S4139

An Act requiring a public utility to reimburse the State or local unit of government for costs incurred in securing the site of a potentially dangerous condition in certain circumstances and amending P.L.1993, c.366.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1993, c.366 (C.2A:62A-21) is amended to read as follows:

1. a. In addition to any other right of action or recovery otherwise available under law, whenever any law enforcement officer, firefighter, or member of a duly incorporated first aid, emergency, ambulance or rescue squad association suffers any injury, disease or death while in the lawful discharge of his official duties and that injury, disease or death is directly or indirectly the result of the neglect, willful omission, or willful or culpable conduct of any person or entity, other than that law enforcement officer, firefighter or first aid, emergency, ambulance or rescue squad member's employer or co-employee, the law enforcement officer, firefighter, or first aid, emergency, ambulance or rescue squad member suffering that injury or disease, or, in the case of death, a representative of that law enforcement officer, firefighter or first aid, emergency, ambulance or rescue squad member's estate, may seek recovery and damages from the person or entity whose neglect, willful omission, or willful or culpable conduct resulted in that injury, disease or death.

b. (1) Whenever property under the control of a public utility results in a potentially dangerous condition that is accessible to the general public, and the State or a local unit of government deploys one or more law enforcement officers, firefighters, public works employees, or other persons to secure the potentially dangerous condition of property for the purpose of protecting the safety and welfare of the general public from exposure to the potentially dangerous condition, the State or local unit of government may file a claim for reimbursement with the public utility responsible for maintaining the property for the costs incurred by the State or local unit of government in securing the potentially dangerous condition of property and protecting the general public from exposure to the potentially dangerous condition. A public utility that receives a claim for reimbursement pursuant to this subsection shall pay over to the State or local unit of government the amount of costs incurred by the State or local unit. The provisions of this subsection shall not apply to the period during which the property at issue is the subject of a declared state of emergency.

(2) As a condition to filing a claim for reimbursement with a public utility pursuant to this subsection, the State or local unit of government shall have: provided notice to the public utility of the potentially dangerous condition, informing the public utility of its duty and obligation to secure the potentially dangerous condition; and deployed personnel to secure the scene.

(3) The State or a local unit of government shall not file a claim pursuant to this subsection if, within one hour following the State or a local unit of government’s provision of notice pursuant to paragraph (2) of this subsection, the public utility has deployed personnel sufficient to assume control over the potentially dangerous condition and to protect the general public from risk of injury or loss.

(4) Within 45 days of the date of enactment of P.L. , c. (pending before the Legislature as this bill), the Commissioner of Community Affairs shall establish a fee schedule to guide the State and local units of government in preparing and submitting claims for reimbursement to public utilities, which fee schedule shall 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 as described in 44 C.F.R. s.206.228 Allowable Costs.

(5) (a) Within 30 days of the date of enactment of P.L. , c. (pending before the Legislature as this bill), the Board of Public Utilities shall: review and verify the names and emergency contact information filed with the board by each public utility pursuant to R.S.48:2-17; and 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. Thereafter, the board shall inform the commissioner each time a public utility files a change of its emergency contact information with the board.

(b) Within 15 days of the Commissioner of Community Affairs’ receipt of the list of names and emergency contact information from the Board of Public Utilities pursuant to subparagraph (a) of this paragraph, and thereafter as soon as possible following the commissioner’s receipt of a public utility’s change of its emergency contact information with the board, the commissioner shall disseminate this information to the appropriate offices of State government and to local units of government.

(6) Notwithstanding any provision of law to the contrary, a public utility shall not include amounts that a public utility pays, or is required to pay, to the State or a local unit of government pursuant to this subsection in the information the public utility provides to the Board of Public Utilities as part of a base rate case filed by the public utility, and the Board of Public Utilities shall not consider any such amounts improperly included by a public utility.

(cf: P.L.1993, c.366, s.1)

2. This act shall take effect immediately.

STATEMENT

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.