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State of New Jersey
Executive Order #38

Governor James J. Florio

WHEREAS, Reorganization Plan (No. 002-1991) is due to become effective on August 19, 1991 in order to enhance the coordination and integration of the State's utility, environmental and energy policies; and

WHEREAS, the provisions of this Plan with respect to the operations and organization of the Board of Regulatory Commissioners and the Department of Environmental Protection and Energy warrant further clarification and specificity; and

WHEREAS, implementation of this Plan requires the coordinated efforts and assistance of other departments and agencies of the Executive Branch; and

WHEREAS, the prompt, efficient and effective implementation of the Plan is in the best interest of the State particularly during this difficult fiscal period;

NOW, THEREFORE, I, JAMES J. FLORIO, Governor of the State of New Jersey, by virtue of the authority vested in me by the Constitution and by the Statutes of this State, do hereby ORDER and DIRECT:

1. All departments and agencies of the Executive Branch shall --

a. Take all actions reasonably necessary and appropriate for the effective implementation of Reorganization Plan (No. 002-1991), and provide any assistance, as may be appropriate and requested by the Board of Regulatory Commissioners (the Board) or the Department of Environmental Protection and Energy (the Department), or both, to implement the provisions of the Plan.

b. Use the title "Board of Regulatory Commissioners" and "Department of Environmental Protection and Energy" when referring to the Board or the Department, as the case may be, in rules and regulations, orders, directives and other official correspondence, reports, documents and writings.

c. Use the title "Chairman" or "Chairwoman" as the case may be, when referring to the designated presiding officer of the Board.

2. The Board of Regulatory Commissioners and the Department of Environmental Protection and Energy shall --

a. Assume and fulfill the responsibilities assigned to each agency pursuant to the provisions of the Plan, under which the regulatory decision-making functions of the Board shall be independent of any supervision or control by the Department or the Commissioner or any officer or employee thereof or any other department or agency of the Executive Branch of State Government. The Board shall exercise these functions with respect to rates, mergers, acquisitions, certificates, and all other regulatory matters under the jurisdiction of the Board through the technical utility regulation units assigned to the Board, including Gas, Electric, Water and Sewer, and Telecommunications and Cable Television.

b. Enter into a protocol, which shall --

(1) identify the duties and responsibilities of the personnel who shall perform the budgetary, fiscal, personnel and day-to-day administrative responsibilities of the Board and the Department jointly;

(2) provide for the performance of these responsibilities and other staff support services, including but not limited to the services of the Office of the Economist, in a manner that ensures the Board's control over the information, analysis and research services needed by the Board to perform its regulatory functions under the Plan;

(3) include a personnel allocation plan which identifies each position assigned to the Board as of August 19, 1991 and allocates each of these positions to one of the following categories:

Class I - Utility Ratemaking Positions Class II - Support Positions Class III - Consolidated Positions

Class I positions shall be designated as Board of Regulatory Commissioners positions, and shall remain under the direct control of the Board. Class I shall include all positions in the technical utility regulation units which have been assigned to the Board. All decisions concerning the assignment, hiring or termination of personnel in such positions shall reside solely with the Commissioners of the Board in accordance with uniform personnel policies and practices that shall be adopted by the Board pursuant to subsection b. of section 3 of this Order.

Class II positions shall be support positions which will be centralized within the Department under the control and supervision of the Commissioner, and shall include, but not be limited to, positions assigned to the Board of Public Utilities' Office of the Economist, Division of Audits, Office of Public Information and Bureau of Customer Assistance. These positions shall perform support staff functions that are consistent with their job title and classification and in accordance with the provisions of the protocol; provided, however, that the Commissioner shall ensure that the services provided to the Board are adequate for the Board to carry out its lawful responsibilities in a timely manner.

Class III positions are consolidated positions and shall include but not be limited to positions assigned to the Board's Division of Administration, Division of Operations and Office of Employee Relations. Class III positions shall be assigned to the Department under the control and supervision of the Commissioner. These positions shall perform clerical and administrative support functions for both the Board and the Department in a manner that is consistent with their respective job title and classification and the protocol.

(4) set forth procedures by which the Board shall receive services and information from the Department.

A copy of the written protocol developed pursuant to this section shall be forwarded for review to the Office of the Governor within 30 days of the effective date of this Order.

3. The Board of Regulatory Commissioners shall --

a. Make annual budget recommendations to the Governor for review and recommendation for approval in the same manner as all other proposed departmental budgets; and

b. Adopt personnel policies and practices governing the employment in Class I positions, provided that the employment policies and practices of the Board shall not be inconsistent with the employment policies and practices of the Department.

4. The Department of Personnel shall forthwith confer with the Department of Environmental Protection and Energy and the Chairman of the Board of Regulatory Commissioners and take appropriate actions to assure that job titles, classifications, assignments and other personnel-related actions are taken on an expedited basis in order to implement the objectives of the Plan.

5. The Department of Treasury, General Services Administration, shall forthwith confer with the Department of Environmental Protection and Energy and the Chairman of the Board of Regulatory Commissioners to provide adequate office space for the Department and the Board, both in the City of Trenton and the City of Newark, in order to effectuate the objectives of the Plan. Additionally, the Office of General Services Administration shall allocate office resources as may be necessary to provide for the timely transfer of personnel, office equipment and office furnishings among and between the various offices of the Department and the Board to implement the Plan.

6. The Department of Treasury, Office of Management and Budget, shall forthwith confer with the Department of Environmental Protection and Energy and the Chairman of the Board of Regulatory Commissioners and take appropriate actions to assure that accounts, budget categories, classifications and other appropriate financial systems are established to effectuate the goals and provisions of the Plan.

7. This Order shall take effect on the effective date of Reorganization Plan (No. 002-1991).

GIVEN, under my hand and seal this
14th day of August in the Year of Our
Lord, one thousand nine hundred and
ninety-one, and of the Independence
of the United States, the two hundred
and sixteenth.

/s/ James J. Florio
GOVERNOR

Attest:

/s/
Andrew Weber
Counsel to the Governor

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