Bill > A5326

Introduced Session

This bill proposes to require a public utility, that is in control of property that may result in a potentially dangerous condition, to be responsible for reimbursing the State or a local unit of government for the costs incurred in securing the property for the purpose of protecting the safety and welfare of the general public from exposure to the potentially dangerous condition. The bill enables the State or local unit of government to seek reimbursement from the public utility, and requires the public utility to pay over to the State or local unit of government the amount of costs incurred by the State or local unit. These provisions are not to apply to the period during which the property at issue is the subject of a declared state of emergency. As a condition to the initiation of a claim seeking reimbursement from a public utility, the bill provides that the State or a local unit of government is required to:· notify the public utility of the potentially dangerous condition;· inform the public utility of its duty and obligation to secure the potentially dangerous condition; and· deploy personnel to secure the scene. The bill, however, provides public utilities with a one hour grace period within which the public utility can avoid liability for a claim, if the public utility deploys personnel sufficient to assume control over the potentially dangerous condition and to protect the general public from risk of injury or loss. The bill directs the Commissioner of Community Affairs to establish a fee schedule to guide the State and local units of government in preparing and submitting claims for reimbursement to public utilities. The bill requires the fee schedule to be based upon: the Schedule of Equipment Rates covering costs eligible under the federal Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. s.5121, et seq.; and information regarding the use of that schedule in federal regulations. Additionally, the bill directs the Board of Public Utilities to review and verify the names and emergency contact information currently required to be filed with the board by each public utility pursuant to R.S.48:2-17, and to compile and deliver to the Commissioner of Community Affairs a list of the names and emergency contact information for the persons to contact to inform a public utility of an emergency. The bill also requires the board to inform the commissioner each time a public utility files a change of its emergency contact information with the board. The bill requires the commissioner to disseminate this information to the appropriate offices of State government and to local units of government for them to use to notify a public utility of an emergency. Finally, the bill specifies that amounts that a public utility pays over, or is required to pay over, to the State or local unit of government pursuant to this bill are not relevant to the Board of Public Utilities when considering a base rate case filed by the public utility.

AI Summary

Committee Categories

Michael Inganamort (R)*,  Dawn Fantasia (R), 

Introduced, Referred to Assembly Telecommunications and Utilities Committee (on 02/20/2025)

Official Document