New Jersey-2010-A1103-Introduced

An Act concerning the manufacture of green energy products and amending P.L.2005, c.215.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 2 of P.L.2005, c.215 (C.48:2-93) is amended to read as follows:

2. The Legislature finds and determines that:

a. The attraction and retention of new and existing businesses is vital to the continued economic development of the State.

b. The increasing complexity of energy issues and the creation of a competitive energy marketplace, has resulted in obstacles to the attraction and retention of new and existing businesses in this State, especially since other states have developed marketing and promotional materials and programs designed to offer businesses the means to quickly determine energy savings from relocating to another area of the country.

c. An effective strategy to counter such efforts, attract new businesses and retain existing businesses in this State, is to provide for the appointment of a BPU Business Ombudsman within the Board of Public Utilities who shall be responsible for providing information to businesses concerning energy costs in the State and to assist businesses with the application for and processing of State energy programs, subsidies and grants to reduce their energy costs.

d. It is in the public interest to remain competitive with other states by authorizing the President of the Board of Public Utilities to appoint a BPU Business Ombudsman to act as a centralized resource for businesses to obtain information and assistance concerning State energy costs, potential benefits resulting from switching to or utilizing third-party energy suppliers, State energy programs, subsidies and grants to reduce energy costs and to promote energy efficiencies.

e. The appointment of a BPU Business Ombudsman to oversee and coordinate the dissemination of energy information needed by businesses is intended to encourage businesses to remain and expand in this State, to attract businesses from other states to relocate to this State and to stimulate business investment.

f. Given the State's increasing demands for energy and the State's aggressive renewable energy goals, it is in the public interest to expand the responsibilities of the BPU Business Ombudsman to include serving as point of information and coordination for businesses that manufacture green energy products that can assist the State in meeting the goals of the New Jersey Energy Master Plan and the State's renewable energy portfolio standards.

(cf: P.L.2005, c.215, s.2)

2. Section 4 of P.L.2005, c.215 (C.48:2-95) is amended to read as follows:

4. a. There is hereby created a BPU Business Ombudsman in the board to provide :

(1) information and assistance to any business, located in this State or seeking to relocate in this State, with regard to energy costs, potential benefits from switching to or utilizing third-party energy suppliers, State energy programs, subsidies or grants available to businesses to reduce their energy costs and promotion of energy efficiencies ; and

(2) information and assistance concerning State and local regulatory requirements to any business that manufactures or seeks to manufacture green energy products in the State .

b. The ombudsman office shall be headed by a BPU Business Ombudsman who shall be appointed by the President of the Board and shall serve at the pleasure of the President of the Board. The BPU Business Ombudsman shall be a person qualified by training, experience, or both, to direct the work of the office. In appointing an Ombudsman, the President of the Board may select from, but shall not be restricted to, candidates from within the board as presently constructed.

c. The Ombudsman, under the supervision of the board, shall organize the work of that office and employ such professional, technical, research and clerical staff as may be necessary, proper and expedient to carry out the purposes of P.L.2005, c.215 (C.48:2-92 et seq.). The board, in consultation with the Ombudsman, may formulate and adopt rules and regulations and prescribe duties for the efficient conduct of the business, work and general administration in connection with P.L.2005, c.215 (C.48:2-92 et seq.). The Ombudsman may delegate to subordinate employees such of the Ombudsman's powers as the Ombudsman may deem desirable, to be exercised under the Ombudsman's supervision and direction.

d. The BPU Business Ombudsman and staff shall be funded through use of a portion of the monies received by the board as a result of the board's inclusion of a retail margin on certain hourly-priced and larger non-residential customers pursuant to the board's continuing regulation of Basic Generation Service pursuant to sections 3 and 9 of P.L.1999, c.23 (C.48:3-51 and 48:3-57). Nothing in P.L.2005, c.215 (C.48:2-92 et seq.) should be interpreted to restrict the board's discretion to set the level of the retail margin. Should the board determine to reduce or eliminate the retail margin or take any action that might implicate the funding of the activities or position, or both, of the BPU Business Ombudsman, the board shall assess the continuing need for the Ombudsman and upon a determination that the position remains necessary and useful shall consider alternative funding options.

(cf: P.L.2005, c.215, s.4)

3. Section 5 of P.L.2005, c.215 (C.48:2-96) is amended to read as follows:

5. It shall be the function of the office to:

a. Assist businesses with obtaining information concerning energy costs in response to requests from businesses;

b. Monitor the impact of State energy costs on business projects and activities and on business decisions to relocate to this State, and identify and recommend energy cost reduction strategies including State programs, subsidies and grants that may be available for businesses to reduce their energy costs;

c. Participate in the application process for State energy programs, subsidies and grants on behalf of a business, if in the BPU Business Ombudsman's judgment, such participation may be necessary to assist a business in order for a project or activity to proceed;

d. Work with board staff to assist in creating public information programs designed to acquaint and educate businesses and the public about the duties and responsibilities of the office; [and]

e. Interface with energy marketers seeking to provide service in this State and, where appropriate, work to bring them together with businesses concerned about energy costs ;

f. Assist businesses that manufacture, or seek to manufacture, green energy products in obtaining the necessary State and local permits by providing information regarding the applicable regulatory requirements, and coordinating and facilitating the review of the applicable State and local governmental entities; and

g. Participate in the application process for State and local permits upon written request of a business for assistance, if in the BPU Business Ombudsman's judgment such participation would facilitate the concurrent review by State and local government entities of the necessary applications for any business that manufactures, or seeks to manufacture, green energy products in the State .

(cf: P.L.2005, c.215, s.5)

4. This act shall take effect immediately.

STATEMENT

This bill would expand the responsibilities of the BPU Business Ombudsman, established pursuant to P.L.2005, c.215 (C.48:2-92 et seq.), to include assisting businesses that manufacture, or seek to manufacture, green energy products in obtaining the necessary State and local permits. The bill would expand the function of the ombudsman office to include assisting businesses that manufacture, or seek to manufacture, green energy products in obtaining the necessary State and local permits by coordinating and facilitating the review of the applicable State and local governmental entities, and participating in the permitting application process at the State and local level upon written request of a business for assistance, if in the BPU Business Ombudsman's judgment such participation would facilitate the concurrent review by State and local government entities of the necessary applications.