Establishes Office of Permitting and Broadband Deployment and Development Efficiency in Department of State and establishes NJ Permit Fast Track Program; appropriates $2 million.

S3402

SENATE, No. 3402

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 9, 2026

Sponsored by:

Senator� JOHN J. BURZICHELLI

District 3 (Cumberland, Gloucester and Salem)

Senator� TROY SINGLETON

District 7 (Burlington)

SYNOPSIS

���� Establishes Office of Permitting and Broadband
Deployment and Development Efficiency in Department of State and establishes NJ
Permit Fast Track Program; appropriates $2 million.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
establishing
the Office of Permitting and
Broadband Deployment and Development Efficiency

and the New Jersey Permit Fast Track Program, supplementing Title 52 of the
Revised Statutes, and making an appropriation.

����
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):�

���� �Authority� means the New
Jersey Economic Development Authority established pursuant to section 4 of
P.L.1974, c.80 (C.34:1B-4).

���� �Board� means the New Jersey
Board of Public Utilities or its successor.

���� �Department� means the
Department of State.

���� �Local government unit� means
a municipality, county, or other political subdivision of the State, or any
agency or authority thereof.

���� �Office� means the Office of
Permitting and Broadband Deployment and Development Efficiency established
pursuant to section 2 of P.L. , c.
(C. ) (pending before the Legislature
as this bill).

���� �Permit� means a permit,
license, certificate, registration, compliance schedule, or any other form of
permission or approval required by law to be issued by a permitting authority,
which is necessary for the implementation or construction of a project, whether
that authorization is in the form of a permit, approval, license,
certification, waiver, letter of interpretation, agreement, or any other decision.�
�Permit� includes, but is not limited to, a permit as that term is defined in
section 1 of P.L.2011, c.34 (C.52:14B-26).

���� �Permitting authority� means
any State agency or local government unit, or any subdivision thereof,
responsible for the processing or issuance of permits.

���� �Pole attachment� means the
same as that term is defined in paragraph (4) of subsection (a) of 47 U.S.C.
s.224 and in regulations promulgated by the Federal Communications Commission.�
�Pole attachment� includes the communications wires in underground utility-owned
conduits.

���� �Program� means the New Jersey
Permit Fast Track Program established by the department pursuant to section 4
of P.L. , c. (C. )
(pending before the Legislature as this bill).

���� �Project� means a critical
economic development project or a critical infrastructure project, as
determined by the department, in consultation with the authority as necessary,
which project qualifies for the program.

���� �Project developer� means the
developer of an approved project under the program.

���� �Utility� means any public
utility, as that term is defined pursuant to R.S.48:2-13, that owns or controls
poles, ducts, conduits, or rights-of-way used, in whole or in part, for any
wire communications.� The term �utility� shall not include any railroad.

���� �Utility pole� means a pole
owned or controlled by a utility.

���� 2.��� a.� There is established
in the Department of State the Office of Permitting and Broadband Deployment
and Development Efficiency to coordinate among permitting authorities in order
to increase the efficiency of permitting processes related to the
implementation and construction of development projects in the State.� The
office shall assume the functions, power, and duties of the board related to
the regulation of rates, terms, and contracts concerning pole attachments.

���� b.��� The Secretary of State
shall appoint a director who shall supervise the office, and the department may
employ such other personnel and staff as may be required to carry out the
duties and responsibilities of the office.

���� c.���� In addition to other
such duties and responsibilities as may be prescribed by law, the office shall
be responsible for the following duties and responsibilities:�

���� (1)�� regulating access to
poles, conduits, and rights-of-way owned or controlled by a utility and
ensuring rates, terms, and conditions of pole attachments are just, reasonable,
and non-discriminatory;

���� (2) enforcing timelines for
access to poles, consistent with any rules promulgated by the Federal
Communications Commission;

���� (3) establishing an expedited
pole and right-of-way access dispute resolution procedure, which shall result
in a final decision within 30 days of the filing of a complaint;

���� (4)�� establishing a dispute
resolution procedure for disputes other than pole and right-of-way access
disputes, which shall result in a final decision no later than 180 days from
the date of filing;

���� (5)�� publishing a list of all
permits required in the State for the completion of a development project,
which list shall be published on the official Internet website of the
department within six months after the effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill) and updated as necessary;

���� (6)�� recommending
opportunities for improving efficiency in the processing of permits in the
State, including, but not limited to, recommended revisions to statutory law or
the rules and regulations of permitting authorities, which recommendations
shall be provided to the Governor and, pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), the Legislature, at such times as the office deems appropriate;
and

���� (7)�� administering the �New
Jersey Permit Fast Track Program,� established pursuant to section 4 of
P.L. , c.
(C. ) (pending before the
Legislature as this bill).

���� 3.��� a� Whenever the term
�Board of Public Utilities� occurs, and any reference is made thereto, in any
law, contract, or document regarding the regulation of utility poles or pole
attachments, the same shall be deemed to mean or refer to the office established
by P.L. , c.
(C. ) (pending before the
Legislature as this bill).�

���� b.��� Whenever the term
�Commissioner of the Board of Public Utilities� occurs, and any reference is
made thereto, in any law, contract, or document regarding the regulation of
utility poles or pole attachments, the same shall be deemed to mean or refer to
the director of the office established by P.L. ,
c. (C. )
(pending before the Legislature as this bill).�

���� 4.��� a.� The office shall
establish a �New Jersey Permit Fast Track Program� to facilitate the efficient
processing and acquisition of necessary permits for critical infrastructure
projects and critical economic development projects.� The office shall establish
criteria related to the types of critical infrastructure projects and critical
economic development projects that may be eligible for participation in the
program.

���� b.��� A developer that seeks
assistance under the program shall submit an application to the office, in a
form and manner prescribed by the office, which application shall include:�

���� (1)�� a summary of the project
and a list of all permits necessary for the project to proceed, including the
status of any permit applications already submitted for the project at the time
of application for the program;

���� (2)�� evidence satisfactory to
the department, pursuant to such guidelines as the department shall provide for
the application process, that the project qualifies as a critical
infrastructure project or critical economic development project, as determined
by the department, in consultation with the authority as necessary; and

���� (3)�� any other information
that the office may require.

���� c.���� The office may accept
applications for the program on a rolling basis.� Upon approval of an
application, the office shall provide guidance and project coordination
services for each project developer to assist in the application for, and
acquisition of, necessary permits related to the implementation or construction
of the project, including, but not limited to, communicating with permitting
authorities on behalf of the project developer concerning new or pending permit
applications.

���� d.��� The office shall publish
on the official Internet website of the department:�

���� (1)�� guidance providing
instructions on how to apply for the program;

���� (2)�� contact information for
individuals in the office who may assist developers in applying for the
program; and

���� (3)�� a dashboard that
includes a brief description of each project approved for participation in the
program and that includes information concerning related permitting
requirements and processing timelines, and the status of the project.

���� 5.��� The office shall adopt, pursuant
to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et seq.),
rules and regulations to effectuate the purposes of
P.L. , c.
(C. ) (pending before the
Legislature as this bill).� The office shall, in consultation with the
authority, adopt rules concerning the eligibility of projects for the program,
including criteria for qualification as a critical infrastructure project or
critical economic development project.�

���� 6.��� There is appropriated
$2,000,000 from the General Fund to the Department of State for the purpose of
administering the Office of Permitting and Broadband Deployment and Development
Efficiency and effectuating the purposes of P.L. ,
c. (C. ) (pending
before the Legislature as this bill).

���� 7.��� This act shall take
effect immediately.

STATEMENT

���� This bill establishes the Office
of Permitting and Broadband Deployment and Development Efficiency (office) in
the Department of State (department), which office is to assume the functions,
power, and duties of the Board of Public Utilities (board) related to the
regulation of rates, terms, and contracts concerning pole attachments and is to
be responsible for administering the New Jersey Permit Fast Track Program (program)
established under this bill.� The bill appropriates $2 million to the
department for the administration of the office and the program.�

The Office of Permitting and
Broadband Deployment and Development Efficiency

���� This bill establishes the
Office of Permitting and Broadband Deployment and Development Efficiency to regulate
rates, terms, and contracts concerning pole attachments and coordinate among
permitting authorities in order to increase the efficiency of permitting
processes related to the implementation or construction of development projects
in the State.� The Secretary of State is required to appoint a director to
supervise the office, and the department may employ such other personnel and
staff as may be required to carry out the duties and responsibilities of the
office.� In addition to other duties and responsibilities as may be prescribed
by law, the bill outlines certain other duties and responsibilities for the
office.�

The New Jersey Permit Fast Track
Program

���� The bill requires the
department to establish the New Jersey Permit Fast Track Program, which is to be
administered by the office, to facilitate the efficient processing and
acquisition of necessary permits for critical infrastructure projects and
critical economic development projects.�

���� In addition, the office is to establish
criteria related to the types of critical infrastructure projects and critical
economic development projects that may be eligible for participation in the
program and provides for an application process.� Under the bill, the office is
permitted to accept applications on a rolling basis, and applicants are to
submit certain information outlined in the bill as part of an application under
the program.� Upon approval of an application, the office is required to provide
guidance and project coordination services for each project developer to assist
in the application for, and acquisition of, necessary permits related to the
implementation or construction of the project.�

���� The office is required to
publish on the official Internet website of the department:� (1) guidance
providing instructions on how to apply for the program; (2) contact information
for individuals in the office who may assist developers in applying for the
program; and (3) a dashboard that includes a brief description of each project
approved for participation in the program and that includes information
concerning related permitting requirements and processing timelines, and the
status of the project.�

���� With this legislation, the
sponsor intends to streamline the deployment of broadband and electronic
communications infrastructure, which are functions essential to economic
development and vitality in the state, by making the office the administrator,
regulator, and enforcer of a framework that is consistent with federal pole
attachment law and regulation.�