Sponsored by:
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblywoman NANCY J. PINKIN
District 18 (Middlesex)
SYNOPSIS
Requires BPU to establish and maintain electronic public records access service on its website; requires BPU to provide certain notice of its meetings and hearings and allow public comment.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain functions and duties of the Board of Public Utilities and supplementing Title 48 of the Revised Statutes and amending R.S.48:2-40.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) As used in sections 1 and 2 of P.L. , c. (C. ) (pending before the Legislature as this bill):
Access service means the electronic public records access service established, maintained, and updated, as appropriate, by the board, through the board s Internet website, pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
Board means the Board of Public Utilities or any successor agency.
Emergency means a period of time during which the Governor has declared the existence of a public health emergency, pursuant to section 3 of P.L.2005, c.222 (C.26:13-3), or a state of emergency, pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.).
2. (New section) a. No later than 90 days after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), the board shall establish, maintain, and update, as appropriate, an access service), through the board s Internet website, that shall allow users to obtain board proceeding documents and docket information online. The access service shall allow users to submit all filings and comments, in electronic or in printed form, to the board and shall provide for the managing and facilitating of public access to all filings, orders, notices, rulemakings, comments, or other board proceeding documents. The access service shall be subject to all of the following requirements:
(1) as soon as practicable, and not later than seven calendar days after a document is filed with the board, the document shall be publicly accessible on the access service, unless a longer period of time is needed, as determined by the board, during an emergency;
(2) all documents on the access service shall be available to the public and to parties before the board free of charge;
(3) any information within a document that is prohibited from public disclosure by law or board order shall be redacted;
(4) all documents shall be text-searchable and machine-readable;
(5) to the extent practicable, external websites shall be able to link documents to the access service;
(6) the access service shall
include digital audio and visual files of board recordings when those files become
available; and
(7) the access service shall provide a search function for public use.
b. In developing the access service, the board:
(1) shall not impose, to the extent practicable, a disproportionate impact on pro se litigants; and
(2) shall implement technology in order to improve security, data accessibility, affordability, and performance, and to minimize the burden on pro se litigants.
3. (New section) a. Notwithstanding the provision of written advance notice of at least 48 hours, but otherwise in conformity with the other provisions of the "Senator Byron M. Baer Open Public Meetings Act," P.L.1975, c.231 (C.10:4-6 et seq.), the Board of Public Utilities shall make available to the public on its electronic public records access service, established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), advance notice of every public meeting and hearing conducted by the board seven calendar days prior to the day of the meeting or hearing, unless a longer period of advance notice is required by law, or a shorter period of advance notice is required, as determined by the board, during an emergency. The provision of this subsection shall apply to every public board meeting or hearing regardless of the number of board members present at the meeting or hearing.
b. For every public meeting or hearing conducted by the Board of Public Utilities, as authorized by law, the board shall:
(1) provide, in the advance notice of that public meeting or hearing, pursuant to subsection a. of this section, a description of any action that may be taken by the board under each listed agenda item in the notice; and
(2) set aside a portion of the meeting or hearing to allow members of the public to comment on the subject matter of the action described in the written advance notice.
c. As used in this subsection, emergency means a period of time during which the Governor has declared the existence of a public health emergency, pursuant to section 3 of P.L.2005, c.222 (C.26:13-3), or a state of emergency, pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.), within this State.
4. 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 issuance of an order.
b. (1) After the effective date of P.L.2011, c.63, the board shall issue every order in written form. After the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill), if a written order, whether in draft or final form, is prepared for consideration by the board prior to a meeting, the board shall make available to the public on its electronic public records access service, established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), the text of the written order seven calendar days prior to the day of that meeting.
(2) If a matter is an emergency that affects public health and safety, the board may issue a temporary order on the matter orally, but shall within 14 days thereafter issue the order as a written order that does not differ substantively from the oral order. Any board order issued orally may be made effective immediately, but, regardless of its effective date, if that order is not issued in written form within 14 calendar days thereafter, or the written order is substantively different from the oral order, the oral order shall be void and of no effect as of the 15th calendar day after its issuance.
c. The board shall issue any written order by filing a copy thereof with the board secretary. Every written order issued by the board shall be:
(1) served upon