New Jersey Assembly Bill A5076

New Jersey 2026-2027 Regular Session

• Introduced: 5/14/26
• Refer: 5/14/26

Caption

"Smart Planning Wireless and Water Public Utility Facilities Act"; incentivizes placement of wireless communications equipment on water public utility towers.

Summary

Assembly Bill 5076, titled the "Smart Planning Wireless and Water Public Utility Facilities Act," would require investor-owned water public utilities in New Jersey to provide wireless communications service providers with non-discriminatory access to water towers they own or control for installation of wireless equipment. The bill allows access to be denied only on a non-discriminatory basis when there is insufficient space or when safety and structural integrity concerns, based on generally accepted engineering principles, justify denial. The bill also amends the state water utility tariff statute to create a financial incentive for tower leasing. When a water public utility leases space on a water tower to a wireless provider, the Board of Public Utilities would treat 50 percent of that rental income as above-the-line income and the remaining 50 percent as below-the-line income for tariff approval purposes. The stated purpose is to encourage deployment of advanced wireless services while sharing some of the financial benefit with ratepayers and investors.

Impact

The bill would add new provisions to Title 48 governing water public utilities and would amend R.S.48:19-18 to address how rental income from wireless tower leases is treated in BPU tariff proceedings. It would affect investor-owned water companies regulated by the Board of Public Utilities, wireless communications service providers seeking tower access, and indirectly utility ratepayers through the income-allocation mechanism. The measure does not appear to create a general right to use all utility infrastructure, but specifically targets water towers as a siting option for wireless equipment.

Sentiment

The bill is framed positively and appears intended to promote broadband and wireless infrastructure deployment by making existing water towers available for shared use. The legislative findings emphasize non-discriminatory access and consumer benefit from faster availability of advanced wireless technologies, suggesting a generally supportive policy approach. No committee transcript or vote record is provided, so there is no documented opposition or recorded debate in the supplied materials.

Contention

The main points of potential contention are the mandatory access requirement and the financial treatment of lease income. Water utilities may be concerned about operational control, safety, structural integrity, and the administrative burden of accommodating wireless equipment, while wireless providers would favor broader access to tower space. Another possible issue is the BPU’s allocation of rental income between above-the-line and below-the-line treatment, which could affect utility earnings, rate-setting, and the extent to which ratepayers benefit from tower leasing revenue.