An Act creating the New Jersey Task Force on Underground Utility Lines to study the feasibility of installing utility lines underground.

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

1. The Legislature finds and declares that:

a. Due to the significant impact upon New Jersey because of severe weather events in recent years which include the devastation caused by the storm system of late October 2012, commonly referred to as "Hurricane Sandy," and a variety of other factors related to electric and gas utility reliability, there is increasing interest in the placement of existing and proposed overhead utility lines underground.

b. Many areas of the nation have adopted programs to place overhead utility lines underground in order to reduce maintenance costs, reduce the number of weather and accident-related utility service disruptions, address public health and safety concerns related to electric and magnetic field exposure, and to minimize visual pollution.

c. Although there may be many benefits to installing utility lines underground, there may be certain drawbacks to this practice, including the high cost of relocating existing overhead lines to underground areas, the potential for utility disruptions from the negligent actions of contractors who damage underground lines while working on projects, and the adverse impact on underground utility lines from seismic or weather-related events such as flooding and washouts.

d. It is therefore in the public interest to establish a New Jersey Task Force on Underground Utility Lines to study the advantages and disadvantages of installing utility lines underground and to develop and submit recommendations to the Governor and the Legislature concerning the feasibility of expanding the number of underground utility lines in this State.

2. a. There is established in the Department of Community Affairs, the New Jersey Task Force on Underground Utility Lines. The purpose of the task force shall be to conduct a study of the issues related to the placement of overhead utility lines underground including, but not limited to, the identification and compilation of existing and proposed locations for underground utility lines, legal ramifications, cost apportionment, land use, public safety and health, cost abatement measures, environmental conditions, technological issues, impact on tourism, aesthetic impressions, and overall effect upon the quality of life in this State.

b. The task force shall also compile a list of federal and State laws and local ordinances that may affect the placement of utility lines underground, identify appropriate methods of collecting information from representatives of appropriate interest groups and from the public-at-large, and evaluate whether the placement of existing and proposed overhead utility facilities underground should be required, and if so, under what conditions.

c. The task force shall consist of 11 members as follows:

(1) the Attorney General, the Commissioner of Community Affairs, the President of the Board of Public Utilities, and the State Treasurer, or their designees, who shall serve ex-officio;

(2) three public members who shall be appointed by the Governor, including one representative of the business community, one representative of organized labor, and one individual appointed to represent the interests of utility customers;

(3) one member appointed by the Governor upon the recommendation of the President of the Senate;

(4) one member appointed by the Governor upon the recommendation of the Speaker of the General Assembly;

(5) one member appointed by the Governor upon the recommendation of the Senate Minority Leader; and

(6) one member appointed by the Governor upon the recommendation of the Assembly Minority Leader.

d. Within 90 days after the effective date of P.L c. (C. ) (pending before the Legislature as this bill), a majority of the task force's authorized membership shall be appointed and the task force shall hold its initial meeting. The task force shall organize upon the appointment of a majority of its authorized membership and shall elect a chair from among the members. The members of the task force, other than those serving ex-officio, shall serve for the duration of the existence of the task force. Any vacancy shall be filled in the same manner as the original appointment. The task force members shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties.

e. Not later than 180 days after the initial meeting of the task force, the task force shall issue a report to the Governor and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), which shall include, but not be limited to, a cost-benefit analysis concerning the installation of utility lines underground, the extent to which utility lines have already been installed underground in this State, recommendations concerning the feasibility of expanding the number of installations of underground utility lines, the various options for financing the cost of such expansions, any other information relevant to the subject of the report, and any draft legislation the task force deems appropriate to implement the purposes of P.L. , c. (C. ) (pending before the Legislature as this bill).

f. The task force shall be entitled to the assistance and services of the employees of any State board, bureau, commission, or agency as it may require and as may be available to it for these purposes including, but not limited to, stenographic and clerical assistants.

g. The Department of Environmental Protection and the Board of Public Utilities shall assist the task force in the performance of its duties and provide the task force with studies, data, or other materials in the possession of those entities, to the extent that such materials are relevant to the purposes of the task force.

3. This act shall take effect immediately and shall expire upon the issuance of the report submitted by the task force pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).

STATEMENT

This bill establishes in the Department of Community Affairs, the "New Jersey Task Force on Underground Utility Lines" (task force). The purpose of the task force shall be to study and evaluate the extent to which underground utility lines have been installed in this State, and to develop recommendations relating to the feasibility of expanding the number of underground utility line installations, the various options for the financing of such expansion, and the consequences of expanding installation of underground utility lines in this State.

The task force is to be composed of 11 members as follows:

(1) the Attorney General, the Commissioner of Community Affairs, the President of the Board of Public Utilities, and the State Treasurer, or their designees, who are to serve ex-officio;

(2) three public members who are to be appointed by the Governor, including one representative of the business community, one representative of organized labor, and one individual appointed to represent the interests of utility customers;

(3) one member to be appointed by the Governor upon the recommendation of the President of the Senate;

(4) one member to be appointed by the Governor upon the recommendation of the Speaker of the General Assembly;

(5) one member to be appointed by the Governor upon the recommendation of the Senate Minority Leader; and

(6) one member to be appointed by the Governor upon the recommendation of the Assembly Minority Leader.

The bill requires the task force to issue a report to the Governor and the Legislature, not later than 180 days after the initial meeting of the task force, which shall include a costs-benefit analysis concerning the installation of utility lines underground, the extent of existing underground utility lines installed in this State, recommendations concerning expansion of underground utility line installations, the financing of such expansion, any other relevant information, and any draft legislation to implement the purposes of this bill.