reglab/statecodes huggingface dataset:
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 11 - SUCCESSOR SOLAR INCENTIVE PROGRAM › Section 14:8-11.5 - Successor Solar Incentive Program registration process

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The SuSI Program registration process
				shall be developed by Board staff and the SuSI Program registration manager in
				compliance with Board rules and orders. All forms and instructions regarding
				the SuSI Program registration process shall be found on the Board's New Jersey
				Clean Energy Program website at
www.njcleanenergy.com
.
(b) For any facility seeking eligibility for
				the SuSI Program, the registrant shall submit a complete registration package
				to the Board, or its designee, in accordance with Board rules and orders and
				the instructions posted on the NJ Clean Energy Program website.
(c) The Board may require the registration
				package to be accompanied by a registration fee, the value of which shall be
				determined by the Board through a Board Order, and available on the Board's
				website.
(d) The registrant shall
				meet minimum facility maturity standards according to the ADI or CSI Program
				conditions and provide all required documentation as part of its initial
				registration package.
1. For the ADI Program,
				the registrant shall supply the following, and any other information the Board,
				or its designee, may deem necessary to confirm eligibility for the program:
i. A contract between the primary installer
				or the third-party owner, as applicable, and the customer of record;
ii. For facilities sized 100 kW or greater, a
				site plan certified by a licensed professional engineer, or for smaller
				facilities, a site map;
iii. A
				disclosure statement signed by the customer, the installer, and the third-party
				SREC-II owner, if applicable, available on the New Jersey Clean Energy Program
				website;
iv. For net metered
				facilities, a utility bill showing the site host's name, address, and electric
				tariff, if applicable;
v. For
				facilities sized 25 kW or greater, electrical and building permits or
				documentation that applications for electrical and building permits have been
				submitted to the relevant municipality;
vi. For net metered facilities sized 25 kW or
				greater, up to one MW, evidence of having submitted to the relevant EDC an
				Attachment A to an Interconnection Application and Agreement signed by the
				customer-generator and the installer;
vii. For net metered facilities sized one MW
				or greater, written authorization from the EDC providing conditional approval
				to construct and a Milestone Reporting Form;
viii. For public entities seeking eligibility
				for the ADI public entity adder, if such an adder is established by the Board
				pursuant to
				N.J.A.C.
				14:8-11.6(g), a letter on
				official stationery of the public agency under signature of a bona fide
				officer, elected official, or employee of the public entity attesting to the
				status of the public entity.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 11 - SUCCESSOR SOLAR INCENTIVE PROGRAM › Section 14:8-11.7 - Market segment megawatt blocks for the ADI Program

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall set, through a Board
				order, an annual budget allocation for each of the market segments described at
				(b) below. The annual budget allocations shall ensure that total program
				spending remains in accordance with the cost cap established pursuant to
				P.L.
				2018, c. 17, codified
				at N.J.S.A.
				48:3-87(d)(2), and promote
				project diversity after considering the historic market share of each market
				segment. The Board may set annual budget allocations that are aggregated for
				multiple market segments.
(b) The
				Board shall allocate megawatt blocks to the following initial market segments
				in the ADI Program:
1. Net Metered
				Residential (all sizes);
2. Net
				Metered Non-Residential smaller than one MW, located on a rooftop, carport,
				canopy, or floating solar;
3. Net
				Metered Non-Residential one MW to five MW, located on a rooftop, carport,
				canopy, or floating solar;
4. Net
				Metered Non-Residential smaller than one MW, all ground mounted
				facilities;
5. Net Metered
				Non-Residential one MW to five MW, all ground mounted facilities;
6. LMI Community Solar, as defined in the
				Community Solar Energy Pilot Program or Community Solar Energy Program, as
				relevant;
7. Non-LMI Community
				Solar, as defined in the Community Solar Energy Pilot Program or Community
				Solar Energy Program, as relevant; and
8. On an interim basis, contaminated sites,
				which is a market segment open only to facilities previously eligible for
				conditional certification pursuant to
				N.J.S.A.
				48:3-87(t).
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 11 - SUCCESSOR SOLAR INCENTIVE PROGRAM › Section 14:8-11.8 - Mechanism for creation of NJ SREC-IIs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) NJ SREC-IIs shall be created based upon
				metered generation supplied to GATS by the owners of eligible facilities or
				their agents. Each SuSI-eligible facility must have been issued a New Jersey
				State Certification Number pursuant to N.J.A.C. 14:8-11.5(g), be registered in
				GATS, and all SuSI-eligible generation must be transferred to the NJ SREC-II
				Administrator through an irrevocable standing order, pursuant to (b)
				below.
(b) Irrevocable standing
				orders shall be treated as follows:
1. An
				irrevocable standing order, defined in the GATS Operating Rule as "A
				reoccurring automatic transfer of certificates for a given generating unit from
				the account holder's active subaccount to the active subaccount held by
				different account holders," shall be created in GATS for each SuSI-eligible
				facility. The irrevocable standing order will cause the automatic transfer of
				NJ SREC-IIs created by an eligible solar facility to a GATS account jointly
				held by the four EDCs (the EDC Joint GATS Account).
i. The irrevocable standing order, upon
				execution, shall require for that generator that, following the creation of the
				irrevocable standing order, 100 percent of the certificates created from each
				meter reading be automatically transferred to the EDC Joint GATS
				Account.
ii. An irrevocable
				standing order is not activated until the transferor confirms, and the NJ
				SREC-II Administrator accepts, the irrevocable standing order
				transfer.
iii. Prior to the
				execution of the irrevocable standing order, NJ SREC-IIs may be transferred
				manually from the account of a SuSI-eligible facility to the EDC Joint GATS
				Account. Following a grace period of one month subsequent to the establishment
				of a GATS Account for a SuSI-eligible facility, the NJ SREC-II Administrator
				may cease accepting manual NJ SREC-II transfers from a SuSI-eligible facility
				pending the execution of an irrevocable standing order.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 11 - SUCCESSOR SOLAR INCENTIVE PROGRAM › Section 14:8-11.9 - Prevailing wage requirement

Current through Register Vol. 56, No. 14, July 15, 2024
NJ SREC-IIs are deemed Board of Public Utilities financial
				  assistance subject to prevailing wage rates pursuant to
				  section
				  1 of
				  P.L.
				  2009, c. 89
				  (N.J.S.A.
				  48:2-29.47) for all SuSI-eligible facilities
				  sized one MWdc or greater.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 11 - SUCCESSOR SOLAR INCENTIVE PROGRAM › Section 14:8-11.10 - Competitive solar incentive solicitation design

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board shall conduct one CSI
				solicitation per year. The timing of the solicitation shall be subject to
				review and revision at the discretion of the Board.
(b) The Board shall allocate megawatt blocks
				for targeted procurement capacity to the following market tranches for solar
				projects in the CSI Program:
1. Tranche 1:
				Basic Grid Supply--grid supply projects that do not qualify for Tranche 2 or 3
				and are connected to the distribution or transmission system owned or operated
				by a New Jersey public utility or local government unit.
2. Tranche 2: Grid Supply on the Built
				Environment--grid supply projects for which all solar panels are installed on
				rooftops, raised carports over parking lots or decks, or similar installations
				on the built environment, and are connected to the distribution or transmission
				system owned or operated by a New Jersey public utility or local government
				unit.
3. Tranche 3: Grid Supply on
				Contaminated Sites and Landfills--grid supply projects for which the solar
				panels are fully installed on contaminated sites or landfills, where the
				associated disturbed areas constitute a maximum of 10 percent of the total area
				dedicated to solar development. Projects proposed on land in agricultural use
				are excluded from participation in Tranche 3.
4. Tranche 4: Net Metered Non-Residential
				Projects Above Five Megawatts--these net metered projects must meet the
				requirements of their New Jersey utility to qualify as net metered projects
				serving non-residential customers.
5. Tranche 5: Storage Paired with Grid Supply
				Solar--a storage facility that is planned to be located contiguous to, and to
				be electrically connected to, associated solar facilities: grid supply solar
				bidding into Tranche 1, 2, or 3.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 12 - SITING RULES FOR GRID SUPPLY AND LARGE NET METERED SOLAR FACILITIES › Section 14:8-12.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				sets forth the criteria for siting of grid supply solar facilities connected to
				the distribution or transmission system operated by a New Jersey electric
				distribution company and net metered solar facilities over five megawatts, as
				measured in direct current (MWdc). Collectively, projects subject to this
				section's siting requirements are referred to as "Competitive Solar
				Incentive-Eligible Facilities" or "CSI-eligible facilities."
(b) All CSI-eligible facilities must register
				with the Board and are subject to the provisions of this section, regardless of
				whether the facility participates in the Competitive Solar Incentive (CSI)
				Program, another incentive program, or whether the CSI-eligible facility
				foregoes solar incentives.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 12 - SITING RULES FOR GRID SUPPLY AND LARGE NET METERED SOLAR FACILITIES › Section 14:8-12.3 - Siting prohibitions

Current through Register Vol. 56, No. 14, July 15, 2024
(a)
				CSI-eligible facilities are prohibited from locating on the following land
				types (collectively "prohibited land uses"), unless they receive a waiver
				pursuant to
				N.J.A.C.
				14:8-12.6:
1. Land preserved pursuant to the Green Acres
				Program, as defined at N.J.A.C. 7:36;
2. Land located within the preservation area
				of the Pinelands area, as designated in subsection b. of section 10 at
				P.L.
				1979, c. 111 (N.J.S.A.
				13:18A-11);
3. Land designated as forest area in the
				Pinelands Comprehensive Management Plan adopted pursuant to
				P.L.
				1979, c. 111 (N.J.S.A.
				13:18A-1 et seq.);
4. Land designated as freshwater wetlands, as
				defined pursuant to P.L.
				1987, c. 156 (N.J.S.A.
				13:9B-1 et seq.), or coastal wetlands, as
				defined pursuant to P.L.
				1970, c. 272 (N.J.S.A.
				13:9A-1 et seq.);
5. Lands located within the Highlands
				preservation area, as designated in subsection b. of section 7 at
				P.L.
				2004, c. 120 (N.J.S.A.
				13:20-7b);
6. Forested land and associated transition
				zones; and
7. Covered agricultural
				lands in excess of the Statewide threshold of 2.5 percent of such soils, as set
				forth at N.J.A.C. 14:8-12.4.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 12 - SITING RULES FOR GRID SUPPLY AND LARGE NET METERED SOLAR FACILITIES › Section 14:8-12.5 - Calculating the Statewide limit and county thresholds for solar development on prime agricultural soils and soils of Statewide importance located within agricultural development areas in New Jersey

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The Board will utilize the United States
				Department of Agriculture Natural Resource Conservation Service data, as
				reflected in the Soil Survey Geographic Database/SSURGO, to perform the
				calculations set forth in this section.
(b) The Committee shall provide the
				aggregated GIS data layer identifying ADAs, as delineated by the county
				agriculture development boards and certified by the Committee.
(c) The Board will perform a spatial analysis
				using GIS to determine:
1. The total acreage
				of land within ADAs at both the State and county level;
2. The total acreage of land containing prime
				agricultural soils or soils of Statewide importance, as identified by the
				United States Department of Agriculture's Natural Resources Conservation
				Service; and
3. Land classified as
				"agriculture" in Level 1 of the Modified Anderson classification system within
				the most recent Land Use/Land Cover GIS data layer produced by the
				NJDEP.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 12 - SITING RULES FOR GRID SUPPLY AND LARGE NET METERED SOLAR FACILITIES › Section 14:8-12.6 - Waiver provisions for siting on prohibited land uses

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any entity seeking to locate a
				CSI-eligible facility on non-agricultural prohibited land uses or seeking a
				waiver of N.J.A.C. 14:8-12.4(a)
				 may file a petition with the Board seeking
				to waive the prohibition for good cause shown. The Board, or its designee,
				shall make a positive finding with regard to any such petition only upon:
1. Consulting with other State agencies, as
				appropriate;
2. Determining that
				the petitioner has documented sufficient facts and circumstances establishing
				the public's specific interest in siting the CSI-eligible facility on or within
				a specific prohibited land use; and
3. Finding that the waiver is in the public
				interest.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 8 - RENEWABLE ENERGY AND ENERGY EFFICIENCY › Subchapter 12 - SITING RULES FOR GRID SUPPLY AND LARGE NET METERED SOLAR FACILITIES › Section 14:8-12.7 - Permission to operate a competitive solar incentive-eligible (CSI-eligible) facility

Current through Register Vol. 56, No. 14, July 15, 2024
(a) All
				CSI-eligible facilities shall register their proposed solar projects with the
				Board and be subject to the milestone and project maturity requirements of the
				CSI Program pursuant to
				N.J.A.C.
				14:8-11.5. Registration shall be required
				whether the owner or operator of a proposed solar project chooses to seek an
				incentive in the Competitive Solar Incentive Program, in any incentive program,
				or whether the CSI-eligible facility foregoes a solar program
				incentive.
(b) All CSI-eligible
				facilities will be subject to project maturity requirements and milestone
				reporting, pursuant to
				N.J.A.C.
				14:8-11.5. Projects not seeking an incentive
				through the CSI Program shall be subject to the same milestone and project
				maturity requirements as projects participating in the CSI Program. Conditional
				registrations of CSI-participating projects and projects not seeking an
				incentive shall be treated equally.
(c) Prior to providing permission to operate
				to a CSI-eligible facility, an electric distribution company shall verify that
				the project has received a notice of conditional registration with the
				Board.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 14:9-1.1 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This chapter
				shall apply to any water utility or wastewater utility, as defined at
				14:9-1.2, which constructs,
				operates, and/or maintains plant and/or service connections for providing water
				and/or wastewater service.
(b) In
				addition to complying with this chapter, each water and/or wastewater utility
				described at (a) above shall also comply with the applicable provisions of the
				Board's rules for all utilities at N.J.A.C. 14:3.
(c) A utility may obtain a waiver of one or
				more requirements of this chapter in accordance with
				14:1-1.2(b).
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 1 - GENERAL PROVISIONS AND DEFINITIONS › Section 14:9-1.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
For the purposes of this chapter, the following words and
				  terms shall have the following meanings, unless the context clearly indicates
				  otherwise. Additional definitions that apply to this chapter can be found at
				  14:3-1.1.
"Board" means the New Jersey Board of Public
				  Utilities.
"NJDEP" means the New Jersey Department of Environmental
				  Protection.
"Wastewater treatment service" means the processing of
				  wastewater and includes any activity related to such processing, including
				  transport, handling, and delivery of wastewater, and other similar
				  activities.
"Wastewater utility" means an investor owned public utility,
				  as defined at
				  48:2-13, that provides wastewater
				  treatment service, or a municipal public utility that provides wastewater
				  treatment service to more than 1,000 billed customers in another
				  municipality.
"Water purveyor" means a public water utility or municipal
				  water utility which delivers water, subject to the terms of a bulk contract, to
				  customers.
"Water utility" means:
1. An investor-owned public utility that provides water
				  service; or
2. A municipal public utility that meets both of the
				  following criteria:
i. The utility provides water service to more than 1,000
				  billed customers in another municipality; and
ii. The utility charges a different rate to customers inside
				  the municipality than it charges customers outside of the municipality.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 2 - PLANT › Section 14:9-2.1 - Plant construction

Current through Register Vol. 56, No. 14, July 15, 2024
All water and wastewater utilities shall ensure that the
				  construction and installation of their plants and facilities comply with
				  14:3-2.1, Plant construction, and
				  in addition, complies with the applicable provisions of Water Meters:
				  Selection, Installation, Testing, and Maintenance (M6), 1999 Edition, published
				  by the American Water Works Association, which is incorporated herein by
				  reference, as amended and supplemented, and/or complies with all applicable
				  standards governing construction and installation of plant and facilities found
				  in publications of the American Water Works Association, including all
				  supplements and amendments, and is available at
http://www.awwa.org
.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 2 - PLANT › Section 14:9-2.2 - Inspection of property

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each water and
				wastewater utility shall inspect each valve in the utility's system in
				accordance with the schedule in (b) below, to determine how easy or difficult
				it is to reach the valve to operate it, and the valve's operating
				condition.
(b) Each water or
				wastewater utility shall inspect each valve that is 12 or more inches in
				diameter at least once every two years, and shall inspect all other valves at
				least once every four years.
(c) At
				a minimum, each valve inspection shall include:
1. The clearing of the area around the valve
				so as to ensure full access to the valve for operating purposes;
2. The cleaning out of the valve;
				and
3. The dynamic testing of the
				valve, by opening and then closing the valve for either of the following number
				of turns:
i. That number of turns recommended
				by the valve manufacturer to constitute a credible test; or
ii. That number of turns which constitutes 15
				percent of the total number of turns necessary to completely open or completely
				close the valve.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 3 - QUALITY OF SERVICE › Section 14:9-3.1 - Pressure and volume of water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each water
				utility shall ensure that it provides water at adequate pressure and volume.
				For the purposes of this section, the pressure and volume of water shall be
				measured at the curb of the property being served, or if there is no curb, at
				the point of connection with the customer's service line.
(b) Each water utility shall maintain
				sufficient pressure and volume of water at all fire hydrants to assure adequate
				streams for the fighting of fires.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 3 - QUALITY OF SERVICE › Section 14:9-3.2 - Quality of water

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each water
				utility shall furnish water that is free of excess impurities and sedimentation
				and shall make every effort to assure that its product is potable and
				uncolored, in accordance with the requirements in the New Jersey Safe Drinking
				Water Regulations, N.J.A.C. 7:10. Noncompliance with this requirement shall
				constitute failure to provide safe, adequate and proper service.
(b) If a water utility provides water that
				does not comply with all applicable Federal and State laws, rules, standards,
				and guidelines, the water utility shall so notify the Board within 48
				hours.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 3 - QUALITY OF SERVICE › Section 14:9-3.3 - Wastewater service

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each wastewater
				utility shall provide wastewater treatment service in such a manner as to
				prevent escape of offensive odors, the overflow of effluent, and the discharge
				of any untreated sewage, in accordance with NJDEP requirements at N.J.A.C.
				7:10A and 7:14A. Noncompliance with this requirement shall constitute a failure
				to provide safe, adequate, and proper service.
(b) Each wastewater utility shall operate its
				facilities in such a manner as to eliminate possible danger to public health
				and welfare.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 4 - METERS › Section 14:9-4.1 - Water meter testing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each water
				utility shall ensure that all of the meters in use in its system are tested for
				accuracy in accordance with this section.
(b) A water utility shall ensure that each
				meter is tested after a certain number of years in use, or after a certain
				number of gallons measured, whichever comes first, according to the schedule in
				Table A below:
TABLE A
Frequency for water utility testing
						  of water meters
Meter Size
Whichever Comes First:
5/8 inch
10 years or 750,000 gallons
3/4 inch
Eight years or 1,000,000 gallons
One inch
Six years or 2,000,000 gallons
Greater than one inch
Four years - no gallon
						  limit
(c)
				A water meter shall be tested, with water flowing at both intermediate and full
				flow capacities, as set forth in Water Meters: Selection, Installation,
				Testing, and Maintenance (M6), which is published by the American Water Works
				Association, which is incorporated herein by reference, as amended and
				supplemented, and may be found at
http://www.awwa.org
.
(d) A water meter shall be considered
				accurate if it shows an error no greater than one and one half percent, when
				tested in accordance with this section.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 4 - METERS › Section 14:9-4.2 - Water meter testing equipment

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each water
				utility that has more than 100 meters in use shall ensure that it has access to
				facilities that are adequate for testing all of its water meters as required by
				14:3-4.4.
(b) Water utilities may cooperate with other
				water utilities in arranging for access to meter testing facilities.
(c) No equipment shall be used in testing
				water meters unless it complies with
				14:3-4.4.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 5 - PRESERVATION OF RECORDS › Section 14:9-5.1 - Adoption by reference of rules concerning preservation of records

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Each water and
				wastewater utility shall keep records as required by the National Association
				of Regulatory Utility Commissioners' (NARUC) 2007 "Regulations to Govern the
				Preservation of Records of Electric, Gas and Water Utilities," incorporated
				herein by reference, as amended or supplemented, and available from the
				National Association of Regulatory Utility Commissioners, 1101 Vermont Avenue
				NW, Washington, D.C. 20005, or at
http://www.naruc.org
.
(b) If the Board issues an order providing
				for a longer or shorter retention period for specific records, the order shall
				supersede the NARUC regulations.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.1 - Purpose

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter implements the provisions of
				  58:11-59 et seq., commonly known
				  as the "Small Water Company and Small Sewer Company Takeover Act." This
				  subchapter establishes procedures by which a small water company or small sewer
				  company that does not comply with applicable statutory and regulatory standards
				  concerning the availability and quality of potable water or the discharge of
				  treated sewage to the State's waters may be acquired or "taken over" by a
				  public or private entity pursuant to a joint order issued by the New Jersey
				  Department of Environmental Protection and the New Jersey Board of Public
				  Utilities.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.3 - Construction

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				shall be liberally construed to permit the Department and the Board to
				discharge their statutory functions.
(b) The Department and the Board may jointly
				amend, repeal, or rescind this subchapter from time to time in conformance with
				the Administrative Procedure Act,
				52:14B-1 et seq., and any rules
				promulgated pursuant thereto.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.4 - Applicability

Current through Register Vol. 56, No. 14, July 15, 2024
This subchapter shall apply to all small water companies and
				  small sewer companies, as those terms are defined at
				  14:9-6.2, in New Jersey.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.5 - Severability

Current through Register Vol. 56, No. 14, July 15, 2024
If any section, subsection, provision, clause or portion of
				  these regulations is adjudged unconstitutional or invalid by a court of
				  competent jurisdiction, the remainder of this subchapter shall not be affected
				  thereby.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.6 - Scope

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any small water
				company or smaller sewer company, determined by the Department to have
				committed an actionable violation, as defined at
				14:9-6.2, shall be subject to this
				subchapter.
(b) For the purposes of
				this subchapter, the Department staff, after consultation with Board staff,
				shall determine options for improvements to correct actionable
				violations.
(c) For the purposes of
				this subchapter, Board staff, after consultation with Department staff, shall
				determine improvement costs, acquisition costs, and the distribution of costs
				through the takeover procedures set forth in this subchapter.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.7 - Departmental and Board actions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Prior to the
				implementation of procedures under the Act, the Department shall actively
				pursue appropriate and available enforcement options to cause a small water
				company or small sewer company to cease all actionable violations, including,
				but not limited to:
1. Issuance of notices of
				violation;
2. Issuance of
				administrative orders;
3. Direct
				negotiation;
4. Appropriate legal
				proceedings; or
5. All other
				enforcement options deemed reasonable and appropriate by the Department
				consistent with its statutory mandate.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.8 - Joint public hearing

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Designated
				hearing officers from the Department and the Board, or an Administrative Law
				Judge, shall conduct a non-adversarial joint public hearing in the area of the
				non-complying small water company or small sewer company, preferably in the
				evening, after providing notice pursuant to (b) below.
(b) Notice of the time, place and subject
				matter of the joint public hearing shall be given at least 30 days prior to the
				scheduled hearing date by the Department and Board staff as follows:
1. Publication of a display advertisement in
				a newspaper circulating within the proximate area of the small water company or
				small sewer company for a minimum of one day per week for two weeks prior to
				the scheduled date of the joint public hearing;
2. Issuance of press releases and utilization
				of other appropriate methods of notice;
3. Written notice by certified or registered
				mail sent to the following:
i. The
				non-complying small water company or small sewer company, and, if known, the
				company's owner or operator;
ii.
				Rate Counsel;
iii. Capable
				proximate private water companies or sewer companies; and
iv. Capable proximate municipal utilities
				authorities established pursuant to
				40:14B-1 et seq., and doing
				business in the region, and municipalities or other capable proximate
				governmental entities located in the jurisdiction wherein the non-complying
				small water company provides water or sewer service.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.9 - Joint public hearing report

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Within 60 days
				after the joint public hearing record is closed, the designated Department and
				Board hearing officers or an Administrative Law Judge shall review the record
				and prepare a joint public hearing report. The joint report shall provide a
				maximum of three options, and shall detail the following information for each:
1. The estimated costs of each
				option;
2. The potential impact on
				the customers of the acquiring entity, and the customers of the small water
				company and/or small sewer company;
3. The rationale for selection of each
				option; and
4. A ranking of the
				options in order of priority.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.10 - Proposed joint takeover order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Upon receipt of
				the entire record of the joint public hearing, the joint hearing report, and
				any written comments on the report received during the comment period required
				under 14:9-6.8(p), the
				Department and the Board shall jointly issue a proposed order, which shall
				require either the acquisition of the small water and/or sewer company, or
				termination of procedures under the Act.
(b) If the Board and the Department do not
				order the acquisition of the small water and/or sewer company, they shall order
				the termination of procedures under the Act.
(c) If the Department and the Board find that
				the improvement and acquisition costs, as defined at
				14:9-6.2, are necessary and
				reasonable, the Department and the Board shall issue a proposed joint takeover
				order for the acquisition of the non-complying small water company and/or small
				sewer company by the most suitable entity.
(d) The proposed joint takeover order shall:
1. Designate an acquiring entity;
2. Address improvement and acquisition
				costs;
3. Include an action by the
				Board subject to refund which provides, upon the order becoming final, for the
				inclusion in the acquiring entity's rates of the anticipated costs of
				improvements required under
				14:9-6.1 3(a). This inclusion
				shall be accomplished immediately or, if the acquiring entity chooses to defer
				determination of acquisition costs, it shall be accomplished as soon after
				these costs are determined as is practicable and feasible consistent with
				14:9-6.1 1; and
4. Include tariffs approved by the Board
				under N.J.A.C. 14:1-5.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.11 - Acquisition costs

Current through Register Vol. 56, No. 14, July 15, 2024
(a) If the small
				water company and/or small sewer company have not agreed with the acquiring
				entity as to acquisition costs or other matters relevant to the takeover
				proceedings, the Board's and the Department's designated representatives shall
				convene at least one meeting within 60 days of the issuance of the joint
				hearing report required by
				14:9-6.9(a). If
				all matters are not resolved at this meeting, another meeting shall be held
				within 15 days after issuance of the proposed joint takeover order.
(b) The meetings required under (a) above
				shall address issues that must be resolved in order to complete the takeover
				proceedings required under this subchapter.
(c) Representatives of Rate Counsel,
				non-complying small water company and/or small sewer company, and the acquiring
				entity shall be notified of each meeting.
(d) Meetings shall be continued if the
				Department's and Board's designated representatives determine that a reasonable
				possibility of success for an agreement exists.
(e) The Board's and the Department's
				representatives shall certify in writing, to the Department and the Board, the
				status of these meetings every three months.
(f) An agreement between the acquiring entity
				and the small water company and/or small sewer company on acquisition costs
				shall not be final unless the Board and the Department approve the
				agreement.
(g) If the acquiring
				entity and the small water company and/or small sewer company do not come to an
				agreement on acquisition costs, or if the entities agree but the Board does not
				approve the acquisition costs, the purchase price for the small water company
				and/or small sewer company shall be determined through the use of eminent
				domain, in accordance with
				20:3-1 et seq. The acquiring
				entity shall provide notice of the commencement of these proceedings to the
				Board, the Department, and all affected persons.
(h) If the parties to the proceedings reach
				an agreement on acquisition costs, which the Board approves, the Board and the
				Department shall continue proceedings under the Act in accordance with this
				subchapter.
(i) The proposed joint
				takeover order shall provide that any acquisition costs that the Board staff,
				after consultation with Department staff and Rate Counsel, determines are
				necessary and reasonable may be included in the acquiring entity's rates,
				provided that the small water company and/or small sewer company agree. The
				Board staff's determination under this subsection shall be based on evidence
				from the joint public hearing and comments on the joint hearing
				report.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.12 - Contested case hearing, final joint takeover order, and administrative consent order (ACO)

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any of the
				parties to the proceedings may petition the Board and the Department for a
				contested case hearing on the proposed joint takeover order through the
				procedures at
				7:19-5.1 1 or through the
				procedures for filing a petition at N.J.A.C. 14:1-5.
(b) A party to the proceedings shall submit
				any request for a contested case hearing to the Board and the Department within
				30 days after the party receives the proposed joint takeover order.
(c) The Board and the Department may deny a
				request for a contested case hearing, whether by a party to the proceedings or
				another person, if the hearing request:
1. Is
				not filed within the applicable deadline in this section;
2. Does not meet the requirements at
				7:19-5.1 1 and 14:1-5;
3. Does not specify one or more genuine
				issues of material fact or law that are appropriately and necessarily resolved
				by an adversarial, adjudicative hearing; or
4. Is based on factual or legal issues that
				were reasonably ascertainable from the joint hearing report, but were not
				raised during the comment period provided under
				14:9-6.9.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.13 - Compliance with joint order

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The acquiring
				entity named in a final joint takeover order issued under this subchapter shall
				acquire the noncomplying small water company and/or small sewer company, and
				shall make necessary improvements to assure, in the case of a small water
				company, the availability of water, the potability of water and the provision
				of water at adequate volume and pressure; and, in the case of a small sewer
				company, compliance with applicable Federal and State water pollution control
				requirements.
(b) The noncomplying
				small water company and/or small sewer company shall immediately comply with
				the final joint takeover order and shall facilitate the sale of the company to
				the designated acquiring entity as mandated by
				58:11-62.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.14 - Differential rate for customers of small water company or small sewer company

Current through Register Vol. 56, No. 14, July 15, 2024
The Board may, in its discretion, allow the acquiring entity
				  to collect from the customers of the non-complying small water and/or small
				  sewer company, a different rate for the use or service of the acquiring
				  entity's facilities than the rate the acquiring entity charges to the customers
				  it served prior to the takeover, pursuant to
				  58:11-63.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.15 - Liability for hazardous substance discharges

Current through Register Vol. 56, No. 14, July 15, 2024
An entity that acquires the facilities of a small water
				  company and/or a small sewer company pursuant to a final joint takeover order,
				  shall be governed by
				  58:11-63.2 with respect to any
				  hazardous substance discharged at the facilities prior to the
				  acquisition.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 6 - SMALL WATER COMPANY AND SMALL SEWER COMPANY TAKEOVER ACT RULES › Section 14:9-6.16 - Violations and penalties

Current through Register Vol. 56, No. 14, July 15, 2024
(a) An owner or
				operator of a small water company and/or a small sewer company, that violates
				the Act or this subchapter, or that fails to comply with any provision of a
				final joint takeover order, shall be subject to a civil penalty of not more
				than $ 50,000, upon order of a court of competent jurisdiction.
(b) Each provision violated shall constitute
				a separate and distinct violation, for which a separate penalty may be
				assessed.
(c) Each day that the
				violation continues shall constitute a separate and distinct violation, for
				which a separate penalty may be assessed.
(d) Any penalty assessed under this
				subchapter may be recovered with costs and, if applicable, interest charges, in
				a summary proceeding under the "penalty enforcement law," N.J.S.A. 2A:58-1 et
				seq.
(e) For any violation of this
				subchapter, the Board and/or the Department may commence a civil action in
				Superior Court for appropriate relief, including, without limitation, an
				injunction, and the reasonable costs of preparing and litigating the
				case.
(f) Use by the Board or the
				Department of any of the remedies provided for in this subchapter shall not
				preclude use of any other remedy available under this subchapter or any other
				applicable law.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 7 - PURCHASED WATER AND WASTEWATER ADJUSTMENT CLAUSES › Section 14:9-7.1 - Scope, applicability, and general provisions

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This subchapter
				provides for Board approval of purchased water adjustment clauses (PWACs) and
				purchased wastewater adjustment clauses (PSTACs), as these terms are defined at
				14:9-7.2. A PWAC or PSTAC allows a
				utility to include in rates the costs of fluctuations in purchased water or
				purchased wastewater treatment, without the necessity of a full base rate
				case.
(b) To be eligible for a PWAC
				or a PSTAC, a utility shall meet the following requirements, as applicable:
1. For a water utility, the utility's
				purchased water costs, as defined at
				14:9-7.2, exceed 10 percent of its
				total operating and maintenance expenses; and
2. For a wastewater utility, the utility's
				purchased wastewater treatment costs, as defined at
				14:9-7.2, exceed 10 percent of its
				total operating and maintenance expenses.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 7 - PURCHASED WATER AND WASTEWATER ADJUSTMENT CLAUSES › Section 14:9-7.3 - Initial PWAC or PSTAC

Current through Register Vol. 56, No. 14, July 15, 2024
(a) A water or
				wastewater utility with purchased water costs or wastewater treatment costs may
				file a petition with the Board for approval of an initial purchased water
				adjustment clause or purchased wastewater treatment clause, provided the
				utility meets all of the following criteria:
1. The utility's purchased water cost, or
				purchased wastewater treatment cost, exceeds 10 percent of the utility's
				operating and maintenance expenses;
2. The Board has approved the utility's base
				rates through a rate case and order during the three years prior to submittal
				of the petition for an initial PWAC or PSTAC; and
3. The utility has received notice of an
				increase or decrease in the cost of purchased water from its water purveyor, or
				in the cost of purchased wastewater treatment from its wastewater treatment
				purveyor.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 7 - PURCHASED WATER AND WASTEWATER ADJUSTMENT CLAUSES › Section 14:9-7.4 - Year-end true up schedule

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Once a
				purchased water adjustment clause has been in effect for one year, a utility
				shall submit a true up schedule to the Board. The true up schedule shall
				compare:
1. The actual cost of purchased
				water or of wastewater treatment for the previous year; and
2. The estimated costs of purchased water or
				of wastewater treatment for the previous year, upon which the PWAC or PSTAC for
				the previous year was based.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 7 - PURCHASED WATER AND WASTEWATER ADJUSTMENT CLAUSES › Section 14:9-7.5 - Billing

Current through Register Vol. 56, No. 14, July 15, 2024
If a utility has a Board approved purchased water adjustment
				  clause or purchased wastewater treatment adjustment clause, the utility shall
				  list and identify any rate adjustment authorized through the clause separately
				  on customer bills.
New Jersey Administrative Code › Title 14 - PUBLIC UTILITIES › Chapter 9 - WATER AND WASTEWATER › Subchapter 7 - PURCHASED WATER AND WASTEWATER ADJUSTMENT CLAUSES › Section 14:9-7.6 - Petition contents

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section
				sets forth the content requirements for a petition for:
1. Approval of an initial PWAC or
				PSTAC;
2. Approval of a year-end
				true up schedule; and
3. Approval
				of an adjustment to a PWAC or PSTAC for a year following the year of the
				initial PWAC or PSTAC.