A4972

An Act concerning membership of the Board of Public Utilities and amending R.S.48:2-1.

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. a. The Board of Public Utilities, named 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.”

b. The board shall consist of 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.

c. Members of the board shall be appointed by the Governor, with the advice and consent of the Senate, for terms of six years, except as provided in paragraphs (1) through (5) of subsection e. of this section. 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 that person's appointment has been confirmed by the Senate. Not more than 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.

d. The term of any member appointed to the board prior to the effective date of P.L. , c. (pending before the Legislature as this bill) shall cease. However, each member serving on the board immediately prior to the effective date of P.L. , c. (pending before the Legislature as this bill) shall continue to serve until the Governor has appointed, or reappointed, a member to fill each vacancy on the board pursuant to subsection e. of this section.

e. Within 90 days of the effective date of P.L. , c. (pending before the Legislature as this bill), the Governor shall, pursuant to subsection c. of this section, appoint a new member, or reappoint a member whose term has ended pursuant to subsection d. of this section, to fill each vacancy on the board as follows:

(1) one member shall serve for a term of two years;

(2) one member shall serve for a term of three years;

(3) one member shall serve for a term of four years;

(4) one member shall serve for a term of five years; and

(5) one member shall serve for a term of six years.

Thereafter, any appointment to the board shall be for a term of six years and the terms shall remain staggered.

f. For appointments made to the board after the effective date of P.L. , c. (pending before the Legislature as this bill):

(1) at least one member of the board shall have experience in energy affordability and consumer protection; and

(2) at least one member of the board shall have experience in grid engineering, utility operation, or emergency reliability.

(cf: P.L.2001, c.132, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill amends current law to revise the membership terms for members of the Board of Public Utilities (BPU). Upon enactment of the bill, members of the BPU are required to be appointed within 90 days of the bill’s effective date. The bill then provides for initial terms of office for members of the BPU. Thereafter, any appointment to the BPU will be for six years and the terms are required to remain staggered.

Additionally, this bill requires certain members of the BPU to have certain experience. Under the bill, at least one member of the BPU is required to have experience in energy affordability and consumer protection. Additionally, at least one member of the BPU is required to have experience in grid engineering, utility operation, or emergency reliability.