New Jersey S 1741: Regulates smoking in multiple dwellings; requires Commissioner of Community Affairs to promulgate construction standards for new multiple dwellings permitting smoking.

Bill Text

S1741 

SENATE, No. 1741 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator PARKER SPACE

District 24 (Morris, Sussex and Warren)

Senator� BRIAN P. STACK

District 33 (Hudson)

SYNOPSIS

���� Requires public utility to reimburse the State or 
local unit, in certain circumstances, for costs incurred in securing 
potentially dangerous condition caused by property controlled by the public 
utility.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act requiring a public utility to reimburse the State or 
local unit of government for costs incurred in securing the site of a 
potentially dangerous condition in certain circumstances and amending P.L.1993, 
c.366.

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

���� 1.� Section 1 of P.L.1993, 
c.366 (C.2A:62A-21) is amended to read as follows:

���� 1.� a.� In addition to 
any other right of action or recovery otherwise available under law, whenever 
any law enforcement officer, firefighter, or member of a duly incorporated 
first aid, emergency, ambulance or rescue squad association suffers any injury, 
disease or death while in the lawful discharge of his official duties and that 
injury, disease or death is directly or indirectly the result of the neglect, 
willful omission, or willful or culpable conduct of any person or entity, other 
than that law enforcement officer, firefighter or first aid, emergency, 
ambulance or rescue squad member's employer or co-employee, the law enforcement 
officer, firefighter, or first aid, emergency, ambulance or rescue squad member 
suffering that injury or disease, or, in the case of death, a representative of 
that law enforcement officer, firefighter or first aid, emergency, ambulance or 
rescue squad member's estate, may seek recovery and damages from the person or 
entity whose neglect, willful omission, or willful or culpable conduct resulted 
in that injury, disease or death.� 

���� b.� (1)� Whenever property 
under the control of a public utility results in a potentially dangerous 
condition that is accessible to the general public, and the State or a local 
unit of government deploys one or more law enforcement officers, firefighters, public 
works employees, or other persons to secure the potentially dangerous condition 
of property for the purpose of protecting the safety and welfare of the general 
public from exposure to the potentially dangerous condition, the State or local 
unit of government may file a claim for reimbursement with the public utility 
responsible for maintaining the property for the costs incurred by the State or 
local unit of government in securing the potentially dangerous condition of 
property and protecting the general public from exposure to the potentially 
dangerous condition.� A public utility that receives a claim for reimbursement 
pursuant to this subsection shall pay over to the State or local unit of 
government the amount of costs incurred by the State or local unit.� The 
provisions of this subsection shall not apply to the period during which the 
property at issue is the subject of a declared state of emergency.

���� (2)� As a condition to 
filing a claim for reimbursement with a public utility pursuant to this 
subsection, the State or local unit of government shall have: provided notice 
to the public utility of the potentially dangerous condition, informing the 
public utility of its duty and obligation to secure the potentially dangerous 
condition; and deployed personnel to secure the scene.

���� (3)� The State or a local 
unit of government shall not file a claim pursuant to this subsection if, within 
one hour following the State or a local unit of government�s provision of 
notice pursuant to paragraph (2) of this subsection, the public utility has 
deployed personnel sufficient to assume control over the potentially dangerous 
condition and to protect the general public from risk of injury or loss. 

���� (4)� Within 45 days of the 
date of enactment of P.L.��� , c.��� (pending before the Legislature as this 
bill), the Commissioner of Community Affairs shall establish a fee schedule to 
guide the State and local units of government in preparing and submitting 
claims for reimbursement to public utilities, which fee schedule shall be based 
upon: the Schedule of Equipment Rates covering costs eligible under the federal 
Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. s.5121, 
et seq.; and information regarding the use of that schedule as described in 44 
C.F.R. s.206.228 Allowable Costs.� 

���� (5)� (a)� Within 30 days of 
the date of enactment of P.L.��� , c.��� (pending before the Legislature as 
this bill), the Board of Public Utilities shall: review and verify the names 
and emergency contact information filed with the board by each public utility 
pursuant to R.S.48:2-17; and c