In re Board's Main Extension Rules N.J.A.C. 14:3-8.1

The opinion of the court was delivered by

BAXTER, J.A.D.

In this appeal, we address the question of whether, and to what extent, our 2009 opinion in In re Centex Homes, LLC, 411 N.J.Super. 244, 985 A.2d 649 (App.Div.2009) should have retroactive effect. In Centex, we invalidated as ultra vires the 2005 Board of Public Utilities (BPU or the Board) regulations known as the Main Extension Rules, N.J.A.C. 14:3-8.1 to -8.13. The Main Extension Rules required utility companies to pay for the extension of utility lines to new homes in designated “smart growth” areas of the State, but forced the…