N.J. Admin. Code § 14:3-8.2

Current through Register Vol. 56, No. 9, May 6, 2024
Section 14:3-8.2 - Definitions

In addition to the definitions at 14:3-1.1 and 14:4-1.2, the following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

"Applicable tariff" means the tariff, filed with and approved by the Board, that covers the geographic area in which a particular development or extension is located.

"Applicant for an extension" means a person that has applied to the appropriate regulated entity, as defined at N.J.A.C. 14:3-1, for the construction of an extension as defined at 14:3-8.2.

"Area not designated for growth" means an area that is not a designated growth area as defined herein.

"Cost" means, with respect to the cost of construction of an extension, actual and/or site-specific unitized expenses incurred for materials and labor (including both internal and external labor) employed in the actual design, construction, and/or installation of the extension, including overhead directly attributable to the work, as well as overrides or loading factors, such as those for mapping and design. This term does not include expenses for clerical, dispatching, supervision, or general office functions.

"Center designation" or "designated center" means a center that has been officially recognized as such by the State Planning Commission in accordance with its rules at N.J.A.C. 5:85 or in the Pinelands Area, a center recognized as such pursuant to a valid Memorandum of Agreement between the New Jersey Pinelands Commission and the New Jersey State Planning Commission.

"Designated growth area" means an area depicted on the New Jersey State Planning Commission State Plan Policy Map as:

1. Planning Area 1 (Metropolitan Planning Area, or PA-1);

2. Planning Area 2 (Suburban Planning Area, or PA-2);

3. A designated center;

4. An area identified for growth as a result of a petition for municipal plan endorsement that has been approved by the State Planning Commission pursuant to N.J.A.C. 5:85-7;

5. A smart growth area and planning area designated in a master plan adopted by the New Jersey Meadowlands Commission pursuant to subsection (l) of section 6 of 13:17-6; or

6. A Pinelands Regional Growth Area, Pinelands Village or Pinelands Town, as designated in the Comprehensive Management Plan prepared and adopted by the Pinelands Commission pursuant to section 7 of the Pinelands Protection Act, 13:18A-8.

Assistance in determining whether a particular parcel of land in a designated growth area can be obtained through the Smart Growth Locator web site at http://sgl.state.nj.us, and from the Department of Community Affairs Office of Smart Growth website at http://www.nj.gov/dca/osg/.

"Distribution revenue" means the total revenue, plus related sales and use tax, collected by a regulated entity from a customer, minus the following, as applicable:

1. For a gas public utility as defined at 14:4-2.2, basic gas supply service charges, plus related sales and use tax on the basic gas supply service charges, assessed in accordance with the gas public utility's tariff; and

2. For an electric public utility as defined at N.J.A.C. 14:4-1.2, basic generation service charges, plus sales and use tax on the basic generation service charges, and, unless included with basic generation service charges, transmission charges derived from Federal Energy Regulatory Commission (FERC) approved Transmission Charges, plus Sales and Use Tax on the transmission charges, assessed in accordance with the electric public utility's tariff.

"Extension" means the construction or installation of plant and/or facilities to convey new service from existing or new plant and/or facilities to a structure or property for which the applicant has requested service. This term also means the plant and/or facilities themselves. This term includes all plant and/or facilities for transmission and/or distribution, whether located overhead or underground, on a public street or right of way, or on private property or a private right of way, including the wire, poles or supports, cable, pipe, conduit, or other means of conveying service from existing plant and/or facilities to each unit or structure to be served, except as excluded at 1 through 5 below. An extension begins at the existing infrastructure and ends as follows:

1. For water service and for wastewater treatment service, the extension ends at the curb of the property or properties on which the customers to be served are located, but also includes the meter, if any, as well as any of the following that are located on the property's roadside utility right-of-way:

i. Fire hydrants;

ii. Branches; or

iii. Other water infrastructure serving others besides the applicant;

2. For gas service, the extension ends at the meter and includes the meter;

3. For an overhead extension of electric service, the extension ends at the point where the service connects to the building, but also includes the meter;

4. For an underground extension of electric service, the extension ends at, and includes, the meter; and

5. For telecommunications service, the extension ends at the point of demarcation as defined in the regulated entity's tariff.

"Generation" means the manufacture, production, extraction or creation of a substance (such as water or petroleum products), a form of energy (such as electricity), or a signal (such as a telecommunications signal).

"New Jersey State Planning Commission" means the commission established by the State Planning Act, 52:18A-196 et seq.

"Office of Smart Growth" means the Office in the Department of Community Affairs that staffs the State Planning Commission and provides planning and technical assistance as requested. The Office of Smart Growth serves the same functions as the Office of State Planning, described at 52:18A-201.

"Planning area" has the meaning assigned to the term in the rules of the State Planning Commission at 5:85-1.4. As of December 20, 2004, this term is defined in those rules to mean an area of greater than one square mile that shares a common set of conditions, such as population density, infrastructure systems, level of development, or environmental sensitivity. The State Development and Redevelopment Plan sets forth planning policies that serve as the framework to guide growth in the context of those conditions.

"Plant and/or facilities" means any machinery, apparatus, or equipment, including, but not limited to, mains, pipes, aqueducts, canals, wires, cables, fibers, substations, poles, or other supports, generators, engines, transformers, burners, pumps, and switches, used for generation, transmission, or distribution of water, the collection of wastewater, energy, telecommunications, cable television, or other service that a regulated entity provides. This term includes service lines and meters, but does not include equipment used solely for administrative purposes, such as office equipment used for administering a billing system.

N.J. Admin. Code § 14:3-8.2

Amended by 47 N.J.R. 3133(c), effective 12/21/2015