S3402

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.