Bill Text: NJ A242 | 2016-2017 | Regular Session | Introduced
Bill Title: Directs removal or enhancement of electric public utility infrastructure located in flood hazard area.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2016-01-27 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A242 Detail]
Download: New_Jersey-2016-A242-Introduced.html
STATE OF NEW JERSEY
217th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2016 SESSION
Sponsored by:
Assemblyman JACK M. CIATTARELLI
District 16 (Hunterdon, Mercer, Middlesex and Somerset)
Assemblyman ANTHONY M. BUCCO
District 25 (Morris and Somerset)
SYNOPSIS
Directs removal or enhancement of electric public utility infrastructure located in flood hazard area.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning electric public utility infrastructure located in flood hazard areas and supplementing P.L.1962, c.19 (C.58:16A-50 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Board" means the Board of Public Utilities.
"Department" means the Department of Environmental Protection.
"Electric public utility" or "utility" means a public utility as that term is defined in R.S.48:2-13, that transmits and distributes electricity to end users within this State.
"Flood hazard area" means the floodway and the flood fringe area as determined by the department under section 3 of P.L.1962, c.19 (C.58:16A-52).
"Utility plant infrastructure" means, with respect to an electric public utility, any machinery, apparatus, or equipment within and appurtenant to a facility owned or controlled by the utility, used for the transmission, distribution, or delivery of electricity to the customers of this State, including a distribution substation, but not including lines, meters, and switches not immediately appurtenant to the facility as determined by the department.
2. a. Notwithstanding any other law, rule, regulation, or order to the contrary, within 180 days of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), each electric public utility in the State having ownership or control of utility plant infrastructure located in a flood hazard area shall prepare a plan to move the utility plant infrastructure to an area not determined by the department to be located in a flood hazard area. Any such plan shall provide that the utility plant infrastructure would be moved within 10 calendar years from the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The plan shall be submitted to the department. An electric public utility may submit information showing that any plan to move utility plant infrastructure would not be feasible.
b. Within 120 days of receipt of a plan to move utility plant infrastructure pursuant to subsection a. of this section, the department shall determine whether the plan is feasible and whether it shall be implemented with or without recommendations. Upon a determination that the plan shall be implemented, the department shall order that the plan be implemented and the move of the utility plant infrastructure described in the plan shall be completed within 10 calendar years from the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), which order shall include any recommendations for amendments or additions to the plan.
c. Upon finding that an electric public utility has submitted information sufficient to show that a plan to move its utility plant infrastructure would not be feasible, the department shall order the utility to submit a plan, within two calendar years following the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), to comply with flood-proof design regulations promulgated by the board pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. It shall be a violation of P.L.1962, c.19 (C.58:16A-50 et seq.), to violate the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
4. The Commissioner of Environmental Protection shall, in consultation with the board, pursuant to the provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), adopt rules and regulations establishing flood-proof design regulations, standards, and classification of property and equipment to be determined by the department as being utility plant infrastructure, and any other such rules and regulations as may be necessary to effectuate the purposes of this act.
5. This act shall take effect immediately.
STATEMENT
This bill would require the State's electric public utilities having ownership or control of utility plant infrastructure located in a flood hazard area to establish a plan to move the utility plant infrastructure out of the flood hazard area or to submit information showing that any plan to move utility plant infrastructure would not be feasible.
Within 120 days of submission of a plan to move utility plant infrastructure, the Department of Environmental Protection ("DEP") would determine whether the plan is feasible and whether the plan shall be implemented with or without recommendations. Upon a determination that the plan shall be implemented, the DEP would order that the plan be implemented and the move of the utility plant infrastructure described in the plan be completed within 10 calendar years from the bill's effective date.
If a utility has submitted information sufficient to show that a plan to move its utility plant infrastructure would not be feasible, the DEP would order the utility to submit a plan, within two calendar years following the bill's effective date to comply with flood-proof design regulations promulgated by the DEP.
