Bill Text: NJ A4391 | 2010-2011 | Regular Session | Introduced
Bill Title: "Emergency Information Access Act"; requires utility service providers to report severe weather and emergency related service; directs utility service providers and State Office of Emergency Management to present reported information online and via telephone.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2011-12-05 - Introduced, Referred to Assembly Law and Public Safety Committee [A4391 Detail]
Download: New_Jersey-2010-A4391-Introduced.html
Sponsored by:
Assemblyman UPENDRA J. CHIVUKULA
District 17 (Middlesex and Somerset)
Assemblyman CHARLES MAINOR
District 31 (Hudson)
SYNOPSIS
"Emergency Information Access Act"; requires utility service providers to report severe weather and emergency related service; directs utility service providers and State Office of Emergency Management to present reported information online and via telephone.
CURRENT VERSION OF TEXT
As introduced.
An Act requiring utility service providers to report severe weather and emergency related service interruptions and supplementing chapter 9 of Appendix A.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Emergency Information Access Act."
2. As used in this act:
"Attorney General" means the Attorney General of the State of New Jersey, or his or her designee.
"Interruption" means the cessation of electric, water, or gas utility service by one or more customers.
"Major catastrophic event" means a natural or humanly caused occurrence arising from conditions beyond the control of the utility, such as a thunderstorm, tornado, hurricane, flood, heat wave, or snow and ice storm, which results in: (1) a sustained interruption of utility service to at least 10 percent of the customers in an operating area or 10 percent of the customers of a municipality or county located in an operating area; or (2) the declaration of a state of emergency or disaster by the State or by the federal government.
"Mayor" means the mayor or chief executive of a municipality whether the official designation of his or her office be mayor, city manager, or otherwise, as appropriate to the form of government of the municipality.
"Operating area" means a geographical subdivision of each utility's service territory, as determined pursuant to regulations promulgated pursuant to section 6 of P.L. c. (C. ) (pending before the Legislature as this bill).
"State Office of Emergency Management," or "office" means the State Office of Emergency Management in the Division of State Police in the Department of Law and Public Safety.
"Utility" means the following: (1) any electric, gas, or water public utility that is regulated under the jurisdiction of the Board of Public Utilities; (2) any municipal or county utilities authority created pursuant to the "municipal and county utilities authorities law," P.L.1957, c.183 (C.40:14B-1 et seq.); or (3) any other person or entity who owns or operates any plant, equipment, or property in connection with the provision of electricity distribution service, potable water service, or natural gas distribution service.
3. a. Notwithstanding any law, rule, regulation, or order to the contrary, a utility shall, within 24 hours of a major catastrophic event, report information pertaining to service interruptions occurring in connection with the event within the utility's operating area to the State Office of Emergency Management and, upon request, to the mayor of each affected municipality. The report shall include the following information: (1) the cause of the interruption; (2) the estimated time of resumption of service; and (3) any health and safety advisories, including boil water advisories. The utility shall, upon submission of the report to the office, relay the information contained in the report, and any other information the utility deems appropriate, through posting on its website, and via audio message on a 24-hour toll-free telephone service maintained by the utility. Upon request thereafter, the utility shall provide to the mayor of each affected municipality a report of the same information as it pertains to that municipality. The utility shall provide daily updates to the mayor of each affected municipality of any new information as it pertains to that municipality.
b. Within 24 hours after submission of the initial report pursuant to subsection a. of this section, a utility shall provide to the State Office of Emergency Management, a report which shall include information in connection with the utility's work to restore interrupted service, including plans for ongoing work in each affected municipality; and factors which may hinder or delay restoration of service. The utility shall, upon submission of the report to the office, relay the information contained in the report, and any other information the utility deems appropriate, through posting on its website, and via audio message on a 24-hour toll-free telephone service maintained by the utility. Upon request thereafter, the utility shall provide to the mayor of each affected municipality a report of the same information as it pertains to that municipality. The utility shall provide daily updates to the mayor of each affected municipality of any new information as it pertains to that municipality.
c. The Department of Transportation, the New Jersey Turnpike Authority established under section 3 of P.L.1948, c. 454 (C.27:23-3), the South Jersey Transportation Authority established under section 4 of P.L.1991, c.252 (C.27:25A-4), and any other State or local entity having jurisdiction over any road or highway shall report any known road or highway closures in connection with a major catastrophic event involving a State or federal declaration of a state of emergency or disaster to the State Office of Emergency Management.
d. The office shall, within 24 hours of receiving a report or update under this section post the information contained in that report or update, and any other information the office deems appropriate, on its website, and shall list such information by county and by municipality. The office shall take appropriate steps to publicize the availability of the information posted pursuant to this subsection.
e. The office shall establish and maintain a 24-hour toll-free telephone service for the purpose of communicating via audio message, within 24 hours of receiving a report under this section, the information posted pursuant to subsection d. of this section. The office shall take appropriate steps to publicize the telephone service established pursuant to this subsection.
f. The office shall be entitled to call to its assistance and avail itself of the services of the employees of any State, county, or municipal department, board, bureau, commission or agency as it may require.
4. a. Any utility which fails to report information in connection with a service interruption pursuant to the provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be liable for a civil penalty of not more than $5,000 for each day that the violation continues. Any fine imposed pursuant to this section shall be collected or enforced, with costs, in a summary proceeding instituted by the Attorney General according to the procedure provided by the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior Court and municipal court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999," in connection with this section.
b. All civil penalties recovered pursuant to this section shall be paid into the General Fund.
5. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall limit the jurisdiction of the Board of Public Utilities over public utilities pursuant to R.S.48:2-1 et seq., notwithstanding the fact that a public utility may be a utility as defined in section 2 of P.L. , c. (C. ).
6. The State Office of Emergency Management, in consultation with the Board of Public Utilities, shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to effectuate the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).
7. This act shall take effect on the first day of the fourth month following enactment.
STATEMENT
This bill, the "Emergency Information Access Act," requires all providers of electric, water, and natural gas service to report service interruptions that occur in connection with a "major catastrophic event" to the State Office of Emergency Management and to mayors or other municipal chief executives, as appropriate, of affected municipalities. "Major catastrophic event" is defined to mean a natural or humanly caused occurrence arising from conditions beyond the control of the provider, such as a thunderstorm, tornado, hurricane, flood, heat wave, or snow and ice storm, which results in: (1) a sustained interruption of service to at least 10 percent of the customers in an operating area or 10 percent of the customers of a municipality or county located in an operating area; or (2) the declaration of a state of emergency or disaster by the Governor or by the President.
Under the bill, the provider must, within 24 hours of a major catastrophic event, report information pertaining to service interruptions occurring in connection with the event within the provider's operating area to the State Office of Emergency Management ("office") and, upon request, to the mayor or chief executive of each affected municipality. The report must include the following information: (1) the cause of the interruption; (2) the estimated time of resumption of service; and (3) any health and safety advisories, including boil water advisories. The provider must, within 24 hours of a major catastrophic event, provide to the State Office of Emergency Management, a report which shall include information in connection with the utility's work to restore interrupted service, including plans for ongoing work in each affected municipality; and factors which may hinder or delay restoration of service.
Within 24 hours after submission of the initial report, a provider must issue to the office, and upon request, to the mayor of each affected municipality, a report which would include information in connection with: (1) the provider's work to restore interrupted service, including plans for ongoing work in all affected municipalities or in the mayor's municipality, as appropriate; and (2) factors which may hinder or delay restoration of service.
In addition, the bill directs that, upon submission of each report, a provider shall relay the information contained in the report, and any other information the provider deems appropriate, through posting on its website, and via audio message on a 24-hour toll-free telephone service maintained by the provider. A provider is also required to provide daily updates to the mayor of each affected municipality of any new information as it pertains to that municipality.
The bill requires the New Jersey Department of Transportation, the New Jersey Turnpike Authority, the South Jersey Transportation Authority, and any other State or local entity having jurisdiction over any road or highway to report to the office any known road or highway closures resulting from a major catastrophic event involving a declaration of emergency.
The bill directs the office to post on its website, and communicate on a telephone service line established by the office, within 24 hours of receipt, the information reported to the office pursuant to the bill. The office is required to list the information by county and municipality and take appropriate steps to publicize the telephone service and availability of information on its website.
Any provider who fails to report interruption related information pursuant to the bill would be liable for a civil penalty of not more than $5,000 for each day that the violation continues.
