Requires public utility to reimburse the State or local unit, in certain circumstances, for costs incurred in securing potentially dangerous condition caused by property controlled by the public utility.

A1283

ASSEMBLY, No. 1283

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblywoman Fantasia

SYNOPSIS

���� Requires public utility to reimburse the State or
local unit, in certain circumstances, for costs incurred in securing
potentially dangerous condition caused by property controlled by the public
utility.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

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.