reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-95 - BPU Business Ombudsman; appointment, powers, duties, funding.

48:2-95 BPU Business Ombudsman; appointment, powers, duties, funding.
4. a. There is hereby created a BPU Business Ombudsman in the board to provide information and assistance to any business, located in this State or seeking to relocate in this State, with regard to energy costs, potential benefits from switching to or utilizing third-party energy suppliers, State energy programs, subsidies or grants available to businesses to reduce their energy costs and promotion of energy efficiencies.
b. The ombudsman office shall be headed by a BPU Business Ombudsman who shall be appointed by the President of the Board and shall serve at the pleasure of the President of the Board. The BPU Business Ombudsman shall be a person qualified by training, experience, or both, to direct the work of the office. In appointing an Ombudsman, the President of the Board may select from, but shall not be restricted to, candidates from within the board as presently constructed.
c. The Ombudsman, under the supervision of the board, shall organize the work of that office and employ such professional, technical, research and clerical staff as may be necessary, proper and expedient to carry out the purposes of P.L.2005, c.215 (C.48:2-92 et seq.). The board, in consultation with the Ombudsman, may formulate and adopt rules and regulations and prescribe duties for the efficient conduct of the business, work and general administration in connection with P.L.2005, c.215 (C.48:2-92 et seq.). The Ombudsman may delegate to subordinate employees such of the Ombudsman's powers as the Ombudsman may deem desirable, to be exercised under the Ombudsman's supervision and direction.
d. The BPU Business Ombudsman and staff shall be funded through use of a portion of the monies received by the board as a result of the board's inclusion of a retail margin on certain hourly-priced and larger non-residential customers pursuant to the board's continuing regulation of Basic Generation Service pursuant to sections 3 and 9 of P.L.1999, c.23 (C.48:3-51 and 48:3-57). Nothing in P.L.2005, c.215 (C.48:2-92 et seq.) should be interpreted to restrict the board's discretion to set the level of the retail margin. Should the board determine to reduce or eliminate the retail margin or take any action that might implicate the funding of the activities or position, or both, of the BPU Business Ombudsman, the board shall assess the continuing need for the Ombudsman and upon a determination that the position remains necessary and useful shall consider alternative funding options.
L.2005,c.215,s.4.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-96 - Function of office of BPU Business Ombudsman.

48:2-96 Function of office of BPU Business Ombudsman.
5. It shall be the function of the office to:
a. Assist businesses with obtaining information concerning energy costs in response to requests from businesses;
b. Monitor the impact of State energy costs on business projects and activities and on business decisions to relocate to this State, and identify and recommend energy cost reduction strategies including State programs, subsidies and grants that may be available for businesses to reduce their energy costs;
c. Participate in the application process for State energy programs, subsidies and grants on behalf of a business, if in the BPU Business Ombudsman's judgment, such participation may be necessary to assist a business in order for a project or activity to proceed;
d. Work with board staff to assist in creating public information programs designed to acquaint and educate businesses and the public about the duties and responsibilities of the office; and
e. Interface with energy marketers seeking to provide service in this State and, where appropriate, work to bring them together with businesses concerned about energy costs.
L.2005,c.215,s.5.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-97 - Annual report to board.

48:2-97 Annual report to board.
6. The Ombudsman shall make an annual report to the board of the office's operations, and render such other reports as the board shall from time to time request or as may be required by law.
L.2005,c.215,s.6.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:2-98 - Rules, regulations.

48:2-98 Rules, regulations.
7. The board may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt such rules and regulations, as shall be necessary to implement the provisions of this act.
L.2005,c.215,s.7.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-1 - Unjust or unreasonable discriminations or classifications of rates; "board" defined

48:3-1. Unjust or unreasonable discriminations or classifications of rates; "board" defined
No public utility shall:
a. Make, impose or exact any unjust or unreasonable, unjustly discriminatory or unduly preferential individual or joint rate, commutation rate, mileage and other special rate, toll, fare, charge or schedule for any product or service supplied or rendered by it within this state;
b. Adopt or impose any unjust or unreasonable classification in the making or as the basis of any individual or joint rate, toll, fare, charge or schedule for any product or service rendered by it within this state.
The word "board" as used in this chapter shall mean the board of public utility commissioners.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-2 - Unjust or unreasonable regulations

48:3-2. Unjust or unreasonable regulations
No public utility shall adopt, maintain or enforce any regulation, practice or measurement which shall be unjust, unreasonable, unduly preferential, arbitrarily or unjustly discriminatory or otherwise in violation of law.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-2.1 - Interest on utility overpayments

48:3-2.1. Interest on utility overpayments
A public utility shall pay or credit interest at a rate prescribed by the Board of Public Utilities on any overpayment made by a residential customer due to a billing error, unless the overpayment is fully refunded or credited to the customer's account within two billing cycles after written notification by the customer to the utility of the alleged error. For the purposes of this act, "billing error" means a charge to a residential customer in excess of that approved by the board for the type of service supplied to that customer, or in excess of the charge due for the service supplied to that customer as measured or recorded by meter or other device, except that neither the amount of an estimated bill in and of itself, nor the amount due on a budget account installment, shall constitute a billing error. The board shall set and from time to time revise the interest rate in accordance with appropriate prevailing marketplace interest rates.
L. 1987, c. 211, s. 1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-2.2 - Notice to customers

48:3-2.2. Notice to customers
The board shall require each public utility to annually provide written notice of the provisions of this act to each of its residential customers.
L. 1987, c. 211, s. 2.
L.2003, c.247, s.1; amended 2013, c.181, s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-2.3 - Assessment of late charge on unpaid utility bill, conditions.

48:3-2.3 Assessment of late charge on unpaid utility bill, conditions.
1. a. Notwithstanding the provisions of any law, rule, regulation, or order to the contrary, the board shall not allow a utility to assess a late payment charge on an unpaid bill unless the charge is provided for in the utility's applicable rate schedule approved by the board. A late payment charge shall not be approved by the board if the charge is applicable to bills less than 25 days after rendering. A late payment charge shall not be approved for a rate schedule applicable to a State, county or municipal government entity or any residential ratepayer.
As used in this subsection, a "utility" means a public utility, as public utility is defined in R.S.48:2-13 and including a natural gas pipeline utility as natural gas pipeline utility is defined in section 2 of P.L.1952, c.166 (C.48:10-3), and a municipally-operated utility, insofar as the board's jurisdiction is extended to the municipally-operated utility under any applicable law. "Utility" shall not mean a local exchange telecommunications company or interexchange telecommunications carrier providing a competitive service as determined by the board pursuant to section 4 of P.L.1991, c.428 (C.48:2-21.19).
b. The board may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of subsection a. of this section.
L.2003, c.247, s.1; amended 2013, c.181, s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-3 - Improper service; refusal or withholding of service

48:3-3. Improper service; refusal or withholding of service
48:3-3. a. No public utility shall provide or maintain any service that is unsafe, improper or inadequate, or withhold or refuse any service which reasonably can be demanded or furnished when ordered by the board.
b. The board, upon receipt of a notification of refusal to provide solid waste collection services within a municipality pursuant to section 2 of P.L.1991, c.170 (C.40:66-5.2), may order the solid waste collector to provide these services in accordance with the provisions of R.S.48:2-23.
Amended 1991,c.170,s.5.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-3.1 - Refusal to furnish service for nonpayment of bill by previous occupant prohibited

48:3-3.1. Refusal to furnish service for nonpayment of bill by previous occupant prohibited
No public utility shall refuse to furnish or supply service to or for any building or premises by reason of a bill remaining unpaid by a previous occupant, providing the person applying for service shall not be in arrears to such company for service previously furnished to or for such building or premises or furnished to or for any other building or premises.
L.1962, c. 198, s. 45.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-4 - Undue preferences

48:3-4. Undue preferences
No public utility shall make or give, directly or indirectly, any undue or unreasonable preference or advantage to any person, locality or particular description of traffic, or subject any particular person, locality or particular description of traffic to any prejudice or disadvantage. Notwithstanding the provisions of section 48:3-1 of the Revised Statutes and this section a public utility engaged in the distribution and sale of gas and electricity or either thereof may supply such services to its employees at reduced rates.
Amended by L.1969, c. 69, s. 1, eff. May 29, 1969.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-4.1 - Reduced fare for transporting persons over age 65

48:3-4.1. Reduced fare for transporting persons over age 65
Notwithstanding any of the provisions of chapter 3 of Title 48 of the Revised Statutes or of any other law to the contrary, any citizen and resident of this State of the age of 65 or more years may be transported by any street railway, traction railway, autobus company, or railroad company at less than the usual and ordinary fare charged to one person, under such reasonable regulations as may be established by the carrier concerning the time period of any day or the day or days of the week during which such reduced fare may apply. Any such regulations may prescribe the method by which any such citizen and resident shall pay the aforesaid lesser fare; said method may prescribe the use of any reasonable form of age identification and may require the payment of a full fare with a procedure for rebating the difference in such fare to a qualifying citizen and resident at the general or other office or offices of the carrier.
L.1969, c. 275, s. 1, eff. Jan. 12, 1970.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-5 - Capitalizing franchises or contracts for consolidation

48:3-5. Capitalizing franchises or contracts for consolidation
No public utility shall:
a. Capitalize any franchise to be a corporation;
b. Capitalize any franchise in excess of the amount, exclusive of any tax or annual charge, actually paid to the state or any political subdivision thereof as the consideration of the franchise;
c. Capitalize any contract for consolidation, merger or lease; or
d. Issue any bonds or other evidence of indebtedness against or as a lien upon any contract for consolidation, merger or lease.
Nothing herein shall prevent the issuance of stock, bonds or other evidence of indebtedness, subject to the approval of the board, by any lawfully merged or consolidated public utilities not in contravention of this section.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-6 - Gratuities to public officials

48:3-6. Gratuities to public officials
No public utility shall give, grant or bestow upon any local, municipal or county official any discrimination, gratuity or free service.
Nothing herein shall prevent the entry into any public conveyance or in or upon the property of any public utility of any such official in the pursuit of his public duties in connection with the particular conveyance or property so entered by him, upon exhibiting his authority so to do.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.1 - Certain contracts between public utilities and corporations or persons owning or controlling utility stock; approval of board; disapproval

48:3-7.1. Certain contracts between public utilities and corporations or persons owning or controlling utility stock; approval of board; disapproval
No management, advisory service, construction or engineering contract that in itself or in connection with another contract relating to the same work, project, transaction or service involves the expenditure of a sum exceeding twenty-five thousand dollars, made by any public utility with any person or corporation owning, holding or controlling separately, or in affiliation with another person or corporation, five per cent or more of the capital stock of such public utility or with any corporation five per cent of the capital stock of which is owned, held or controlled by a person or corporation owning, holding or controlling separately, or in affiliation with another person or corporation, five per cent of the capital stock of such public utility shall be valid or effective until approved in writing by the board.
The board shall disapprove such contract if it determines that such contract violates the laws of this state or of the United States, or that the price or compensation thereby fixed exceeds the fair price or fair compensation for the property to be furnished or the work to be done or the services to be rendered thereunder or is contrary to the public interest: otherwise the board shall approve such contract.
No order shall be made by the board disapproving such a contract except after hearing upon notice.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.2 - Loans to corporations or persons owning or controlling public utility stock; approval of board required

48:3-7.2. Loans to corporations or persons owning or controlling public utility stock; approval of board required
Except with the approval in writing of the board first had and obtained, no public utility shall loan any of its money or property to any other person, firm, group, association, company, trust or corporation owning, holding or controlling separately or in affiliation with others, five per cent or more of the capital stock of any such public utility or to any corporation five per cent or more of the capital stock of which is owned, held or controlled by any person, firm, group, association, trust, or corporation owning, holding or controlling separately or in affiliation, five per cent or more of the capital stock of such public utility.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.3 - Investment of depreciation fund in certain securities; approval of board

48:3-7.3. Investment of depreciation fund in certain securities; approval of board
No public utility shall, without the approval in writing of the board first had and obtained, invest any part of its depreciation fund in obligations or securities of any kind, except obligations and securities that are legal investments for savings banks under the laws of this state, and except obligations and securities of the underlying or subsidiary public utility corporations of this state, of such public utility.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.5 - Disposition of certain depreciation fund investments; board may order

48:3-7.5. Disposition of certain depreciation fund investments; board may order
The board may after hearing upon notice order any public utility to dispose of any obligations or securities in which its depreciation fund is now, or may hereafter be, invested, except obligations and securities that are legal investments for savings banks under the laws of this state, and except obligations and securities of underlying or subsidiary public utility corporations of this state, of such public utility.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.6 - Balance of depreciation fund to be deposited within state

48:3-7.6. Balance of depreciation fund to be deposited within state
Every public utility shall deposit, and at all times keep deposited in its own name and to its own credit and in a banking or trust company located in this state, the balance of the depreciation fund of such public utility which is not invested in accordance herewith or expended in accordance with section 48:2-18 of this title. This provision shall apply to every depreciation fund whether accumulated before or after March twelfth, one thousand nine hundred and thirty-five.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.7 - Certain railroads exempt

48:3-7.7. Certain railroads exempt
The provisions of sections 48:3-7.3 to 48:3-7.6 of this title shall not apply to any public utility subject to the jurisdiction of the interstate commerce commission owning, operating, managing or controlling a steam railroad within this state.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.8 - Regulations applicable to public utilities.

48:3-7.8. Regulations applicable to public utilities.
48:3-7.8. a. Every public utility shall at all times keep within this State all records, books, accounts, documents and other writings relating to contracts entered into, transactions had, services rendered, business done and property within this State, and shall at no time remove any of such records, books, accounts, documents or writings from this State without the consent in writing of the board first had and obtained.
b. The board may by order in writing grant consent and permission under such regulations and conditions as it may see fit to impose for the keeping of any such records, books, accounts, documents and other writings outside of the State in such cases as the board may determine that such consent or permission so granted may be of financial advantage to the customers of the public utility within this State. Such consent or permission so granted may be revoked by the board at any time without notice. A public utility granted such consent or permission shall on the notice in writing of the board produce such records, books, accounts, documents and other writings at such time and place within this State as the board may designate.
c. A natural gas or electric vendor shall maintain an office within the State and shall keep such records pertaining to the sale as the board determines by order in writing to be necessary to protect the interest of consumers in the State.
d. A public utility as defined in R.S.48:2-13 shall not enter into a contract with a natural gas or electric vendor unless it first certifies to the board that the vendor is in compliance with subsection c. of this section and with R.S.48:3-7.9.
e. For the purpose of this section and R.S.48:3-7.9, "vendor" means and includes an individual, firm, joint venture, partnership, corporation, association, state, county, municipality, public agency or authority, cooperation association, or joint stock association, or any trustee, receiver, assignee, or personal representative thereof that is not a public utility as defined in R.S.48:2-13, but sells natural gas or electric power not for resale to a customer within this State.
Amended 1997, c.162, s.61.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.9 - Designation of agent.

48:3-7.9 Designation of agent.
48:3-7.9. Every public utility and every natural gas vendor and electric vendor subject to subsection c. of R.S.48:3-7.8, shall file with the board a designation in writing of an agent, resident of this State who shall have custody of such records, books, accounts, documents and other writings, and upon whom process for the production of the same may be served. Such designation shall set out the name of such agent, his place of residence within this State and his place of business. A public utility or vendor filing such designation may at any time revoke such designation, provided, that simultaneously with the revocation of such designation, a substituted designation be filed by it with the board.
Amended 1997, c.162, s.62.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.10 - Superior Court, chancery division, to enforce compliance

48:3-7.10. Superior Court, chancery division, to enforce compliance
Jurisdiction and power is hereby conferred upon the Superior Court, chancery division of this State, at the suit of the board, to enforce compliance with sections 48:3-7.8 and 48:3-7.9 of this Title through sequestration of, or the appointment of a receiver for, the property in this State of any public utility failing to comply with the same.
Amended by L.1962, c. 198, s. 37.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.11 - Service of process to produce records

48:3-7.11. Service of process to produce records
In case for any cause service of process to produce such records, books, accounts, documents or other writings cannot be effected upon a designated agent, service of such process may be made within this state upon any officer, agent or employee of such public utility having custody or control of the same, or access thereto.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.12 - Railroads and railway express exempt

48:3-7.12. Railroads and railway express exempt
The provisions of sections 48:3-7.8 to 48:3-7.11 of this Title shall not apply to any public utility subject to the jurisdiction of the interstate commerce commission operating, managing or controlling a railroad or railway express within this State.
Amended by L.1962, c. 198, s. 38.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-7.13 - Transportation of motor vehicles, trailers, etc.; unlawful agreements and charges; violation as misdemeanor

48:3-7.13. Transportation of motor vehicles, trailers, etc.; unlawful agreements and charges; violation as misdemeanor
Any part of any agreement, arrangement, or other device shall be unlawful, which as a condition to the transportation of a loaded or empty motor vehicle, trailer or container, requires or authorizes a carrier, shipper, consignee of freight or any person engaged in the transportation thereof to pay a levy, charge, allowance, assessment or compensation to any person, partnership, association, organization or corporation other than a carrier transporting, or the owner or lessee of, such motor vehicle, trailer or container, if such levy, charge, allowance, assessment or compensation is dependent or contingent upon the use of another mode of transportation for the movement of such motor vehicle, trailer or container.
Any person, partnership, association, organization or corporation who enters into any agreement, arrangement, or other device made unlawful by this section or who collects or receives any levy, charge, allowance, assessment or compensation under any provision of any agreement, arrangement, or other device made unlawful by this section shall be guilty of a misdemeanor.
L.1962, c. 246, s. 1, eff. Feb. 28, 1963.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-9 - Security transactions.

48:3-9 Security transactions.
48:3-9. a. Except as otherwise provided by subsection b. of this section, no public utility shall, unless it shall have first obtained authority from the board so to do:
(1) Issue any stocks, or any bonds, notes, or other evidence of indebtedness payable more than 12 months after the date or dates thereof, or extend or renew any bond, note, or any other evidence of indebtedness so that any extension or renewal thereof shall be payable later than 12 months after the date of the original instrument ; or
(2) Permit any demand note to remain unpaid for a period of more than 12 months after the date thereof.
The board shall approve any such proposed issue, with or without hearing at its discretion, when satisfied that such issue is to be made in accordance with law and the purpose thereof is approved by the board.
The provisions of this subsection shall not apply to any public utility operating, managing, or controlling a railroad or a railway express which is subject to the rules and regulations from time to time issued by the federal Surface Transportation Board or any successor agency.
The provisions of this subsection shall not apply to autobus public utilities under the jurisdiction of the Department of Transportation.
The provisions of this subsection shall not apply to any solid waste collector as defined in section 3 of P.L.1970, c.40 (C.48:13A-3).
The provisions of this subsection shall not apply to any privately-owned sanitary landfill facility as defined in section 3 of P.L.2003, c.169 (C.48:13A-7.26).
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 seeks to issue any stocks, bonds, notes, or other evidence of indebtedness payable more than 12 months after the date or dates thereof, or to extend or renew any bond, note, or other evidence of indebtedness so that any extension or renewal thereof shall be payable later than 12 months after the date of the original instrument, or to permit any demand note to remain unpaid for a period of more than 12 months after the date thereof, if the parent or affiliate corporation of the telecommunications company which seeks to engage in any of the aforementioned transactions does not itself provide regulated telecommunications services over a telecommunications network or telephone access line service, but does directly or through one or more affiliates own a controlling interest in a telecommunications network or does otherwise control or exercise responsibility for, through any arrangement, the management and operation of such a telecommunications network, or owns a controlling interest in a telecommunications company that provides regulated telecommunications service or telephone access line service.
Amended 1946, c.220, s.1; 1962, c.198, s.39; 1985, c.232, s.2; 1991, c.381, s.36; 2003, c.169, s.18; 2008, c.87, s.3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-11 - Article to govern granting of consents; "street" defined

48:3-11. Article to govern granting of consents; "street" defined
Where by law the consent of a municipality is required for the use of any street either above, below or on the surface thereof, such consent shall not be granted except as hereinafter in this article provided.
The word "street" as used in this article shall mean and include any street, avenue, park, parkway, highway or other public place.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-12 - Petition; contents

48:3-12. Petition; contents
No such consent shall be granted by a municipality until a petition shall have been filed with the clerk thereof by the person desiring the same.
The petition shall specify the period for which the consent is asked, and the uses in detail for which the street is desired, and whether above, below or on the surface thereof. In the case of street railway or traction companies, the petition shall further specify the character of the road proposed to be constructed, operated and maintained, the motive power to be used thereon and the streets through which the same shall extend.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-13 - Notice; publication

48:3-13. Notice; publication
The petition shall not be considered by the board or body of such municipality authorized to grant consent until public notice shall be given by publication once a week for at least two weeks in one or more newspapers published and circulated in the municipality, or if there be no such newspaper, in a newspaper published in the county in which the municipality is located, to be designated by such board or body, and by posting the notice in five of the most public places in the municipality for at least fourteen days before the meeting of the board or body at which the application shall be considered.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-14 - Notice; contents

48:3-14. Notice; contents
The notice shall specify the name of the person or corporation presenting the petition, the date and hour when the same will be considered by the board or body of such municipality authorized to grant consent, the date of filing the same, the character of the use to which the street is to be put, and the time for which permission or consent is sought. In the case of street railway or traction companies, the notice shall further specify the character of the road proposed to be constructed, operated and maintained, the motive power to be used thereon and the street in the municipality through which the same shall extend.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-15 - Grant by ordinance; fifty-year limit

48:3-15. Grant by ordinance; fifty-year limit
Upon the date fixed by the notice, or upon such subsequent date as the hearing of the petition may be adjourned, the board or body of such municipality authorized to grant consent may, by ordinance and not otherwise, grant for a period not exceeding fifty years, the right to use the street petitioned for.
The ordinance shall not be acted upon by such board or body at the meeting at which the same is introduced but shall be laid over for not less than fourteen days and not passed until a subsequent regular meeting of the board or body or an adjourned meeting thereof.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-16 - Acceptance of ordinance granting consent to be filed

48:3-16. Acceptance of ordinance granting consent to be filed
The consent granted by the ordinance shall not become effective unless an acceptance in writing of the ordinance shall be filed by the person applying for consent with the clerk or other equivalent officer of the board or body of the municipality granting the consent, within thirty days after receiving notice of the passage of the ordinance.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17 - Construction; exceptions

48:3-17. Construction; exceptions
The provisions of this article are in addition to other conditions imposed by law.
This article shall not apply to any railroad company, or to the giving of consent by one municipality for the use of any of its streets, either above, below or on the surface thereof, to another municipality for the laying therein of municipal water mains, upon obtaining such consent in the manner provided by law.
This article shall not apply to any consent which is subject to approval by the Board of Public Utility Commissioners pursuant to this Title.
Amended by L.1947, c. 199, p. 857, s. 1, eff. May 27, 1947.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17.1 - Presumption from occupancy; action for removal of poles barred in 10 years

48:3-17.1. Presumption from occupancy; action for removal of poles barred in 10 years
Whenever a public utility corporation subject to regulation by the Board of Public Utility Commissioners of this State has occupied a public highway, street or other public place in this State by the placing of a pole or poles in, on or along any such public highway, street or other public place for the purpose of supplying and distributing electricity for light, heat or power, or for furnishing telegraph or telephone service, and the use and occupancy, as aforesaid, by such public utility corporation has continued at substantially the same location or locations for a period of ten years, then and in that case, such occupancy shall be presumed to be with the consent in writing of the owner of the soil upon which such pole or poles have been placed, and no suit, action or proceeding shall lie in any court of this State for the removal of any pole or poles so placed and used, unless the same shall be instituted within ten years from the time of the original occupation, as aforesaid, of said public highway, street or other public place.
L.1945, c. 231, p. 747, s. 1, eff. April 25, 1945.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17.2 - Definitions

48:3-17.2. Definitions
As used herein:
(a) "public utility" means any public utility defined in 48:2-13;
(b) "right of way" means the area devoted to passing over, on, through or under lands with utility plant facilities as part of a way for such purpose;
(c) "easement" or "easement rights" means privileges essential or appurtenant to the enjoyment of a right of way; and
(d) "street" means any highway, road, street, alley, lane or place dedicated to public use whether or not accepted and whether or not subsequently vacated and includes the sidewalk area and other areas between the sidelines thereof.
L.1957, c. 130, p. 510, s. 1. Amended by L.1962, c. 198, s. 40.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17.3 - Recording of grants; effect as constructive notice

48:3-17.3. Recording of grants; effect as constructive notice
The recording of any grant of easement or right of way to any public utility, and any corporation operating pipeline facilities within or through the State shall not constitute constructive notice thereof beyond 1 year from the date of such grant unless
(a) the principal facilities to be constructed on such right of way are to be located within the limits of any street, or
(b) such grant contains a particular description of the location of the right of way so granted, or
(c) there is attached to and recorded with such grant a map, plat or sketch showing the location thereof with sufficient reference to boundaries or monuments of record to permit the location to be established by survey, or
(d) prior to the expiration of such 1-year period, there is separately filed or recorded with the county recording officer with whom such grant was originally lodged for recording a map, plat or sketch complying with the provisions of clause (c); provided, however, the provisions of chapter 358 of the laws of 1953 shall not apply to any map, plat or sketch required to be filed or recorded under the provisions of this act.
L.1957, c. 130, p. 510, s. 2, eff. Jan. 1, 1958.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17.3a - Notice of development applications

48:3-17.3a. Notice of development applications
6. Within 30 days after the effective date of this act, the Board of Regulatory Commissioners shall notify the corporate secretary of every public utility regulated by the board that, in order to receive notice by an applicant pursuant to subsection h. of section 7.1 of P.L.1975, c.291 (C.40:55D-12), the public utility shall register with any municipality in which the utility has a right-of-way or easement.
L.1991,c.412,s.6.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17.4 - Effect of act on previously granted easement rights

48:3-17.4. Effect of act on previously granted easement rights
Nothing herein contained shall limit or modify the exercise by any public utility as herein defined, or by any corporation operating pipeline facilities within or through the State, of any easement rights heretofore granted to it.
L.1957, c. 130, p. 511, s. 3, eff. Jan. 1, 1958.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17.6 - Authority to take property

48:3-17.6. Authority to take property
Any of the following types of public utilities now or hereafter organized and existing under and by virtue of any law of this State: electric light, heat and power; canal; gas; pipeline; railroad; underground railroad; sewerage; solid waste disposal as defined in section 3 of P.L.1970, c. 40 (C. 48:13A-3); water power; street railway or traction; telegraph or telephone; or water, in addition to and not in substitution of whatever other right, power and authority it may have and possess, may, subject to the restrictions as provided hereinafter, take or acquire under the provisions of P.L.1971, c. 361 (C. 20:3-1 et seq.), such property or other interest therein which may be reasonably necessary for the purposes enumerated for each such utility in the succeeding sections hereto. In the case of solid waste disposal facilities, the condemnation proceeding may not commence unless the Department of Environmental Protection finds, pursuant to the provisions of section 17 of P.L.1975, c. 326 (C. 13:1E-26) that the site to be taken is a suitable site for a solid waste disposal facility, and that it will not pose an undue risk to the environment or public health.
L.1962, c. 198, s. 48. Amended by L.1984, c. 214, s. 1, eff. Dec. 17, 1984.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17.7 - Necessity; application; notice and hearing; rules and regulations

48:3-17.7. Necessity; application; notice and hearing; rules and regulations
The power of condemnation shall not be used or enforced by any such public utility unless the necessary land or other property or any interest therein as stated in this chapter, cannot be acquired from the owner by reason of disagreement as to the price or legal incapacity or absence of the owner, or inability to convey a valid title, or because the names or addresses of the owner or owners may be unknown, or for any other reason. Except where a governmental agency having jurisdiction has granted the utility the permission to take or acquire property or any interests for the utility's purposes the power of condemnation shall not be used or enforced by any public utility until and unless such utility shall have applied to the Board of Public Utility Commissioners upon the petition of such utility and the board, after due notice, including notice to the owner or owners of the land or other property or interest therein to be condemned, and to any other parties having an interest of record therein, if known and resident of this State, and if unknown or not resident of this State, then by such publication as the board shall prescribe, and public hearing, shall have found that the land or other property or interest therein desired is reasonably necessary for the service, accommodation, convenience or safety of the public, and that the taking of such land or other property or interest therein is not incompatible with the public interest and would not unduly injure the owners of private property. The board is hereby authorized and empowered to determine the necessity as aforesaid for the use of the land or other property or interest therein so sought to be condemned and to make and establish such reasonable rules and regulations governing the form and method of such application and the time and manner of the notice of such public hearing as it may deem proper, and the board shall have full power and authority to enforce the provisions of this section.
L.1962, c. 198, s. 49.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17.9 - Definitions

48:3-17.9. Definitions
As used herein:
(a) "Public utility" means any public utility defined in 48:2-13;
(b) "Right-of-way" means the area devoted to passing over, on, through or under lands with utility plant facilities as part of a way for such purpose;
(c) "Easement" means privileges essential or appurtenant to the enjoyment of a right-of-way; and
(d) "Emergency" means any time a public utility service is interrupted or in immediate danger of being interrupted by the elements or by any other cause or when the condition of the equipment of the public utility is in need of immediate repair to prevent injury to persons, or damage to property.
L.1969, c. 182, s. 1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17.10 - Notice to landowner before entry

48:3-17.10. Notice to landowner before entry
It shall be unlawful for any public utility to enter upon any lands in which it has acquired an easement or right-of-way, for the purpose of erecting, installing, moving, removing, altering or maintaining any structures or fixtures thereon, other than structures or fixtures owned by the public utility, or for the purpose of maintaining such easement or right-of-way by clearing, moving, cutting or destroying any trees, shrubs, plants or other growth thereon, unless and until not less than 5 days' notice of such entry shall be given to the owner of the lands subject to such easement or right-of-way personally or by certified or registered mail addressed to the owner at his address as shown by the assessment records of the municipality in which the land is situate, but nothing herein shall prohibit entry without notice in any case
(a) Of an emergency, or
(b) Where such notice is waived by the owner, or
(c) Where the easement or right-of-way contains an express provision permitting entry without notice or upon notice of a lesser period of time, which is complied with, or
(d) Where the owner consents to the entry of the public utility for such purposes, or
(e) Where the structure, fixture, tree, shrub, plant or other growth, or portion thereof, to be dealt with as aforesaid, is located over, on, through or under any public street, road, highway or other public thoroughfare.
L.1969, c. 182, s. 2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17.11 - Definitions relative to public utility infrastructure projects.

48:3-17.11 Definitions relative to public utility infrastructure projects.
1. As used in P.L.2021, c.263 (C.48:3-17.11 et seq.):
"Board" means the Board of Public Utilities or any successor agency.
"Emergency" means any circumstance when local utility or public utility service is interrupted or in immediate danger of being interrupted by natural causes or by any other cause or when the condition of the equipment of the local utility or public utility is in need of immediate repair to prevent injury to persons or damage to property.
"Local infrastructure project" means a project performed by a local unit or a local utility to improve a public road, street, or bridge under the jurisdiction of a local unit or local utility facilities or any work conducted in a public utility right-of-way.
"Local unit" shall have the same meaning as provided in N.J.S.40A:1-1.
"Local utility" means a sewerage authority created pursuant to the "sewerage authorities law," P.L.1946, c.138 (C.40:14A-1 et seq.), a utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.), an entity created pursuant to the "Municipal Shared Services Energy Authority Act," P.L.2015, c.129 (C.40A:66-1 et al.), or a utility of a local unit, authority, commission, special district, or other corporate entity not regulated by the Board of Public Utilities under Title 48 of the Revised Statutes that provides gas, electricity, heat, power, water, or sewer service to a municipality or the residents thereof.
"Public utility" shall have the same meaning as provided in R.S.48:2-13.
"Public utility infrastructure project" means the construction, reconstruction, installation, demolition, restoration, or alteration of facilities under ownership or control of the public utility that requires approval by the board, but shall not include traffic control, leak surveying, snow plowing, vegetation management in or around public utility rights-of-way, mark outs, landscaping, meter work, equipment repairs , or other work occurring during an emergency.
L.2021, c.263, s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-17.12 - Notification of infrastructure project plan to local unit, local utility service area; examination of underground utility facility.

48:3-17.12 Notification of infrastructure project plan to local unit, local utility service area; examination of underground utility facility.
2. a. A public utility shall notify a local unit and local utility of any public utility infrastructure project that the public utility plans to undertake within the borders of that local unit and local utility service area at least 180 days prior to initiating work on the public utility infrastructure project. The notice shall include a summary of the purpose and scope of the public utility infrastructure project, a public utility infrastructure project schedule, and a map of the public utility infrastructure project location.
b. Notwithstanding the notification requirements of subsection a. of section 3 of P.L.2021, c.263 (C.48:3-17.13), within 60 days of the receipt of the notice required pursuant to subsection a. of this section, a local unit and local utility shall examine any underground utility facility owned or operated by the local unit or local utility to the extent feasible and notify the public utility whether such underground utility facility needs repair or replacement and if the local unit or local utility intends to undertake a local infrastructure project within the scope of the public utility infrastructure project. The local unit, local utility, and public utility shall coordinate to provide timely notification of any changes to their respective project plans or schedule and, when feasible, to jointly establish a timeframe for scheduled work.
L.2021, c.263, s.2.