Sponsored by:
Senator BRIAN P. STACK
District 33 (Hudson)
SYNOPSIS
Prohibits public utilities from discontinuing residential electric, gas, water, and sewer service after expiration of coronavirus public health emergency; requires those utilities to implement deferred payment agreements for those services.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting a public utility from discontinuing electric, gas, water, and sewer services to residential customers following the expiration of the coronavirus public health emergency and amending various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.48:2-24 is amended to read as follows:
[No] 48:2-24. a. A public utility shall not discontinue, curtail, or abandon any service without obtaining permission from the board after notice and in compliance with the provisions of subsection b. of this section. The board may withhold permission until after a hearing to determine if the discontinuance, curtailment, or abandonment will adversely affect public convenience and necessity. With respect to common carriers, the provisions of this paragraph shall apply only to service operated in accordance with base schedules on file with the board; provided, however, that the State Highway Commissioner upon entering into a contract for passenger service pursuant to chapter 66 of the laws of 1960, as amended and supplemented, may, without approval of the board, authorize a discontinuance, curtailment, abandonment, or change in passenger service, which discontinuance, curtailment, abandonment, or change in service shall exist only during the term of said contract.
A public utility may terminate service for a violation of the terms of its approved tariffs on file with the [Board of Public Utility Commissioners] board upon giving the customer at least [3] three days' notice of such termination unless otherwise provided for by rules, regulations, or orders of the board, except that in those situations where a hazardous condition prevails the public utility may terminate service without notice.
If any public utility shall discontinue, curtail, or abandon service and the board after hearing upon notice shall find and determine that service should be resumed, the board may order that service be resumed forthwith or on such date as it may fix.
b. Notwithstanding the foregoing, or the provisions of any law, rule, regulation, or order to the contrary, except when a public utility experiences a public utility emergency, as defined in section 1 of P.L.2002, c.107 (C.48:2-24.2), a public utility providing electric, gas, sewer, or water service shall not discontinue, curtail, or abandon service for the sole reason of a residential customer service bill payment delinquency for 180 days following the expiration of the coronavirus 2019 pandemic public health emergency and state of emergency declared on March 9, 2020 by the Governor, pursuant to Executive Order No. 103, and extended, where applicable. Instead, a public utility shall enter into a deferred payment agreement with the residential customer under terms and conditions established by the board. The terms and conditions so established, shall, at a minimum, allow the residential customer to make monthly payments to the public utility, over a period of at least 48 months. The public utility is prohibited from discontinuing, curtailing, or abandoning service as long as the residential customer complies with the terms and conditions of the deferred repayment plan.
(cf: P.L.1964, c.58. s.1)
2. Section 1 of P.L.2002, c.107 (C.48:2-24.2) is amended to read as follows:
1. a. Any public utility as defined in R.S.48:2-13, which discontinues gas, electric, sewer, or water service to a multifamily housing unit customer for safety related purposes due to a public utility emergency, shall provide written or verbal notice of the discontinuance to the chief law enforcement officer of the municipality in which the customer's premises are located or the Superintendent of the State Police, as appropriate, within 12 hours after the public utility discontinues service to the customer, except that if service has been fully restored to the customer prior to the expiration of the 12 hours, the public utility shall not be required to provide notice pursuant to this subsection.
b. For the purposes of this section:
"multifamily housing unit customer" means a customer who resides in housing in which three or more units of dwelling space are occupied, or are intended to be occupied, by three or more persons who live independently of one another.
public utility emergency means any condition constituting a potential danger to life, health, or property requiring a public utility to immediately discontinue or interrupt electric, gas, sewer, and water service or that results in an unscheduled discontinuance or interruption in electric, gas, sewer, and water service.
[b.] c. The notice required by subsection a. of this section shall include the name of the customer and the address of the premises where service was discontinued provided that such information is available to the public utility.
(cf: P.L.2002, c.107. s.1)
3. Section 2 of P.L.2019, c.154 (C.48:2-29.49) is amended to read as follows:
2. a. An electric public utility shall request from every residential customer, on a semi-a