Bill Text: NJ A2713 | 2026-2027 | Regular Session | Introduced
Bill Title: "Energy Subsidies Transparency Act"; authorizes BPU and Rate Counsel to require certain energy companies to disclose information concerning energy subsidies.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced) 2026-01-13 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A2713 Detail]
Download: New_Jersey-2026-A2713-Introduced.html
STATE OF NEW JERSEY
222nd LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION
Sponsored by:
Assemblyman PAUL KANITRA
District 10 (Monmouth and Ocean)
SYNOPSIS
"Energy Subsidies Transparency Act"; authorizes BPU and Rate Counsel to require certain energy companies to disclose information concerning energy subsidies.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning State energy subsidies and supplementing Title 42 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Energy Subsidies Transparency Act."
2. a. The Legislature finds and declares that:
(1) there is an inconsistency in the reporting requirements imposed on traditional energy generators, as compared to new energy generators;
(2) many new energy generators have been assisted by ratepayer and taxpayer money through various kinds of subsidies, such as renewable energy certificates;
(3) ratepayers and taxpayers deserve to better understand how their money is being spent; and
(4) ratepayers and taxpayers deserve to understand the efficacy of energy-related subsidies and whether they remain necessary.
b. The Legislature therefore determines that it is in the public interest to impose certain reporting requirements on energy companies that receive subsidies, and to grant the Board of Public Utilities and the Division of Rate Counsel new authority to audit those companies.
3. As used in this act:
"Board" means the Board of Public Utilities.
"Class I renewable energy certificate" or "Class I REC" means a renewable energy certificate capable of satisfying the requirement for the procurement of Class I renewable energy established in paragraph (1) of subsection d. of section 38 of P.L.1999, c.23 (C.48:3-87).
"Electric public utility" means the same as the term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).
"Energy-related subsidy" means any monetary or non-monetary assistance, tax credit, grant, or market-based instrument, including renewable energy certificates, provided by the State, or utilities at the direction of the State, to support energy generation, transmission, or distribution.
"Gas public utility" means the same as that term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).
"Rate counsel" means the Division of Rate Counsel established pursuant to section 46 of P.L.2005, c.155 (C.52:27EE-46).
"Solar renewable energy
certificate-II" or "SREC-II" means the same as the term is defined in section 3
of P.L.1999, c.23 (C.48:3-51).
4. a. No later than six months after the effective date of this act, the board shall develop, and publish on its Internet website, a list of all energy-related subsidies offered in the State by the board, or by an electric public utility or gas public utility at the direction of the board, including, but not limited to Class I RECs and SREC-IIs.
b. Information provided by the list shall include, but not be limited to:
(1) the name of the subsidy;
(2) the duration of the subsidy;
(3) the provider of the subsidy;
(4) the number of recipients of the subsidy;
(5) the funding source of the subsidy;
(6) the average annual amount distributed under the subsidy; and
(7) a brief description of how the money is allocated under the subsidy program.
c. The board shall update the information published on its Internet website pursuant to this section at least once per year.
5. The board or the rate counsel may, at any time, require a commercial entity that has received an energy-related subsidy from the board, or from an electric public utility or gas public utility at the direction of the board, to provide financial or operational information in relation to the subsidy.
6. The board may implement, in the form of rules and regulations adopted by the board pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), uniform transparency standards, applicable to all energy generation systems, regardless of fuel type. The rules and regulations may also include provisions to require commercial entities that receive State subsidies to publish appropriate financial or operational information in relation to the subsidy, as determined by the board.
7. No later than one year after the effective date of this act, and annually thereafter, the board shall report to the Governor, and to the Legislature pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1). The report shall include, at a minimum for each commercial entity that receives State subsidies: the subsidies distributed to each entity; the type and amount of subsidy received in the most recent calendar year; the cumulative amount of subsidy received to date; the provider of the energy-related subsidy; the type and amount of power generated by the entity in the last year, the entity's total number of days in operation in the last year, the year the entity commenced operations, and any other information deemed pertinent by the board.
8. This act shall take effect
immediately.
STATEMENT
This bill, to be known as the "Energy Subsidies Transparency Act," would authorize the Board of Public Utilities (BPU) and the Division of Rate Counsel (rate counsel) to require a commercial entity that has received an energy-related subsidy from the BPU, or from an electric public utility or gas public utility at the direction of the BPU, to provide financial or operational information in relation to the subsidy.
The bill would also require the BPU to develop, and publish on its Internet website, a list of all energy-related subsidies offered in the State by the BPU, or by an electric public utility or gas public utility at the direction of the board, including, but not limited to Class I RECs and SREC-IIs. The list would be required to be updated at least once per year. The bill would authorize the BPU to implement uniform transparency standards, applicable to all energy generation systems, regardless of fuel type, and to adopt rules to require commercial entities that receive State subsidies to publish certain financial or operational information in relation to the subsidy. Finally, the bill would require the BPU to submit an annual report to the Governor and Legislature concerning commercial entities that receive State subsidies.
The intent of the bill is to encourage energy generators to either adhere to stricter accountability and oversight in their use of public funds, or to forgo subsidies and become free market entities. Since the bill's requirements would only be imposed on energy companies that choose to receive subsidies, energy companies would be free to opt-out of the requirements.
