S4756

An Act requiring electric public utilities to prioritize certain communities on well water or septic systems and amending and supplementing P.L.2021, c.29.

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

1. Section 1 of P.L.2021, c.29 (C.48:7-26) is amended as follows:

1. As used in P.L.2021, c.29 (C.48:7-26 et seq.):

"Assisted living facility" means an assisted living residence or comprehensive personal care home licensed pursuant to P.L.1971, c.136 (C.26:2H-1 et seq.).

"Board" means the Board of Public Utilities or any successor agency.

"DNA" means deoxyribonucleic acid.

"Electric public utility" means a public utility, as that term is defined in R.S.48:2-13, that transmits and distributes electricity to end users within this State.

"Extended power outage" means an electric power outage lasting more than 24 hours.

"Facility" means an assisted living facility; hospital; chronic or acute renal dialysis facility; clinical or research laboratory or institute that stores human blood, other human tissue, or human DNA; or nursing home.

"Hospital" means hospital licensed pursuant to P.L.1971 c.136 (C.26:2H-1 et seq.).

"Major event" means a natural or humanly caused occurrence arising from conditions beyond the control of the utility, including, but not limited to, a terrorist attack, thunderstorm, tornado, hurricane, flood, heat wave, snow storm, ice storm, or earthquake, which results in:

a. a sustained interruption of electric public utility service to at least 10 percent of the customers in an operating area or 10 percent of a utility's customers within a municipality or county located in an operating area; or

b. the declaration of a state of emergency or disaster by the State or by the federal government.

"Nursing home" means a nursing home licensed pursuant to P.L.1971 c.136 (C.26:2H-1 et seq.).

“Priority service restoration” means prioritizing electric power service restoration to certain facilities essential to the public welfare, including private well water and septic communities.

“Private well water and septic community” or “community” means a municipality within the utility’s service territory where at least 40 percent of electric public utility residential customers rely on private well water at the customer’s residence.

“Sustained interruption” means the cessation of electric public utility service to one or more customers lasting more than 12 consecutive hours after the conclusion of a major event where the utility service cessation was caused by that major event.

(cf: P.L.2021, c.29, s. 1.)

2. (New section) a. The board shall require electric public utilities to identify private well water and septic communities and develop a priority service restoration plan for each community in the event of a sustained interruption. The board shall require the priority service restoration plans to include provisions that provide at least one watering station, which shall include, but not be limited to, bottled water, at least one water tanker truck, and any other water resource in accordance with the community's needs, including water for livestock, to a community after a sustained interruption.

b. Each electric public utility shall submit a priority service restoration plan to the board within one year of the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) and the board shall post all priority service restoration plans upon board’s website.

3. This act shall take effect on the 60th day after the date of enactment, but the Board of Public Utilities may take any anticipatory administrative action in advance thereof as shall be necessary for the timely implementation of P.L. , c. (C. ) (pending before the Legislature as this bill).

STATEMENT

This bill requires the Board of Public Utilities (board) to require an electric public utility to identify each private well water and septic community within the utility’s service territory and to develop a priority service restoration plan for each community in the event of a sustained interruption of an electrical public utility’s service following a major event. The bill further requires the priority service restoration plans to include at least one watering station, at least one water tanker truck, and any other water resource in accordance with the community's needs. The bill also requires each electric public utility to provide all priority service restoration plans within one year of the effective date of this bill. Finally, this bill requires the board to post all priority service restoration plans upon the Internet website of the board.

The purpose of this bill is for these communities to receive the same service restoration as other facilities, which is essential to the general public welfare. Because private well water and septic communities are exceptionally susceptible to negative health outcomes in the event of a disruption, it is the sponsor’s intent that these communities’ needs are addressed in a timely manner.