments, plaintiff may raise any relevant issue of law, but the board's findings of fact shall be prima facie evidence of the facts therein stated.
L.1968, c. 173, s. 8, eff. July 16, 1968.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-67 - Payment necessary prior to action contending assessment excessive, erroneous or unlawful

48:2-67. Payment necessary prior to action contending assessment excessive, erroneous or unlawful
No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in accordance with the provisions of this act. A public utility or public mover against which a statement is rendered shall pay the amount thereof, and after the payment may in the manner provided by this act at any time within 2 years from the date of the payment, bring against the State an action at law to recover the amount paid, with legal interest thereon from the date of payment, upon the ground that the assessment was excessive, erroneous, unlawful or invalid in whole or in part.
L.1968, c. 173, s. 9, eff. July 16, 1968. Amended by L.1972, c. 36, s. 6, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-68 - Procedure

48:2-68. Procedure
The procedure provided in this act for determining the lawfulness of statements and the recovery of payments made pursuant to statements of assessments shall be exclusive of all other remedies and procedures.
L.1968, c. 173, s. 10, eff. July 16, 1968.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-69 - Failure to pay or file objections; notice to state treasurer

48:2-69. Failure to pay or file objections; notice to state treasurer
If any public utility or public mover to which a statement for the amount assessed against it as provided in this act has been rendered fails or refuses to pay the amount within 15 days, or fails to file with the board objections to the statement as provided herein, the board shall transmit to the State Treasurer a certified copy of the statement of the assessment together with notice of the neglect or refusal of the public utility or public mover to pay the amount thereof, and at the same time shall mail to the public utility or public mover a copy of the notice transmitted to the State Treasurer.
L.1968, c. 173, s. 11, eff. July 16, 1968. Amended by L.1972, c. 36, s. 7, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-70 - Collection

48:2-70. Collection
Within 10 days after receipt of the notice and certified copy of the statement, the State Treasurer shall proceed to collect the amount stated to be due, with legal interest, by seizure and sale of any goods or chattels, including stocks, securities, bank accounts, evidences of debt and accounts receivable belonging to the public utility or public mover anywhere within the State.
L.1968, c. 173, s. 12, eff. July 16, 1968. Amended by L.1972, c. 36, s. 8, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-72 - Companies not subject to fees and charges by commissioners

48:2-72. Companies not subject to fees and charges by commissioners
The provisions of sections 1 of P.L.1959, c. 43 (C. 48:2-56) and 11 of P.L.1968, c. 375 (C. 48:22-11) relating to the collections of fees and charges by the Board of Public Utility Commissioners, shall be inapplicable to public utility companies and public movers subject to assessment pursuant to this act.
L.1968, c. 173, s. 14, eff. July 16, 1968. Amended by L.1972, c. 36, s. 9, eff. May 25, 1972.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-74 - Findings, declarations, determinations

48:2-74. Findings, declarations, determinations
2. The Legislature finds and declares that damage to underground facilities caused by excavation and the discharge of explosives poses a significant risk to the public safety; that such damage to underground natural gas facilities poses a substantial risk to the public safety; and that the implementation of a comprehensive One-Call Damage Prevention System can substantially reduce the frequency of damage caused by these activities.
The Legislature therefore determines that it is in the public interest for the State to require all operators of underground facilities to participate in a One-Call Damage Prevention System and to require all excavators to notify the One-Call Damage Prevention System prior to excavation or demolition.
The Legislature further determines that the Board of Public Utilities is the appropriate State agency to designate the operator of, and provide policy oversight to, the One-Call Damage Prevention System and enforce the provisions of this act.
L.1994,c.118,s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-76 - One-Call Damage Prevention System, established; rules, regulations

48:2-76. One-Call Damage Prevention System, established; rules, regulations
4. The Board of Public Utilities shall establish a One-Call Damage Prevention System pursuant to the provisions of this act, and may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), such rules and regulations as it deems necessary to implement the provisions of this act. This system shall be a single Statewide 24-hour, seven-day-a-week notification center which shall:
a. Receive and record the notice of intent to excavate provided by excavators pursuant to subsection a. of section 10 of this act;
b. Assign a confirmation number to each notice of intent to engage in an excavation, inform the excavator of the confirmation number, and maintain a register showing the name, address, and telephone number of the excavator, the site to which the notice pertains, and the assigned confirmation number;
c. Promptly transmit to the appropriate operators the information received from an excavator regarding any intended excavation in areas where the operators have underground facilities;
d. Maintain a record of each notice of intent received pursuant to subsection a. of this section for a period of seven years from the date of notice; and
e. Provide to the excavator the names of the operators who will be notified by the One-Call Damage Prevention System of the intended excavation.
L.1994,c.118,s.4.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-77 - Operation of One-Call Damage Prevention System

48:2-77. Operation of One-Call Damage Prevention System
5. a. Five years after the effective date of this act, the board shall designate, through an appropriate administrative mechanism, a person to operate the One-Call Damage Prevention System. The board may, as necessary, adopt rules establishing the process by which it shall select a person to operate the system.
b. The board shall designate the Garden State Underground Plant Location Service (GSUPLS), a nonprofit corporation of this State, to operate the One-Call Damage Prevention System, on an interim basis, for five years after the effective date of this act. During this interim period, GSUPLS will operate the system in conformance with the provisions of this act and the board shall have policy oversight over operation of the system.
L.1994,c.118,s.5; amended 1997, c.7, s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-78 - Appropriate waiver conditions

48:2-78. Appropriate waiver conditions
6. The board may grant a waiver from the requirements of section 8 of this act for such reasons as it deems appropriate. The board shall have sole jurisdiction and authority for reviewing and granting or denying any waiver requested pursuant to this section. However, a waiver shall be deemed appropriate in those instances when an operator demonstrates that:
a. Damage to the underground facilities owned, operated, or controlled by the operator would pose no threat to the public safety; or
b. There is no possibility that an underground facility owned, operated or controlled by the operator will be damaged by excavating activities.
An operator who has requested a waiver pursuant to this section shall participate in the One-Call Damage Prevention System while the request is being considered by the board.
L.1994,c.118,s.6.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-79 - System operator, responsibilities

48:2-79. System operator, responsibilities
7. The system operator shall:
a. Operate the One-Call Damage Prevention System, which shall include but not be limited to the services described in section 4 of this act;
b. Establish a schedule of fees under which each operator shall pay an equitable share of the costs of maintaining the One-Call Damage Prevention System. This schedule of fees shall be submitted to the board for review and approval and shall be subject to the continuing jurisdiction of the board;
c. Ensure that the One-Call Damage Prevention System operates in all areas of the State. The telephone number of the One-Call Damage Prevention System for providing any notice required by this act shall be a toll-free number;
d. Notify the public and known excavators of the requirement pursuant to this act for the mandatory use of the One-Call Damage Prevention System to locate underground facilities; and
e. Comply with all other provisions of this act.
L.1994,c.118,s.7.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-81 - Marking of facilities; nonapplicability; excavation, permitting process on State property

48:2-81. Marking of facilities; nonapplicability; excavation, permitting process on State property
9. a. The requirement, pursuant to paragraph (2) of subsection a. of section 8 of this act, for an operator to mark, stake, locate or otherwise provide the position of its underground facilities shall not apply to an underground non-metallic water pipe or non-metallic water distribution facility installed prior to the effective date of this act. An operator that qualifies for this exemption shall cooperate with the excavator in reasonable efforts to determine the location of such facilities.
b. The requirement pursuant to paragraph (2) of subsection a. of section 8 of this act for an operator to mark, stake, locate or otherwise provide the position of its underground facilities shall be deemed met by a State department or agency when an excavation is conducted on property or a right-of-way owned or controlled by the State department or agency and the excavation is subject to an excavation permitting process by the State department or agency if:
(1) The underground facilities of the State department or agency at the proposed excavation site comprise only traffic signals and lights or street and highway lights and their associated electrical feeds, control lines and traffic sensing loops;
(2) The State department or agency excavation permit is conditional upon the excavator notifying the One-Call Damage Prevention System; and
(3) The State department or agency provides the excavator with plans of the position and number of its underground facilities during the permitting process and agrees to cooperate on a continuing basis with the excavator in reasonable efforts to determine the location of such facilities, including notifying an excavator of any changes which may occur in the position or number of underground facilities after the initial issuance of plans to the excavator. However, the State department or agency may elect to mark, stake, or locate its underground facilities pursuant to the requirements of paragraph (2) of subsection a. of section 8 of this act.
If a State department or agency elects not to mark or stake its facilities under this subsection, an excavator who has conformed with the requirements of this act and all other applicable permit requirements, and uses reasonable care while excavating shall not be liable for damage to the State department or agency's underground facilities.
L.1994,c.118,s.9.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-82 - Notification of the One-Call Damage Prevention System; excavator's duties.

48:2-82 Notification of the One-Call Damage Prevention System; excavator's duties.
10. a. An excavator shall notify the One-Call Damage Prevention System established pursuant to section 4 of this act of his intent to engage in excavation or demolition not less than three business days and not more than 10 business days prior to the beginning of the excavation or demolition.
b. Upon notifying the One-Call Damage Prevention System, an excavator shall provide the following information:
(1) The name and telephone number of the person notifying the system;
(2) The name, address, and office and field telephone numbers and facsimile numbers of the excavator;
(3) The name, address and telephone number of the person for whom the excavation work is to be performed; and
(4) The specific site location, starting date, starting time and description of the intended excavation or demolition, including the approximate depth of the excavation or demolition.
c. Where appropriate to provide clarification, an excavator shall mark and identify the perimeter of the proposed site of the excavation by the color white prior to notifying the One-Call Damage Prevention System of his intent to engage in excavation or demolition.
d. An excavator shall:
(1) Not operate any mechanized equipment within two feet horizontally of the outside wall of any underground facility marked in accordance with the provisions of this act, or marked in accordance with any rule, regulation, or order adopted pursuant to this act, unless the underground facility has first been located by hand digging. Mechanized equipment shall be used with proper care and under adequate supervision to avoid damage to the underground facility;
(2) Plan the excavation or demolition to avoid damage to and to minimize interference with underground facilities;
(3) Use reasonable care during excavation or demolition to avoid damage to or interference with underground facilities; and
(4) After commencement of excavation or demolition, protect and preserve the marking, staking, or other designation of an underground facility until the marking, staking, or other designation is no longer necessary for safe excavation or demolition.
e. An excavator shall immediately report to the operator of an underground facility any damage to the underground facility caused by or discovered by the excavator in the course of an excavation or demolition.
f. Notice for an excavation that is commenced within 10 business days, as pursuant to the provisions of subsection a. of this section, shall remain valid for 45 business days from the notification, providing that the excavator maintains any mark out that is made by an operator in accordance with the provisions of paragraph (4) of subsection d. of this section Any excavation occurring after 45 business days from the time of such notification shall require a new notification, in accordance with the provisions of this section.
L.1994,c.118,s.10; amended 2005, c.22, s.3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-83 - Proof of notification required for permission to excavate

48:2-83. Proof of notification required for permission to excavate
11. The provisions of any other law, rule, regulation or ordinance to the contrary notwithstanding, any permit or permission for a road opening, building, blasting, demolition or excavation granted by a public entity to an excavator that will result in excavation or demolition activity shall not be effective until the excavator provides proof to the public entity that the excavator has notified the One-Call Damage Prevention System pursuant to section 10 of this act. This proof may be provided by supplying the public entity with the confirmation number assigned to the notice of intent pursuant to subsection b. of section 4 of this act.
L.1994,c.118,s.11.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-84 - Nonapplicability to emergencies

48:2-84. Nonapplicability to emergencies
12. The provisions of this act shall not apply when an excavation or demolition is undertaken in response to an emergency, provided that the One-Call Damage Prevention System is notified at the earliest reasonable opportunity and that all reasonable precautions are taken to protect underground facilities.
L.1994,c.118,s.12.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-85 - Map of pipeline; filing

48:2-85. Map of pipeline; filing
13. a. An operator of an interstate natural gas pipeline or an interstate hazardous liquid underground pipeline shall file a map depicting the route of the pipeline in this State with the clerk of each municipality in the State through which the interstate pipeline passes, with the board, and with the Department of Environmental Protection.
b. Nothing in this act shall be construed to modify or interfere with the enforcement jurisdiction of the United States Department of Transportation with regard to the operators of interstate pipelines.
L.1994,c.118,s.13.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-87 - Illegal excavation; disorderly persons offense, third degree crime

48:2-87. Illegal excavation; disorderly persons offense, third degree crime
15. Any person who knowingly engages in an excavation without:
a. First using the One-Call Damage Prevention System to determine the location of underground facilities in the area being excavated; or
b. Heeding appropriate location information or markings established by any operator; or
c. Otherwise complying with the provisions of this act; is guilty of a disorderly persons offense. If, because of the violation, damage occurs to an underground facility resulting in death, serious bodily harm, or actual damage to property or loss of service revenue exceeding $50,000, or damage occurs to an underground hazardous liquid pipeline facility resulting in the release of more than 50 barrels of product, the person shall, upon conviction, be guilty of a crime of the third degree.
Nothing in this section shall limit the jurisdiction of the board with respect to natural gas pipeline safety or limit the jurisdiction of the board or a court of competent jurisdiction with respect to the civil administrative penalty and enforcement provisions of this act.
L.1994,c.118,s.15; amended 1997, c.7, s.3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-88 - Penalty for operator violations

48:2-88. Penalty for operator violations
16. a. An operator or excavator, or the person who operates the One-Call Damage Prevention System, who violates any provision of this act or any rule or regulation or order adopted pursuant thereto shall be liable to a civil penalty of not less than $1,000 and not more than $2,500 per day for each day the violation continues, except that the maximum civil penalty may not exceed $25,000 for any related series of violations.
b. Any civil action pursuant to subsection a. of this section may be brought in a court of this State by the board or by an affected operator. Nothing in this act shall affect any civil remedy for damage to an operator's underground facility or for actual damage to any person's property.
L.1994,c.118,s.16.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-89 - Notice failure, prima facie evidence of negligence

48:2-89. Notice failure, prima facie evidence of negligence
17. Evidence that an excavation or demolition that results in any damage to an underground facility was performed without providing the notice required pursuant to section 10 of this act shall be prima facie evidence in any civil or administrative proceeding that the damage was caused by the negligence of the person engaged in the excavation or demolition.
L.1994,c.118,s.17.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-91 - Board's jurisdiction not affected

48:2-91. Board's jurisdiction not affected
19. Nothing in this act shall limit the jurisdiction of the board:
a. Over public utilities pursuant to R.S.48:2-1 et seq., notwithstanding the fact that a public utility may be an operator or excavator as defined in section 3 of this act; or
b. Concerning natural gas pipeline safety pursuant to R.S.48:9-33.
L.1994,c.118,s.19.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-93 - Findings, declarations relative to BPU Business Ombudsman.

48:2-93 Findings, declarations relative to BPU Business Ombudsman.
2. The Legislature finds and determines that:
a. The attraction and retention of new and existing businesses is vital to the continued economic development of the State.
b. The increasing complexity of energy issues and the creation of a competitive energy marketplace, has resulted in obstacles to the attraction and retention of new and existing businesses in this State, especially since other states have developed marketing and promotional materials and programs designed to offer businesses the means to quickly determine energy savings from relocating to another area of the country.
c. An effective strategy to counter such efforts, attract new businesses and retain existing businesses in this State, is to provide for the appointment of a BPU Business Ombudsman within the Board of Public Utilities who shall be responsible for providing information to businesses concerning energy costs in the State and to assist businesses with the application for and processing of State energy programs, subsidies and grants to reduce their energy costs.
d. It is in the public interest to remain competitive with other states by authorizing the President of the Board of Public Utilities to appoint a BPU Business Ombudsman to act as a centralized resource for businesses to obtain information and assistance concerning State energy costs, potential benefits resulting from switching to or utilizing third-party energy suppliers, State energy programs, subsidies and grants to reduce energy costs and to promote energy efficiencies.
e. The appointment of a BPU Business Ombudsman to oversee and coordinate the dissemination of energy information needed by businesses is intended to encourage businesses to remain and expand in this State, to attract businesses from other states to relocate to this State and to stimulate business investment.
L.2005,c.215,s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-94 - Definitions relative to BPU Business Ombudsman.

48:2-94 Definitions relative to BPU Business Ombudsman.
3. As used in this act:
"Act" means the "BPU Business Ombudsman Act."
"Board" means the Board of Public Utilities.
"Business project or activity" means a new commercial or industrial business or enterprise or the expansion or improvement of an existing commercial or industrial business or enterprise in this State.
"BPU Business Ombudsman" means the person appointed by the President of the Board pursuant to section 4 of this act.
L.2005,c.215,s.3.