Bill Text: NJ A4745 | 2014-2015 | Regular Session | Introduced
Bill Title: Deems dispute between local government and pipeline operator concerning danger posed by certain natural gas pipelines as contested case.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-11-16 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A4745 Detail]
Download: New_Jersey-2014-A4745-Introduced.html
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Deems dispute between local government and pipeline operator concerning danger posed by certain natural gas pipelines as contested case.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the construction of certain intrastate natural gas pipelines and amending P.L.1962, c.198.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 34 of P.L.1962, c.198 (C.48:2-32.2) is amended to read as follows:
a. [Every] A municipality may intervene alone or jointly with another municipality [or municipalities] in any hearing or investigation held by the board, which involves public utility rates, fares or charges, service or facilities, affecting the municipality [or municipalities], or the public within the municipality [or municipalities], and may employ [such] legal counsel, experts, and assistants as may be necessary to protect the interest of the municipality [or municipalities], or the public within the municipality [or municipalities]. [Such] A municipality [or municipalities] may by emergency resolution raise and appropriate the funds necessary to provide reasonable compensation and expenses of [such] legal counsel, experts, and assistants for that purpose.
b. The governing body of any county shall have all the rights of intervention, alone or jointly with any municipality [or municipalities], or with the governing body of any other county, which are conferred upon municipalities by subsection a. of this section, and may use all of the means provided for the effectuation of [said] the rights which are permitted to municipalities under subsection a. of this section.
c. (1) If a hearing or investigation [to which this amendatory and supplementary act applies] is held under the provisions of this section pursuant to a petition by a public utility, that public utility shall serve written notice of the petition on the clerk of each affected municipality, the clerk to the board of chosen freeholders of each affected county and, where appropriate, the executive officer of each affected county, not less than 20 days prior to the date of the hearing or investigation, or the date of the first in a scheduled series thereof, as appropriate. The public utility shall furnish the board with proof of service of notice not later than 10 days prior to the date of the hearing.
The board shall, not later than 10 days prior to the date of the hearing or investigation, serve written notice on the clerk of each affected municipality, the clerk to the board of chosen freeholders of each affected county and, where appropriate, the executive officer of each affected county, of the hour, date, and place of the hearing or investigation. If this information is available at the time of the notice by the public utility, the board may require the public utility to include the information in that notice, in lieu of notice by the board. In the case of a scheduled series of hearings or investigations, the board may serve one notice encompassing the entire schedule, in lieu of serving a separate notice for each individual hearing or investigation. This notice shall be served not later than 10 days prior to the date of the first scheduled hearing or investigation. The board shall serve notice of any change in the hour, date, or place of a scheduled hearing or investigation not less than 10 days prior to the original or new date of that hearing, as appropriate.
(2) If a hearing or investigation [to which this amendatory and supplementary act applies] is initiated by the board pursuant to this section, the board shall serve written notice on the clerk of each affected municipality, the clerk to the board of chosen freeholders of each affected county and, where appropriate, the executive officer of each affected county as to the subject matter of the hearing or of any investigatory function in which the county or municipality may intervene. This notice shall be served not less than 20 days prior to the date of the hearing or investigatory function, or the date of the first in a scheduled series thereof, as appropriate. Not less than 10 days before the date of the hearing or investigatory function, the board shall serve written notice on the clerk of each affected municipality, the clerk to the board of chosen freeholders of each affected county and, where appropriate, the executive officer of each affected county, as to the hour, date, and place of that hearing or investigating function; except that this notice may be given at the same time as notice of the subject matter of the hearing or investigating function. In the case of a scheduled series of hearings or investigating functions, the board may serve one notice encompassing the entire schedule, in lieu of serving a separate notice for each individual hearing or investigating function. This notice shall be served not later than 10 days prior to the date of the first scheduled hearing or investigating function, as appropriate. The board shall serve notice of any change in the hour, date, or place of a scheduled hearing or investigating function not less than 10 days prior to the original or new date of that hearing or investigating function, as appropriate.
d. The notice requirements provided for in subsection c. of this section may be waived upon consent of all involved parties, or in an emergency situation which involves a condition [or set of conditions] posing an immediate danger to the public health, safety, or welfare. A petition for an adjustment of rates, fares, or charges shall not constitute an emergency situation for the purposes of this subsection.
e. (1) As used in this subsection:
"Contested case" shall have the same meaning as provided in section 2 of P.L.1968, c.410 (C.52:14B-2).
"Natural gas pipeline utility" shall have the same meaning as provided in section 2 of P.L.1952, c.166 (C.48:10-3).
"Natural gas pipeline" shall have the same meaning as "pipeline" as provided in 49 C.F.R. s.192.3.
"Pipeline operator" means a person who owns, operates, manages, or controls an intrastate natural gas pipeline, including a gas public utility or a natural gas pipeline utility.
"Rate counsel" shall have the same meaning as provided in section 2 of P.L.1991, c.428 (C.48:2-21.17).
(2) A municipality or county may intervene in a hearing or investigation before the board pursuant to this section if a pipeline operator petitions the board to install or operate an intrastate natural gas pipeline with a maximum operating pressure in excess of 250 pounds per square inch gauge in that municipality or county on the grounds that the intrastate natural gas pipeline poses a danger to public health, safety, or welfare. The board shall adjudicate a matter in which a municipality, county, or Rate Counsel has intervened as a contested case pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.).
(3) The board shall only permit de minimis exceptions under any board rule or regulation that prohibits installing or operating a natural gas pipeline in certain areas as to the distance between a natural gas pipeline and a building intended for human occupancy in a matter brought under this section in which a pipeline operator petitions the board to install or operate a natural gas pipeline, as described in paragraph (2) of this subsection, in a rural or suburban area, as determined by the board.
(cf: P.L.1985, c.203, s.1)
2. This act shall take effect immediately.
STATEMENT
This bill provides that a municipality, county, or Rate Counsel may intervene in a hearing or investigation before the New Jersey Board of Public Utilities (board) if a pipeline operator petitions the board to install or operate an intrastate natural gas pipeline (pipeline) with a maximum operating pressure in excess of 250 pounds per square inch gauge in that municipality or county on the grounds that the pipeline poses a danger to public health, safety, or welfare. Under the bill, the board is to adjudicate a matter in which a municipality, county, or Rate Counsel has intervened as a contested case pursuant to the State's "Administrative Procedure Act."
Under the bill, the board is to only permit de minimis exceptions under board rules and regulations as to the distance between a pipeline and a building intended for human occupancy in a matter in which a pipeline operator is petitioning the board to install or operate a pipeline in a rural or suburban area. Board rules generally prohibit a pipeline operator from installing or operating a pipeline with a maximum operating pressure in excess of 250 pounds per square inch gauge less than 100 feet from a building intended for human occupancy.
