reglab/statecodes huggingface dataset:
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-72 - Transfer of bondable transition property

48:3-72. Transfer of bondable transition property
23. a. If an agreement by an electric public utility or its assignee to transfer bondable transition property expressly states that the transfer is a sale or other absolute transfer, then, notwithstanding any other provisions of law:
(1) Such transfer shall constitute a sale by the electric public utility or its assignee of all right, title, and interest of the electric public utility or its assignee, as applicable, in and to such bondable transition property;
(2) Such transfer shall constitute a sale or other absolute transfer of, and not a borrowing secured by, such bondable transition property;
(3) Upon execution and delivery of such agreement, the electric public utility or its assignee shall have no right, title or interest in or to such bondable transition property, except to the extent of any retained equity interest permitted by the provisions of this act; and
(4) The characterization of a transfer as a sale or other absolute transfer shall not be affected or impaired in any manner by, among other things: (a) the assignor's retention, or acquisition as part of the assignment transaction or otherwise, of a pari passu equity interest in bondable transition property or the fact that only a portion of the bondable transition property is otherwise transferred; (b) the assignor's retention, or acquisition as part of the assignment transaction or otherwise, of a subordinate equity interest or other provision of credit enhancement on terms substantially commensurate with market practices; (c) the fact that the electric public utility acts as the collector or servicer of transition bond charges; (d) the assignor's retention of bare legal title to bondable transition property for the purpose of servicing or supervising the servicing of such property and collections with respect thereto; or (e) treatment of such transfer as a financing for federal, State or local tax purposes or financial accounting purposes.
b. Such transfer shall be perfected against any third party when:
(1) The board has issued a bondable stranded costs rate order with respect to such bondable transition property;
(2) Such agreement has been executed and delivered by the electric public utility or its assignee; and
(3) A financing statement has been filed with respect to the transfer of such bondable transition property in accordance with N.J.S.12A:9-501 et seq.
L.1999,c.23,s.23; amended 2001, c.117, s.28.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-73 - Successor to electric public utility

48:3-73. Successor to electric public utility
24. Any successor to an electric public utility, whether pursuant to any bankruptcy, reorganization or other insolvency proceedings or pursuant to any merger, consolidation or sale or transfer of assets of the electric public utility, by operation of law, as a result of electric power industry restructuring or otherwise, shall perform and satisfy all obligations and be entitled to the same rights of its predecessor electric public utility under this act or the bondable stranded costs rate order or any contract entered into pursuant to this act in the same manner and to the same extent as such predecessor electric public utility, including, but not limited to, charging, collecting, receiving and paying to the person entitled thereto the revenues in respect of the transition bond charges relating to the bondable transition property. Bondable transition property, and any payments in respect to bondable transition property, including, without limitation, transition bond charges, shall not be subject to any setoffs, counterclaims, surcharges or defenses by the electric public utility, any customer, or any other person, in connection with the bankruptcy, insolvency or default of the electric public utility or otherwise.
L.1999,c.23,s.24.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-74 - Application for bondable stranded costs rate order not required

48:3-74. Application for bondable stranded costs rate order not required
25. Notwithstanding any of the provisions of this act, an electric public utility shall not be obligated under this act to apply to the board for any bondable stranded costs rate order, consent to the terms of any bondable stranded costs rate order, or sell, transfer or pledge any bondable transition property, or issue transition bonds in connection therewith.
The consideration or approval by the board of a petition by any electric public utility under this act, including the periodic adjustment provided in subsection b. of section 15 of this act shall be wholly separate from and shall not be utilized in the board's consideration of any other ratemaking or other proceeding involving the electric public utility except as otherwise provided in this act.
L.1999,c.23,s.25.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-75 - Expedited judicial review of bondable stranded costs rate orders

48:3-75. Expedited judicial review of bondable stranded costs rate orders
26. In order to maximize the rate savings to customers of the electric public utility under a bondable stranded costs rate order, which order may be time-sensitive because financial market conditions may affect the feasibility and terms of transition bonds approved for issuance therein, the parties involved in proceedings resulting in such an order shall attempt to expedite judicial review pursuant to the following procedures:
a. Upon the issuance of a bondable stranded costs rate order, the board shall forthwith cause a certified copy of such order to be served upon each party entitled thereto. The electric public utility shall, within 10 days of such service upon it, file with the board its written consent to such order or its objections thereto.
b. Any party to the proceedings resulting in a bondable stranded costs rate order who claims to be aggrieved by such order, including but not limited to any electric public utility which has withheld its consent and objected thereto or any financing entity interested therein, may seek judicial review of such order in accordance with the applicable Rules Governing the Courts of the State of New Jersey and the provisions of this act. Such judicial review shall be the exclusive remedy for the parties involved in a proceeding resulting in a bondable stranded costs rate order and no petition for rehearing to the board shall be made or entertained.
c. Any party seeking judicial review under this section shall file a motion for expedited consideration of the appeal before any appellate court in which an appeal may be pending on the ground that acceleration is warranted because the subject of the appeal involves matters of important public interest.
L.1999,c.23,s.26.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-76 - Bondable transition property constitutes an account.

48:3-76. Bondable transition property constitutes an account.
27. a. For purposes of this act, and the Uniform Commercial Code - Secured Transactions, N.J.S.12A:9-101 et seq., bondable transition property, as defined in N.J.S.12A:9-102 (a) (8.1), shall constitute an account. For purposes of this act, and the Uniform Commercial Code - Secured Transactions, N.J.S.12A:9-101 et seq., bondable transition property shall be in existence whether or not the revenues or proceeds in respect thereof have accrued, in accordance with subsection c. of section 22 of this act. The validity, perfection or priority of any security interest in bondable transition property shall not be defeated or adversely affected by changes to the bondable stranded costs rate order or to the transition bond charges payable by any customer. Any description of bondable transition property in a security agreement or other agreement or a financing statement shall be sufficient if it refers to the bondable stranded costs rate order establishing the bondable transition property.
b. In addition to the other rights and remedies provided or authorized by this act, and by the Uniform Commercial Code - Secured Transactions, N.J.S.12A:9-101 et seq., when a debtor is in default under a security agreement and the collateral is bondable transition property, then upon application by the secured party, the board or any court of competent jurisdiction shall order the sequestration and payment to the secured party of all collections and other proceeds of such bondable transition property up to the value of the property. In the event of any conflicts, priority among pledgees, transferees or secured parties shall be determined under N.J.S.12A:9-101 et seq. The secured party shall account to the debtor for any surplus and, unless otherwise agreed, the debtor shall be liable for any deficiency.
L.1999,c.23,s.27; amended 2001, c.117, s.29; 2001, c.386, s.136.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-77.1 - Utilization of locally franchised public utility electric distribution infrastructure.

48:3-77.1 Utilization of locally franchised public utility electric distribution infrastructure.
4. In order to avoid duplication of existing public utility electric distribution infrastructure, and to maximize economic efficiency and electrical safety, delivery of electric power from an on-site generation facility to an off-site end use thermal energy services customer as defined in section 3 of P.L.1999, c.23 (C.48:3-51), shall utilize the existing locally franchised public utility electric distribution infrastructure. The New Jersey electric public utility having franchise rights to provide electric delivery services within the municipality shall provide electric delivery services at the standard prevailing tariff rate that is normally applicable to the individual off-site end use thermal energy services customer.
L.2009, c.240, s.4.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-80 - Investigative powers of board relative to suppliers

48:3-80. Investigative powers of board relative to suppliers
31. a. Whenever it shall appear to the board that an electric power supplier or a gas supplier has engaged in, is engaging in, or is about to engage in any act or practice that is in violation of this act, or when the board shall deem it to be in the public interest to inquire whether any such violation may exist, the board may exercise any of the following investigative powers:
(1) Require any person to file, on such form as may be prescribed, a statement or report in writing under oath, or otherwise, as to the facts and circumstances concerning the rendition of any service or conduct of any sale incidental to the discharge of this act;
(2) Examine under oath any person in connection with any act or practice subject to the requirements of this act;
(3) Inspect any premises from which an electric power supplier or a gas supplier conducts business;
(4) Examine any goods, ware, item or facility used in the supply of electric power or gas;
(5) Examine any record, book, document, account, electronic data or paper maintained by or for any electric power supplier or gas supplier;
(6) For the purpose of preserving evidence of an unlawful act or practice, pursuant to an order of the Superior Court, impound any record, book, document, account, paper, electronic data, goods, ware, item or facility used or maintained by or for any electric power supplier or gas supplier in the regular course of business. In such cases as may be necessary, the Superior Court may, on application of the board, issue an order sealing items or material subject to this paragraph.
b. If any person shall fail or refuse to file any statement or report or refuse access to premises from which an electric power supplier or a gas supplier conducts business in any lawfully conducted investigative matter or fail to obey a subpoena issued pursuant to this act, the board may apply to the Superior Court and obtain an order:
(1) Adjudging such person in contempt of court;
(2) Granting such other relief as may be required; or
(3) Suspending the license of any such person unless and until compliance with the subpoena or investigative demand is effected.
c. Whenever the board finds that a violation by an electric power supplier or a gas supplier of this act, including the unlicensed supplying of electric power or gas, or of any rule or regulation adopted by the board pursuant thereto, has occurred, is occurring or will occur, the board, in addition to any other proceeding authorized by law, may seek and obtain in a summary proceeding in the Superior Court an injunction prohibiting such act or practice.
L.1999,c.23,s.31.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-81 - Revocation, suspension, refusal to issue, renew supplier's license

48:3-81. Revocation, suspension, refusal to issue, renew supplier's license
32. a. The board may revoke, suspend, or refuse to issue or renew an electric power supplier's license or a gas supplier's license at any time upon a finding that the supplier:
(1) Has obtained a license through fraud, deception or misrepresentation;
(2) Has engaged in the use or employment of dishonesty, fraud, deception, misrepresentation, false promise or false pretense;
(3) Has engaged in gross negligence or gross incompetence;
(4) Has engaged in repeated acts of negligence or incompetence;
(5) Has engaged in misconduct as may be determined by the board;
(6) Has been convicted of any crime involving moral turpitude or any crime relating adversely to the activity regulated by the board, has not fulfilled the licensure requirements or is not in compliance with the safety and service quality standards adopted by the board. For the purpose of this subsection, a plea of guilty, non vult, nolo contendere or any other such disposition of alleged criminal activity shall be deemed a conviction;
(7) Has violated any consumer protection law or regulation in this State or any other state or has had its authority to engage in supplying electric power or gas revoked or suspended by any other state, agency or authority for reasons consistent with this section;
(8) Has violated or failed to comply with the provisions of any law or regulation or order adopted by the board;
(9) Is incapable, for any good cause, of discharging the functions of an electric power supplier or a gas supplier in a manner consistent with the public health, safety and welfare; or
(10) Has repeatedly failed to submit completed applications, or parts of such applications, or documentation submitted in conjunction with such applications, required to be filed with the Department of Environmental Protection.
b. The board may, upon a duly verified application alleging an act or practice violating any provision of this act or any rule adopted pursuant thereto, enter a temporary order suspending or limiting any license issued by the board pending plenary hearing on an administrative complaint when the application made to the board and imminent danger to the public health, safety or welfare, and notice of such application is given to the licensee affected by such order.
L.1999,c.23,s.32.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-82 - Additional remedies

48:3-82. Additional remedies
33. a. In addition or as an alternative, as the case may be, to revoking, suspending or refusing to issue or to renew the license of an electric power supplier or a gas supplier, the board may, after notice and opportunity for a hearing:
(1) Issue a letter of warning, reprimand or censure with regard to any act, conduct or practice that in the judgment of the board, upon consideration of all relevant facts and circumstances, does not warrant the initiation of formal action;
(2) Assess a civil penalty pursuant to section 34 of this act;
(3) Order that any person violating any provision of this act or any rule adopted pursuant to this act cease and desist from future violations thereof or take affirmative corrective action as may be necessary with regard to any act or practice found unlawful by the board;
(4) Order any person found to have violated any provision of this act or any rule adopted pursuant thereto to restore to any person aggrieved by an unlawful act or practice any moneys or property, real or personal, or the equivalent value of any property, real or personal, acquired by means of such act or practice; except that the board shall not order restoration in a dollar amount greater than the total value of those monies or property received by a licensee or a licensee's agent or any other person violating the act or rule.
b. In any administrative proceeding commenced on a complaint alleging a violation of this act or of a rule adopted pursuant thereto, the board or the board secretary may issue subpoenas to compel the attendance of witnesses or the production of electronic data, books, records, or documents at the hearing on the complaint.
c. In any action brought pursuant to this act, the board or the court may order the payment of costs for the use of the State.
d. Pursuit of any remedy specified in this section shall not preclude the pursuit of any other remedy, including any civil remedy for damage, provided by any other law. Administrative and judicial remedies provided in this section may be pursued simultaneously.
L.1999,c.23,s.33.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-83 - Violations, penalties.

48:3-83 Violations, penalties.
34. Any person who violates any provision of P.L.1999, c.23 (C.48:3-49 et al.) shall be liable for a civil penalty of not more than $5,000 for the first offense, except for a violation of section 37 of P.L.1999, c.23 (C.48:3-86), for which a person shall be liable for a civil penalty of not more than $20,000 for the first offense, and not more than $50,000 for the second and each subsequent offense, for each day that the violation continues. Any civil penalty which may be imposed pursuant to this section may be compromised by the board. In determining the amount of the penalty, or the amount agreed upon in compromise, the board shall consider: the nature, circumstances, and gravity of the violation; the degree of the violator's culpability; any history of prior violations; the prospective effect of the penalty on the ability of the violator to conduct business; any good faith effort on the part of the violator in attempting to achieve compliance; the violator's ability to pay the penalty; and other factors the board determines to be appropriate. The amount of the penalty when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owed by the State to the person charged, or may be recovered, if necessary, in a summary proceeding pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).
The Superior Court shall have jurisdiction to enforce the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.) in connection with P.L.1999, c.23 (C.48:3-49 et al.).
L.1999, c.23, s.34; amended 2019, c.60, s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-84 - Rights, remedies, prohibitions; cumulative

48:3-84. Rights, remedies, prohibitions; cumulative
35. a. The rights, remedies and prohibitions accorded by the provisions of this act are in addition to and cumulative of any right, remedy or prohibition accorded by the common law or any statute of this State and nothing contained herein shall be construed to deny, abrogate or impair any such common law or statutory right, remedy or prohibition. The Attorney General and the Division of Consumer Affairs in the Department of Law and Public Safety shall continue to have the authority to enforce civil and criminal violations of the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.) or any other applicable law, rule or regulation in connection with the activities of electric power suppliers and gas suppliers.
b. Administrative and judicial remedies provided in this act may be pursued simultaneously.
L.1999,c.23,s.35.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-87.2 - Approval of project by board.

48:3-87.2 Approval of project by board.
4. a. The board may approve, subject to the project obtaining the necessary permits, approvals, and authorizations from the Department of Environmental Protection, a qualified wind energy project located in territorial waters offshore of a municipality in which casino gaming is authorized, and authorize offshore wind renewable energy certificates for that project. Any such project shall be a nominal 20 megawatts and no more than 25 megawatts in nameplate capacity and comply with the requirements set forth in section 3 of P.L.2010, c.57 (C.48:3-87.1) , and the cumulative number of wind turbines approved for the project shall not exceed six .
b. Upon the date of enactment of P.L.2018, c.21, the board shall accept a submitted application under section 3 of P.L.2010, c.57 (C.48:3-87.1) for the qualified wind energy project to be located in territorial waters offshore of a municipality in which casino gaming is authorized for which an application therefor had been submitted to the board prior to the date of enactment of P.L.2018, c.21. The board may consider relevant information filed in connection with the prior application in undertaking its review and, notwithstanding the requirements set forth in subsection d. of section 3 of P.L.2010, c.57 (C.48:3-87.1), shall make a final determination on the application within 90 days of the date a complete application is filed with the board .
L.2010, c.57, s.4; amended 2018, c.21.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-87.2a - Findings, declarations.

48:3-87.2a Findings, declarations.
1. The Legislature finds and declares that:
a. Offshore wind, as a source of clean, renewable energy, provides opportunities for New Jersey to reduce dependence on fossil fuels that contribute to climate change, while significantly expanding and securing the State's economy for the short and long term.
b. The COVID-19 global pandemic, declared by the World Health Organization on March 11, 2020, created significant challenges for the United States and global economies, including labor shortages and supply chain disruptions, which, combined with other factors, have resulted in rising interest rates.
c. To support the offshore wind industry in light of the unique macroeconomic challenges posed by the COVID-19 pandemic, the federal "Taxpayer Certainty and Disaster Tax Relief Act of 2020," Pub.L.116-260, included an investment tax credit rate of 30 percent for offshore wind projects.
d. Economy-wide inflation rates in the United States were higher in 2021 and 2022 than at any time since the early 1980s.
e. On February 24, 2022, the Russian Federation invaded Ukraine, starting a war that, in addition to causing a horrific loss of life and human suffering in Ukraine, has further exacerbated global market disruptions and further contributed to commodity shortages and higher rates of inflation.
f. The federal "2022 Inflation Reduction Act," Pub.L.117-169, was designed to further spur investment in the American clean energy economy in the face of continuing macroeconomic challenges.
g. The federal "2022 Inflation Reduction Act," Pub.L.117-169, includes wage and apprenticeship requirements to receive the full offshore wind investment tax credit and includes additional investment tax credits for clean energy projects that source components and materials manufactured in the United States.
h. In light of Congress' intention to provide tax credits to support and bolster the offshore wind industry and the production of offshore wind energy in the United States, and in light of the high rates of inflation and unprecedented macroeconomic challenges arising from the global pandemic and war in Ukraine, it is appropriate to reexamine the allocation of tax benefits arising from the "Taxpayer Certainty and Disaster Tax Relief Act of 2020," Pub.L.116-260, the Research and Development Tax Credit under 26 U.S.C. s.41, and the "2022 Inflation Reduction Act," Pub.L.117-169, and, for these specific federal statutes only, to allow for a qualified offshore wind project to elect to retain the benefit of the federal tax credits that were not in existence at the time of a qualified offshore wind project's award in exchange for pledged assurances that the qualified offshore wind project will proceed to construction and that it will make additional investments in New Jersey offshore wind manufacturing facilities.
L.2023, c.99, s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-87.2b - Definitions.

48:3-87.2b Definitions.
2. As used in P.L.2023, c.99 (C.48:3-87.2a et seq.):
"Affiliated New Jersey offshore wind project" means any qualified offshore wind project awarded prior to the effective date of P.L.2023, c.99 (C.48:3-87.2a et seq.) with at least 10 percent common upstream ownership as another qualified offshore wind project.
"Board" means the New Jersey Board of Public Utilities or any successor agency.
"Enhanced area" means the same as that term is defined in section 69 of P.L.2020, c.156 (C.34:1B-337).
"Incremental federal tax benefit" means a federal tax benefit that was established or increased after a project was approved by the board as a qualified offshore wind project and thus was not estimated in the project's original financial analysis and not included in the calculation of the OREC price submitted to the board.
"Offshore wind renewable energy certificate" or "OREC" means a certificate, issued by the board or its designee, representing the environmental attributes of one megawatt hour of electric generation from a qualified offshore wind project.
"Qualified offshore wind project" or "project" means a wind turbine electricity generation facility in the Atlantic Ocean in the Bureau of Ocean Energy Management Lease Area OCS-A 0498, awarded by the board prior to July 1, 2019, and connected to the electric transmission system in this State, and includes the associated transmission-related interconnection facilities and equipment, and approved by the board pursuant to section 3 of P.L.2010, c.57 (C.48:3-87.1).
"Qualified wind energy facility" means the same as that term is defined in section 6 of P.L.2010, c.57 (C.34:1B-209.4).
L.2023, c.99, s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-87.2c - Qualified offshore wind project, elect, retain, incremental federal tax benefits.

48:3-87.2c Qualified offshore wind project, elect, retain, incremental federal tax benefits.
3. a. Notwithstanding the provisions of P.L.2010, c.57 (C.48:3-87.1 et al.) or of any other law, rule, or regulation, or board regulation or order concerning the development of offshore wind projects, to the contrary, a qualified offshore wind project awarded prior to July 1, 2019 that satisfies the requirements in section 4 of P.L.2023, c.99 (C.48:3-87.2d), as determined by the board, may elect to retain any incremental federal tax benefits that the project receives pursuant to the "Taxpayer Certainty and Disaster Tax Relief Act of 2020," Pub.L.116-260, the "Inflation Reduction Act of 2022," Pub.L.117-169, and section 41 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.41).
b. For the purpose of subsection a. of this section, the amount of each applicable incremental federal tax benefit shall be the product of:
(1) the project's total IRS-approved eligible costs; and
(2) the difference between each federal tax credit rate applicable to the project pursuant to the "Taxpayer Certainty and Disaster Tax Relief Act of 2020," Pub.L.116-260, the "Inflation Reduction Act of 2022," Pub.L.117-169, or section 41 of the federal Internal Revenue Code of 1986 (26 U.S.C. s.41) and the federal tax credit rate identified in the qualified offshore wind project's approved OREC pricing proposal.
c. Notwithstanding the provisions of P.L.2010, c.57 (C.48:3-87.1 et al.) or of any other State law, rule, or regulation, or board regulation or order concerning the development of offshore wind projects, to the contrary, a qualified offshore wind project awarded prior to July 1, 2019 that elects to retain incremental federal tax benefits pursuant to subsection a. of this section and that satisfies the requirements in section 4 of P.L.2023, c.99 (C.48:3-87.2d) may additionally retain the portion of the federal tax credits received by the project, calculated by multiplying the tax credit rate identified in the project's approved OREC pricing proposal by the difference between the project's total IRS-approved eligible costs and the project's estimated costs at bid.
L.2023, c.99, s.3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-87.2e - Severability.

48:3-87.2e Severability.
5. a. Nothing in P.L.2023, c.99 (C.48:3-87.2a et seq.) shall affect the allocation of any tax credits or other governmental benefits available to a qualified offshore wind project awarded prior to July 1, 2019 except as explicitly provided in section 3 of P.L.2023, c.99 (C.48:3-87.2c).
b. Nothing in P.L.2023, c.99 (C.48:3-87.2a et seq.) shall affect the allocation of any tax credits or other governmental benefits available to a qualified offshore wind project awarded after July 1, 2019.
L.2023, c.99, s.5.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-87.2f - Eligible qualified offshore wind project, retain, incremental federal tax benefits, report.

48:3-87.2f Eligible qualified offshore wind project, retain, incremental federal tax benefits, report.
6. No later than one year after the date of enactment of P.L.2023, c.99 (C.48:3-87.2a et seq.), an eligible qualified offshore wind project that elects to retain incremental federal tax benefits pursuant to section 3 of P.L.2023, c.99 (C.48:3-87.2c) shall submit to the board a report on the anticipated environmental impacts of the project, the anticipated economic benefits of the project, the financial viability of the project, and the feasibility of completing the project by the commercial operation date approved by the board, including any extensions thereto.
L.2023, c.99, s.6.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-87.4 - Definitions relative to nuclear energy.

48:3-87.4 Definitions relative to nuclear energy.
2. As used in this act:
"Board" means the New Jersey Board of Public Utilities or any successor agency.
"Electric public utility" shall have the same meaning as provided in section 3 of P.L.1999, c.23 (C.48:3-51).
"Eligibility period" means the period of time, measured in energy years, during which a selected nuclear power plant may receive zero emission certificates pursuant to section 3 of this act.
"Eligible nuclear power plant" means a nuclear power plant certified by the board to allow it to be selected to participate in the program established pursuant to section 3 of this act.
"Emissions avoidance benefits" means the benefits associated with the preservation of better air quality and other environmental attributes caused by the production of electric energy from a selected nuclear power plant, as well as the reduction in damage that would otherwise be caused by carbon dioxide or other greenhouse gases or other pollutants emitted but for the production of electric energy from a selected nuclear power plant. Such damage threatens massive economic and lifestyle disruption, and includes but is not limited to a contribution to sea level rise, heat waves, more frequent and severe occurrence of extreme weather events, and damage to agriculture, water resources, public health, energy and communication systems, and the natural ecosystems that define and support communities.
"Energy year" or "EY" shall have the same meaning as provided in section 3 of P.L.1999, c.23 (C.48:3-51).
"Nuclear power plant" means an individual electric generating unit utilizing nuclear fuel to produce electric power.
"Selected nuclear power plant" means an eligible nuclear power plant selected by the board to participate in the program established pursuant to section 3 of this act.
"Zero emission certificate" or "ZEC" means a certificate, issued by the board or its designee, representing the fuel diversity, air quality, and other environmental attributes of one megawatt-hour of electricity generated by an eligible nuclear power plant selected by the board to participate in the program established pursuant to section 3 of this act.
L.2018, c.16, s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-87.6 - Study by BPU to evaluate efficacy of program.

48:3-87.6 Study by BPU to evaluate efficacy of program.
4. a. No later than 10 years after the date of enactment of this act, the Board of Public Utilities shall conduct a study to evaluate the efficacy of the zero emission certificate program and submit a written report thereon to the Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the Legislature. In conducting the study, the board shall evaluate the program's effect on the premature retirement of nuclear power plants, its effect on the air quality and environment in the State, and its contribution to a more reliable energy supply by assuring fuel diversity. The study shall also evaluate the program's benefits and costs to ratepayers.
b. The written report shall: (1) summarize the study and analysis conducted pursuant to subsection a. of this section; (2) discuss and quantify the potential benefits and costs associated with the program; (3) recommend any changes to the program or whether it should continue; and (4) recommend whether the program should be expanded to include other technologies.
L.2018, c.16, s.4.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-87.7 - Severability.

48:3-87.7 Severability.
5. If any provision of this act or its application to any person or circumstance is held invalid or unconstitutional, that judgment or decision shall not affect other provisions or applications of this act which can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this act are severable.
L.2018, c.16, s.5.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-87.10 - Study to determine optimal voltage; benchmark energy and water use for certain commercial buildings.

48:3-87.10 Study to determine optimal voltage; benchmark energy and water use for certain commercial buildings.
4. a. No later than one year after the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.), the Board of Public Utilities shall direct each electric public utility in the State to undertake a study to determine the optimal voltage for use in their respective distribution systems, including a consideration of voltage optimization. An electric public utility shall be entitled to full and timely recovery of the costs associated with this analysis.
b. No later than five years after the date of enactment of P.L.2018, c.17 (C.48:3-87.8 et al.), the board shall require the owner or operator of each commercial building over 25,000 square feet in the State to benchmark energy and water use for the prior calendar year using the United States Environmental Protection Agency's Portfolio Manager tool.
L.2018, c.17, s.4.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-87.12 - Application, approval process.

48:3-87.12 Application, approval process.
6. a. No later than 120 days after the date of enactment of P.L.2023, c.190, the board shall establish an application and approval process for remote net metered solar energy projects serving public entities as receiving customers.
A remote net metered solar energy project shall:
(1) have a capacity up to five megawatts, as measured in direct current;
(2) exclusively serve public entities certified by the board to act as receiving customers and located within the same electric distribution company service territory as the project;
(3) be located on any property owned, licensed, or leased by any public entity or on any suitable private property, including, but not limited to, rooftops of commercial buildings, parking lots, brownfields for which a final remediation document has been issued, or properly closed sanitary landfill facilities;
(4) not be sited on:
(a) land preserved under the Green Acres Program;
(b) land designated as freshwater wetlands as defined pursuant to P.L.1987, c.156 (C.13:9B-1 et seq.), or coastal wetlands as defined pursuant to P.L.1970, c.272 (C.13:9A-1 et seq.);
(c) forested lands, as defined by the board in consultation with the Department of Environmental Protection; or
d) prime agricultural soils and soils of Statewide importance, as identified by the United States Department of Agriculture's Natural Resources Conservation Service, which are located in Agricultural Development Areas certified by the State Agricultural Development Committee;
(5) have a facility size calculated based upon the total aggregate electricity usage of the receiving public entity customer utility accounts to be served by the project, based on the total usage of each proposed customer account over the previous twelve months; and
(6) be metered separately.
b. The board shall establish a remote net metering application process to approve remote net metered solar energy projects and certify public entities to act as receiving customers for remote net metering generating capacity. The process shall be modeled after the relevant rules and regulations adopted by the board for the community solar energy program pursuant to section 5 of P.L.2018, c.17 (C.48:3-87.11), including, but not limited to, the calculation of the value of the net metering credit. An electric public utility shall be entitled to full and timely cost recovery, including the full value of public remote net metering credits provided to customers and billing system investments, associated with public remote net metering consistent with the Community Solar provisions pursuant to subsection e. of section 5 of P.L.2018, c.17 (C.48:3-87.11).
c. (Deleted by amendment, P.L.2023, c.190)
d. The electric distribution company that serves the location of a solar energy project approved pursuant to this section shall be responsible for reviewing and approving the interconnection of the solar energy project.
L.2018, c.17, s.6; amended 2023, c.190, s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-89 - Aggregator contracts; bundling restriction; tax treatment

48:3-89. Aggregator contracts; bundling restriction; tax treatment
40. a. A private aggregator may enter into a contract with a licensed electric power supplier or a licensed gas supplier for the provision of any combination of electric generation service, electric related service, gas supply service or gas related service for business customers.
b. A government aggregator may enter into a contract with a licensed electric power supplier or a licensed gas supplier, as provided in section 42 of this act, for the provision of any combination of electric generation service, electric related service, gas supply service or gas related service for its own use or as combined with the use of other government aggregators in a manner provided by law.
c. For residential customers, gas and electric services cannot be bundled until the gas market is opened up for retail competition for that residential customer.
d. Aggregation of electric generation service or gas supply service by a government aggregator shall not be construed to constitute the formation of a municipal electric corporation or a municipal electric utility created subsequent to the effective date of this act solely for purposes of State taxation and shall not exempt the sale of such services or income from that sale from any tax to which the sale or income would otherwise be subject, including but not limited to the sales and use tax imposed pursuant to P.L.1966, c.30 (C.54:32B-1 et seq.) and the corporation business tax imposed pursuant to P.L.1945, c.162 (C.54:10A-1 et seq.).
L.1999,c.23,s.40.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-90 - Registration of private aggregator.

48:3-90 Registration of private aggregator.
41. a. A private aggregator shall register with the board, which shall include the filing of basic information pertaining to the supplier, such as name, address, telephone number, and company background and profile. A private aggregator shall provide annual updates of this information to the board. The registration shall also include evidence of financial integrity, as determined by the board, and evidence that the private aggregator has knowledge of the energy industry.
b. Any residential customer that elects to purchase electric generation service or gas supply service, after the implementation of gas unbundling pursuant to section 10 of P.L.1999, c.23 (C.48:3-58), through a private aggregator must do so affirmatively and voluntarily, either through the customer's written signature or electronic signature; an audio recording of a telephone call initiated by the customer; independent, third-party verification, in accordance with section 37 of P.L.1999, c.23 (C.48:3-86), of a telephone call initiated by an electric power supplier, gas supplier, or private aggregator; or any alternative forms of verification as the board, in consultation with the Division of Consumer Affairs in the Department of Law and Public Safety, may permit prior to switching electric power suppliers or gas suppliers and for contract renewal.
L.1999,c.23,s.41; amended 2001, c.242, s.4; 2021, c.458, s.3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-91.1 - Written contract for procurement of certain electric and gas services for State or local government or aggregator.

48:3-91.1 Written contract for procurement of certain electric and gas services for State or local government or aggregator.
1. a. The Division of Purchase and Property in the Department of the Treasury, on behalf of any State agency or local government unit, may enter into a written contract with a licensed electric power supplier or a licensed gas supplier for the provision of electric generation service, electric related service, gas supply service, or gas related service for the facilities of a State agency or local government unit, or for the use of any government aggregator.
As used in this act, "State agency" means any agency in the executive branch of the State government, including, but not limited to, any department, board, bureau, commission, division, office, council, or instrumentality thereof, or independent agency, public authority or public benefit corporation, and any State college or public institution of higher education, and "local government unit" means any government entity subject to the requirements of the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), the "Public School Contracts Law," N.J.S.18A:18A-1 et seq., or the "County College Contracts Law," P.L.1982, c.189 (C.18A:64A-25.1 et seq.).
b. The Division of Purchase and Property, prior to initiating the process required pursuant to P.L.1954, c.48 (C.52:34-6 et seq.) for entering into a written contract for electric generation service, electric related service, gas supply service or gas related service pursuant to subsection a. of this section, may notify in writing each State agency, local government unit and government aggregator of the Division of Purchase and Property's intent to enter into such a contract, and offer the State agency, local government unit and government aggregator the opportunity to include in the contract the provision of any combination of electric generation service, electric related service, gas supply service, or gas related service from an electric power supplier or a gas supplier, as appropriate, for the State agency's, local government unit's and government aggregator's facilities. The Division of Purchase and Property shall determine and provide to the State agency, local government unit and government aggregator the requirements for participation in the contract. Such requirements may include, but shall not be limited to, minimum purchase limits, necessary data to be provided by each participating State agency, local government unit and government aggregator, a timetable for the submission of data, and a form for the submission of data.
L.2007, c.104, s.1.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-91.2 - Request for inclusion in proposed contract.

48:3-91.2 Request for inclusion in proposed contract.
2. Upon receiving the notification from the Division of Purchase and Property pursuant to section 1 of this act, a State agency, local government unit or the governing body of a government aggregator may request that the Division of Purchase and Property include the State agency's, local government unit's or government aggregator's needs for such services in the proposed contract by submitting the required information in a timely manner. The Division of Purchase and Property may include in any proposed contract the needs for the provision of electric generation service, electric related service, gas supply service or gas related service from an electric power supplier or a gas supplier, as appropriate, to the facilities of any State agency, local government unit or government aggregator that satisfies the requirements established pursuant to this act.
L.2007, c.104, s.2.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-91.3 - Determination of best contract for services; alternative forms of bidding; administrative fee.

48:3-91.3 Determination of best contract for services; alternative forms of bidding; administrative fee.
3. The Division of Purchase and Property in the Department of the Treasury shall determine how best to contract for electric generation service, electric related service, gas supply service or gas related service from an electric power supplier or a gas supplier, as appropriate, including the creation of one or more contracts for the needs of State agencies and one or more separate contracts for local government units or for government aggregators, or any combination of the foregoing, provided that each contract for electric generation service entered with an electric power supplier shall require the electric power supplier to meet or exceed the percentages of electricity provided from Class I renewable energy sources and Class II renewable energy sources as set forth in section 38 of P.L.1999, c.23 (C.48:3-87). The Director of the Division of Purchase and Property shall have the discretion to use electronic or other alternative forms of bidding in lieu of sealed bids. The Division of Purchase and Property may charge a reasonable administrative fee to cover the costs associated with the bidding and administration of the contract or contracts.
L.2007, c.104, s.3.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-91.4 - Provision in contract for additional locations, facilities of government.

48:3-91.4 Provision in contract for additional locations, facilities of government.
4. The Division of Purchase and Property is authorized to include in any contract, entered into after the effective date of this act, for the provision of electric generation service, electric related service, gas supply service or gas related service from an electric power supplier or a gas supplier, as appropriate, provisions allowing the Division of Purchase and Property to add the needs of additional locations or facilities of a State agency, a local government unit or of a government aggregator at any time during the contract, subject to such conditions as the State Treasurer deems appropriate.
L.2007, c.104, s.4.
2023 New Jersey Revised Statutes › Title 48 - Public Utilities › Section 48:3-91.5 - Regulations.

48:3-91.5 Regulations.
5. The State Treasurer may adopt regulations pursuant to the "Administrative Procedure Act", P.L.1968, c.410 (C.52:14B-1 et seq.) as are necessary to administer the provisions of this act.
L.2007, c.104, s.5.