ASSEMBLY, No. 1055

STATE OF NEW JERSEY

Introduced Pending Technical Review by Legislative Counsel

PRE-FILED FOR INTRODUCTION IN THE 1996 SESSION

By Assemblymen DORIA and DiGAETANO

An Act concerning members of the Board of Public Utilities, and amending and supplementing parts of the statutory law.

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

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

    48:2-1. [There is hereby established in the Executive Branch of the State Government a principal department which shall be known as the Department of Public Utilities. The Board of Public Utility Commissioners, hereinafter in this chapter designated as the "board," created and established by the act entitled "An act concerning public utilities; to create a board of public utility commissioners and to prescribe its duties and powers," approved April 21, 1911 (L.1911, c.195, p.374), as amended and supplemented, is continued and is designated the head of such principal department] The Board of Regulatory Commissioners, renamed the Board of Public Utilities pursuant to Reorganization Plan No. 001-1994, effective on July 4, 1994, and allocated in but not of the Department of the Treasury pursuant to that plan, is continued and is designated as the Board of Public Utilities or the "board".

    a. The board shall consist of [three] five citizens of this State who shall devote their entire time to the duties of the board and shall not engage in any occupation, profession or other gainful employment. Of these five citizens, at least one shall be a representative of consumer interests who shall have a demonstrated knowledge of, and expertise in, consumer protection issues, and at least one shall be a person who shall have at least a master's degree, and demonstrated expertise or training in: the public utility regulatory process; energy economics or public utility finance; engineering or physical science; energy supply or conversion systems; or telecommunications technology or regulatory policy.

    b. Members of the board shall be appointed by the Governor, with the advice and consent of the Senate, for terms of 6 years. A person who has had any official or professional employment, relation or connection with any public utility operating within this State during the five years immediately preceding the appointment of that person by the Governor shall not be qualified for board membership. The terms of office of the members of the board shall continue until their successors are appointed and qualified. No person shall act as a member of the board until [his] the appointment of that person has been confirmed by the Senate. Not more than [two] three of the members of the board shall be members of the same political party. All vacancies, except through the expiration of term, shall be filled for the unexpired term only.

    c. A person who has served as a member of the board or as an executive staff employee of the board shall not represent, accept employment with, or otherwise receive monetary or other compensation from any public utility operating within this State for a period of five years following the date of termination of service of that person.

(cf: P.L.1973, c.294, s.1)

    2. Section 2 of P.L.1948, c.90 (C.48:2-1.1) is amended to read as follows:

    2. The Governor shall designate one of the members of the [board of public utility commissioners] Board of Public Utilities as president of [such] the board. Any member of the board so designated shall serve as [such] the president at the pleasure of the Governor [designating him] making that designation and until [his] a successor has been designated. The president of the board shall be its presiding officer and the chief administrative officer of the [Department] Board of Public Utilities. The other members of the board shall be eligible to appointment to fill a vacancy in the office of president of the board.

(cf: P.L.1948, c.90, s.2)

    3. R.S.48:2-8 is amended to read as follows:

    48:2-8. a. No member or employee of the board shall have any official or professional relation or connection with, or hold any stock or securities in, any public utility as herein defined, operating within this State, or hold any other office of profit or trust under the government of this State or of the United States.

    b. No member of the board shall have had any official or professional employment, relation or connection with any public utility operating within this State during the five years immediately preceding the appointment of that person by the Governor.

    c. No member of the board shall represent, accept employment with, or otherwise receive monetary or other compensation from any public utility operating within this State for a period of five years following the date of termination of service of that person.

(cf: P.L.1973, c.294, s.3)

    4. R.S.48:2-9 is amended to read as follows:

    48:2-8. The board shall furnish its secretary or in [his] the absence of the secretary an assistant secretary [such] those of its findings and decisions as, in its judgment, may be of general public interest. The secretary or in [his] the absence of the secretary an assistant secretary shall compile the same for the purpose of publication in a series of volumes to be designated "Reports of the Board of Public [Utility Commissioners] Utilities of the State of New Jersey," which shall be published in [such] whatever form and manner as may be best adapted for public information and use. [Such] These publications shall be competent evidence of the reports and decisions of the [commission] board therein contained without any further proof or authentication thereof. The contents of the reports shall not be under the supervision or control of the official State editor.

(cf: P.L.1962, c.198, s.6)

    5. (New section) Nothing contained in the provisions of P.L. , c. (C. )(pending in the Legislature as this bill) shall be construed to authorize the Board of Public Utilities to request a supplemental appropriation for the current fiscal year or to increase the amounts specified in the annual budget recommendations made to the Director of the Division of Budget and Accounting for review and recommendation to the Governor for approval in the annual appropriations act for the ensuing fiscal year.

    6. This act shall take effect immediately.

STATEMENT

    This bill would increase the membership of the Board of Public Utilities from three to five citizen members. Of the five members, at least one must be a representative of consumer interests with a demonstrated knowledge of, and expertise in, consumer protection issues, and one must be a person with demonstrated expertise or training, and at least a master's degree in: the public utility regulatory process; energy economics or public utility finance; engineering or physical science; energy supply or conversion systems; or telecommunications technology or regulatory policy.

    The bill would provide that no person could be qualified for board membership who has had any official or professional employment, relation or connection with any public utility operating in New Jersey during the five years immediately preceding the proposed appointment of that person by the Governor.

    Further, a person who has served as a member of the board or as an executive employee of the board could not represent, accept employment with, or otherwise receive monetary or other compensation from any public utility operating in New Jersey for a period of five years following the date of termination of service of that person.

    The bill would also provide that the Board of Public Utilities is not authorized to request a supplemental appropriation for the current fiscal year, or to increase the amounts specified in its annual budget request for the ensuing fiscal year, due to the increase in its membership.

Increases membership of Board of Public Utilities from three to five members.