Title 48, Title 48: PUBLIC UTILITIES

48:2-46. Setting aside orders The Superior Court, appellate division is hereby given jurisdiction to review any order of the board and to set aside such order in whole or in part when it clearly appears that there was no evidence before the board to support the same reasonably or…

48:2-47. Ordering rehearing by board If, with respect to any order brought under review it shall appear equitable and just that a rehearing should be had before the board, the Superior Court, appellate division may order that a rehearing be had before the board upon such terms an…

48:2-49. Performing, participating in or causing prohibited acts Any person who shall knowingly and willfully perform, commit or do, or participate in performing, committing or doing, or who shall knowingly and willfully cause, participate or join with others in causing any publi…

48:2-5. Salary The members of the board shall each receive such compensation as shall be provided by law. Amended by L.1962, c. 65, s. 10; L.1962, c. 198, s. 3; L.1973, c. 294, s. 2, eff. Jan. 1, 1974; L.1974, c. 55, s. 4, eff. July 1, 1974.

48:2-50. Failure to perform required acts Any person who shall knowingly and willfully neglect, fail or omit to do or perform, or who shall knowingly and willfully cause or join or participate with others in causing any public utility company to neglect, fail or omit to do or per…

48:2-51. Utilities acting unlawfully Any public utility company which shall perform, commit or do any act or thing prohibited or forbidden by this chapter or by sections 48:3-1 to 48:3-7, 48:3-9, 48:3-10, or 48:12-90 of this title, or which shall neglect, fail or omit to do or pe…

48:2-51.1 Acquisition of control of public utility; approval of board of public utilities; exceptions. 1. a. Except as otherwise provided by subsection b. of this section, no person shall acquire or seek to acquire control of a public utility directly or indirectly through the me…

48:2-52. Rights preserved This chapter shall not have the effect to release or waive any right of action by the board or by any person for any right, penalty or forfeiture which may have arisen or which may arise under any of the laws of this state. Any penalty or forfeiture enfo…

48:2-56 Fees and charges. 1. The Board of Public Utilities is hereby empowered, authorized and required to charge and collect fees and charges for the purposes and in the amounts hereinafter set out. A. Filing of Annual Reports Charge Per Report (1) Sewer ........................…

48:2-56.1 Bus inspection fees, revenue of the commission. 2. Moneys received from fees collected by the commission pursuant to section 1 of P.L.1959, c.43 (C.48:2-56) for the bus inspection program shall be revenues of the commission and shall not be subject to the calculation of…

48:2-57. Disposition of fees and charges All fees and charges collected under the provisions of this act shall be received by the board for the sole use of the State of New Jersey and the board shall report on and return to the State Treasurer all such fees and charges collected …

48:2-58. Repeal "An act authorizing, empowering and requiring the Board of Public Utility Commissioners to charge and collect fees with respect to matters coming before the board, charges for copies of publications, reports and other papers and subpoenas issued by the board, for …

48:2-59. Annual assessments To enable the Board of Public Utility Commissioners in the Department of Public Utilities to better perform its lawful duties relating to service, classifications to be used, rates and charges to be made and collected, rules and regulations to be presc…

48:2-6. Traveling expenses The members, secretary, assistant secretaries and other employees of the board shall be entitled to receive from the State their necessary traveling expenses while traveling on the business of the board. Such traveling expenses shall be paid on proper v…

48:2-60. Amount of assessment The assessment shall be equal to a percentage of the gross operating revenue of the public utilities under the jurisdiction of the board derived from intrastate operations during the preceding calendar year at a rate to be determined annually by the …

48:2-61. Exclusion of operating revenue derived from service receiving public funds Operating revenue derived from any service provided or performed by any public utility which is receiving public funds in connection with such service under contracts with the State pursuant to th…

48:2-62. Levy of assessment; time for payment; gross operating revenues statement The assessment prescribed by sections 1 and 2 shall be levied by the Board of Public Utility Commissioners not later than July 1, and shall be paid within 30 days after mailing by first class mail t…

48:2-63. Objections to statement; hearing Within 15 days after the date of mailing a statement as provided in this act, the public utility or public mover against which the statement is rendered may file with the board its objections thereto. Not less than 30 nor more than 60 day…

48:2-64. Findings of board If after the hearing the board finds any part of the charge against the objecting public utility or public mover excessive, erroneous, unlawful or invalid, it shall record its findings upon its minutes and transmit to the objector, by registered mail, a…

48:2-65. Payment of statement objected to; notice of delinquency If a statement against which objections are filed is not paid within 30 days after mailing to the objector notice of a finding that the objections have been disallowed, or in case an amended statement is not paid wi…

48:2-66. Action for recovery of payments No action for recovery of an amount paid under the terms of this act shall be maintained in any court unless objections have been filed with the board. In an action for recovery of any payments, plaintiff may raise any relevant issue of la…

48:2-67. Payment necessary prior to action contending assessment excessive, erroneous or unlawful No action or proceeding shall be maintained in any court for the purpose of restraining or delaying the collection or payment of a statement rendered in accordance with the provision…

48:2-68. Procedure The procedure provided in this act for determining the lawfulness of statements and the recovery of payments made pursuant to statements of assessments shall be exclusive of all other remedies and procedures. L.1968, c. 173, s. 10, eff. July 16, 1968.

48:2-69. Failure to pay or file objections; notice to state treasurer If any public utility or public mover to which a statement for the amount assessed against it as provided in this act has been rendered fails or refuses to pay the amount within 15 days, or fails to file with t…

48:2-7. Purchase of necessary materials The board shall purchase such materials, apparatus and measuring instruments as it may deem necessary.

48:2-70. Collection Within 10 days after receipt of the notice and certified copy of the statement, the State Treasurer shall proceed to collect the amount stated to be due, with legal interest, by seizure and sale of any goods or chattels, including stocks, securities, bank acco…

48:2-71. Disposition of moneys All moneys received by the board under the provisions of this act shall be paid to the State Treasurer. L.1968, c. 173, s. 13, eff. July 16, 1968.

48:2-72. Companies not subject to fees and charges by commissioners The provisions of sections 1 of P.L.1959, c. 43 (C. 48:2-56) and 11 of P.L.1968, c. 375 (C. 48:22-11) relating to the collections of fees and charges by the Board of Public Utility Commissioners, shall be inappli…

48:2-73. Short title 1. Sections 1 through 19 of this act shall be known and may be cited as the "Underground Facility Protection Act." L.1994,c.118,s.1.

48:2-74. Findings, declarations, determinations 2. The Legislature finds and declares that damage to underground facilities caused by excavation and the discharge of explosives poses a significant risk to the public safety; that such damage to underground natural gas facilities p…

48:2-75 Definitions. 3. As used in this act: "Board" means the Board of Public Utilities; "Business day" means any day other than Saturday, Sunday, or a nationally or State recognized holiday; "Damage" means any impact or contact with an underground facility, its appurtenances or…

48:2-76. One-Call Damage Prevention System, established; rules, regulations 4. The Board of Public Utilities shall establish a One-Call Damage Prevention System pursuant to the provisions of this act, and may adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 …

48:2-77. Operation of One-Call Damage Prevention System 5. a. Five years after the effective date of this act, the board shall designate, through an appropriate administrative mechanism, a person to operate the One-Call Damage Prevention System. The board may, as necessary, adopt…

48:2-78. Appropriate waiver conditions 6. The board may grant a waiver from the requirements of section 8 of this act for such reasons as it deems appropriate. The board shall have sole jurisdiction and authority for reviewing and granting or denying any waiver requested pursuant…

48:2-79. System operator, responsibilities 7. The system operator shall: a. Operate the One-Call Damage Prevention System, which shall include but not be limited to the services described in section 4 of this act; b. Establish a schedule of fees under which each operator shall pa…

48:2-8 Connection with public utilities or government office. 48:2-8. No member or employee of the board shall have any official or professional relation or connection with, or hold any stock or securities in, any public utility as herein defined, operating within this State, or …

48:2-80 Underground facility operator, responsibilities; underground facility markings. 8. a. Except as provided in sections 6 and 9 of this act, the operator of an underground facility shall: (1) Participate in and comply with the requirements of the One-Call Damage Prevention S…

48:2-81. Marking of facilities; nonapplicability; excavation, permitting process on State property 9. a. The requirement, pursuant to paragraph (2) of subsection a. of section 8 of this act, for an operator to mark, stake, locate or otherwise provide the position of its undergrou…

48:2-82 Notification of the One-Call Damage Prevention System; excavator's duties. 10. a. An excavator shall notify the One-Call Damage Prevention System established pursuant to section 4 of this act of his intent to engage in excavation or demolition not less than three business…

48:2-83. Proof of notification required for permission to excavate 11. The provisions of any other law, rule, regulation or ordinance to the contrary notwithstanding, any permit or permission for a road opening, building, blasting, demolition or excavation granted by a public ent…

48:2-84. Nonapplicability to emergencies 12. The provisions of this act shall not apply when an excavation or demolition is undertaken in response to an emergency, provided that the One-Call Damage Prevention System is notified at the earliest reasonable opportunity and that all …

48:2-85. Map of pipeline; filing 13. a. An operator of an interstate natural gas pipeline or an interstate hazardous liquid underground pipeline shall file a map depicting the route of the pipeline in this State with the clerk of each municipality in the State through which the i…

48:2-86 Violation of act; injunction; civil penalties. 14. a. Whenever it appears to the board that a person has violated any provision of P.L.1994, c.118 (C.48:2-73 et al.), or any rule, regulation, or order adopted pursuant thereto, it may issue an order specifying the provisio…

48:2-87. Illegal excavation; disorderly persons offense, third degree crime 15. Any person who knowingly engages in an excavation without: a. First using the One-Call Damage Prevention System to determine the location of underground facilities in the area being excavated; or b. H…

48:2-88. Penalty for operator violations 16. a. An operator or excavator, or the person who operates the One-Call Damage Prevention System, who violates any provision of this act or any rule or regulation or order adopted pursuant thereto shall be liable to a civil penalty of not…

48:2-89. Notice failure, prima facie evidence of negligence 17. Evidence that an excavation or demolition that results in any damage to an underground facility was performed without providing the notice required pursuant to section 10 of this act shall be prima facie evidence in …