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A1568
ASSEMBLY, No. 1568
STATE OF NEW JERSEY
222nd LEGISLATURE
�
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
���� Requires electric public utilities to implement flood
mitigation plans for certain electric distribution substations; prohibits rate
increase pending implementation of flood mitigation plans.
CURRENT VERSION OF TEXT
���� Introduced Pending Technical Review by Legislative
Counsel.
��
An Act
concerning electric public utility flood
mitigation plans and supplementing Title 48 of the Revised Statutes.
����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:
���� 1.��� As used in P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill):
���� �Board� means the Board of
Public Utilities.
���� �Electric distribution
substation� means, with respect to an electric public utility,
an electric substation which takes electricity from the
transmission grid and converts it to a lower voltage for the purpose of
distribution to end-use customers in the State through one or more distribution
lines having a rating of less than 69 kilovolts, or such rating as the board to
determines to be at the distribution level.
���� �Electric public utility� or
�utility� means a public utility, as that term is defined in R.S.48:2-13, that
transmits and distributes electricity to end users within this State.
���� �Sustained outage� is the
interruption of electric service for a period of not less than 24 hours.
���� 2.��� a.� Within 120 days of
the board�s promulgation of the rules and regulations establishing flood-proof
design regulations pursuant to section 4 of P.L.��� , c.��� (C.������� )
(pending before the Legislature as this bill), each electric public utility in the
State having ownership or control of an electric distribution substation which
has, within 10 years prior to the effective date of�
P.L. , c. (C. ) (pending before
the Legislature as this bill), experienced flooding that has resulted in a
sustained outage to at least five percent of the end-use customers of any
municipality located within the electric public utility�s service territory, or
five percent of the end-use customers of any county located within an electric
public utility�s service territory if such outage has effected end-use
customers in more than one municipality, shall prepare and submit to the board,
a plan to mitigate flood damage to the substation in accordance with the
flood-proof design regulations promulgated by the board pursuant to section 4
of
P.L. , c. (C. ) (pending
before the Legislature as this bill).
���� b.��� Within 180 days of
receipt of a flood damage mitigation plan pursuant to subsection a. of this
section, the board shall determine whether the plan is feasible and whether it
shall be implemented with or without recommendations.� Upon a determination
that the plan shall be implemented, the board shall order that the plan be
implemented and flood damage mitigation at the electric distribution substation
described in the plan shall be completed within one calendar year from such
order, which order shall include any recommendations for amendments or
additions to the plan.
���� 3.��� Notwithstanding any law,
rule, regulation, or order to the contrary, the board shall not grant any
petition of an electric public utility for an adjustment in existing tariffs which
proposes to increase individual rates, joint rates, tolls, or charges, or
schedules thereof, until the utility completes implementation of the flood
damage mitigation plan pursuant to a board order issued pursuant to subsection
b. of section 2 of P.L.��� , c.��� (C.������� ) (pending before the Legislature
as this bill).
���� 4.��� Within 120 days of the
effective date of P.L.��� , c.��� (C. ) (pending before
the Legislature as this bill), the board
shall,
pursuant to the provisions of
the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), adopt rules and regulations establishing flood-proof design regulations
applicable to electric distribution substations subject to the requirements of
section 1 of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill), standards, and classification of property and equipment to be
determined by the board as being an electric distribution substation, and any
other such rules and regulations as may be necessary to effectuate the purposes
of P.L.��� , c.��� (C.������� ) (pending before the Legislature as
this bill).
���� 5.��� This act shall take
effect immediately.
STATEMENT
���� This bill directs the Board of
Public Utilities (BPU), within 120 days of the effective date of the bill, to
promulgate electric flood-proof design regulations for electric distribution
substations which have experienced flooding in the 10 years preceding the
effective date of the bill, which flooding has resulted in outages of 24 hours
or more for at least five percent of the end-use customers of a municipality or
county located within an electric public utility�s service territory.
���� The bill further requires,
within 120 days of the promulgation of the BPU regulations, each electric
public utility in the State to submit a flood damage mitigation plan in
accordance with such regulations.� The BPU is then required, 180 days after
submission of the plan, to determine whether the plan is feasible, then, upon
such determination, to order, with or without recommendations, implementation
of the plan.� No increase in rates shall be granted to an electric public
utility until a BPU-ordered plan is implemented pursuant to the provisions of
the bill.