[First Reprint]

ASSEMBLY, No. 2849







Sponsored by:


District 3 (Salem, Cumberland and Gloucester)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Assemblyman  WAYNE P. DEANGELO

District 14 (Mercer and Middlesex)

Assemblywoman  CELESTE M. RILEY

District 3 (Salem, Cumberland and Gloucester)

Assemblyman  PETER J. BARNES, III

District 18 (Middlesex)


District 37 (Bergen)


Co-Sponsored by:

Assemblymen Delany, Rudder, Senators Weinberg, Sarlo, Gordon and Greenstein






     Requires BPU orders to be issued in writing and posted on Internet.



     As reported by the Assembly Regulatory Oversight and Gaming Committee on November 8, 2010, with amendments.


An Act concerning orders of the Board of Public Utilities and amending R.S.48:2-40.


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


     1.    R.S.48:2-40 is amended to read as follows:

     48:2-40.  a. A majority vote of the board shall be necessary to the [making] issuance of an order.

     b.    After the effective date of P.L.    , c.    (pending before the Legislature as this bill), the board shall issue every 1[such]1 order in written form.  If a matter is an emergency that affects public health and safety, the board may issue 1[an] a temporary1 order on 1[such] the1 matter orally, 1[provided that the board shall issue the order in writing within 14 calendar days of issuing the order orally; provided, however, that the written order shall] but shall within 14 days thereafter issue the order as a written order that does1 not differ substantively from the oral order.  Any board order issued orally may be made effective immediately, but 1, regardless of its effective date,1 if 1[such] that1 order is not issued in written form within 14 calendar days thereafter, 1[it] or the written order is substantively different from the oral order, the oral order1 shall be void and of no effect 1as of the 15th calendar day after its issuance1.

     c.     The board shall issue any written order by filing a copy thereof with the board secretary.  Every written order [made] issued by the board shall be 1:

     (1)1 served upon the person or public utility affected thereby within ten days from [the time the order is filed,] 1[such] its1 filing by personally delivering or by mailing a certified copy thereof in a sealed package with postage prepaid to the person affected or to an officer or agent of the public utility upon whom a summons may be served 1; and

     (2) posted upon the Internet website of the board1

     d.    All written orders of the board 1[, except for those that shall previously have become effective immediately upon issuance as oral orders pursuant to subsection b. hereof,]1 shall become effective upon service thereof or upon such dates after the service thereof as may be specified therein.

     e.     The board at any time may order a rehearing and extend, revoke or modify an order made by it.

(cf: R.S.48:2-40)

     2.    This act shall take effect on the 30th day after the date of enactment, but the Board of Public Utilities may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.