Sponsored by:
Assemblyman ALEX SAUICKIE
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Co-Sponsored by:
Assemblywoman Dunn
SYNOPSIS
Requires legislative approval of funding for certain BPU plans, programs, and projects.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring the Board of Public Utilities to obtain legislative approval for certain plans, programs, and projects and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. Notwithstanding any law, rule, regulation, or order to the contrary, prior to undertaking any plan, program, or project with a cost exceeding $1,000,000, which cost has not already been included in the Board of Public Utilities’ approved annual budget for the fiscal year, the board shall submit to the Legislature a written, detailed explanation of the proposed plan, program, or project, which explanation shall include, but not be limited to:
(1) an outline of the plan, program, or project;
(2) the cost estimate of the plan, program, or project;
(3) the objectives and expected outcomes of the plan, program, or project; and
(4) a justification for additional funding outside of the board’s approved annual budget.
b. The Legislature shall adopt a concurrent resolution to approve or disapprove funding for the plan, program, or project.
(1) In the event that the Legislature adopts a concurrent resolution approving the proposed plan, program, or project, the board shall have authority to adopt rules and regulations necessary to implement the plan, program, or project, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.). The board shall include the concurrent resolution passed by the Legislature pursuant to this section when filing a notice of proposal or notice of adoption with the Office of Administrative Law.
(2) In the event that the Legislature does not adopt a concurrent resolution approving the proposed plan, program, or project by the end of the fiscal year in which the proposed plan, program, or project was submitted, then the proposed plan, program, or project shall be deemed disapproved and shall not be implemented.
c. The requirement for legislative approval established pursuant to this section shall not apply to the board’s emergency plans, programs, or projects implemented in response to a federally-declared emergency. The board shall report its emergency plans, programs, and projects to the Legislature within 30 days of implementation.
2. This act shall take
effect immediately.
STATEMENT
This bill requires the Board of Public Utility (board), prior to undertaking a plan, program, or project with a cost exceeding $1 million that has not already been included in the board’s approved annual budget for the fiscal year, to submit to the Legislature a written, detailed explanation of the proposed plan, program, or project, including, but not limited to: (1) an outline of the plan, program, or project; (2) the cost estimate of the plan, program, or project; (3) the objectives and expected outcomes of the plan, program, or project; and (4) a justification for additional funding outside the approved annual budget. The Legislature is required to adopt a concurrent resolution to approve or disapprove funding for the plan, program, or project.
Under the bill, emergency plans, programs, or projects implemented in response to a federally-declared emergency are exempt from the legislative approval requirements under the bill. Instead, the board is to report emergency plans, programs, or projects to the Legislature within 30 days of implementation.