Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
SYNOPSIS
Prohibits certain public utilities from sending residential customers redundant written notice of enrollment in government energy aggregation programs.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning government energy aggregation programs and amending P.L.2003, c.24.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 2 of P.L.2003, c.24 (C.48:3-93.2) is amended to read as follows:
2. a. The provisions of the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.) to the contrary notwithstanding, within 90 days of the effective date of P.L.2003, c.24 (C.48:3-93.1 et al.) the Board of Public Utilities shall adopt rules and regulations authorizing an electric public utility or a gas public utility, upon the request of the governing body of a county or municipality, to assist a government aggregator that is a municipality or a county in establishing a government energy aggregation program. The rules and regulations adopted pursuant to this section shall be effective as rules and regulations immediately upon filing with the Office of Administrative Law and shall be effective for a period not to exceed 18 months, and shall, thereafter, be amended, adopted, or readopted by the board pursuant to the provisions of the "Administrative Procedure Act." The rules and regulations adopted pursuant to this section shall set forth a process for the establishment of a government energy aggregation that: (1) requires a government aggregator that is a municipality or a county to establish a government energy aggregation program by ordinance or resolution, as appropriate, and to award a contract for the government energy aggregation program to a licensed electric power supplier or licensed gas supplier pursuant to the "Local Public Contracts Law," P.L.1971, c.198 (C.40A:11-1 et seq.), provided, however, that such an award may be made on the basis of the most advantageous proposal, price, and other factors considered; (2) includes residential customers on an opt-out basis prior to the solicitation of bids from a licensed electric power supplier or licensed gas supplier and non-residential customers on an opt-in basis; (3) requires an electric public utility or gas public utility, as the case may be, to notify utility customers, after the adoption of an ordinance or resolution, of the proposed government energy aggregation program and of the customer's right to decline to participate in the program; (4) requires an electric public utility or a gas public utility, as the case may be, to provide appropriate customer information to a government aggregator that is a municipality or a county after the government aggregator has awarded a contract for a government energy aggregation program to a licensed electric power supplier or licensed gas supplier, as the case may be; (5) provides that an electric public utility or a gas public utility shall exercise reasonable care in the disclosure of customer information pursuant to this section but shall not be responsible for errors or omissions in the preparation or the content of the customer information; (6) provides that an electric public utility or gas public utility shall not disclose to any governing body, licensed electric power supplier, or licensed gas supplier the name, load profile, or any other customer information about a non-residential customer prior to that non-residential customer opting in to the government energy aggregation program; [and] (7) authorizes an electric public [utilities and] utility or gas public [utilities] utility to prioritize requests made by a governing [bodies] body pursuant to this section; and (8) notwithstanding section 37 of P.L.1999, c.23 (C.48:3-86), prohibits an electric public utility or gas public utility from sending redundant written notice of enrollment in a government energy aggregation program to a residential customer of the electric public utility or gas public utility who has enrolled in a government energy aggregation program and who previously received written notice concerning enrollment from a municipality, or an electric power supplier or gas supplier acting on behalf of the municipality.
b. The rules and regulations adopted by the board pursuant to this section shall provide for the recovery by an electric public utility or a gas public utility of all reasonable costs incurred by the electric public utility or gas public utility in implementing [a] government energy aggregation and all reasonable costs incurred in assisting a governing body considering a government energy aggregation program. The rules and regulations shall provide that the costs allowed to be recovered pursuant to this subsection shall be recovered on a timely basis from the governing body or government energy aggregator that is a municipality or a county, as the case may be. [No] An electric public utility or gas public utility shall not be required to seek recovery of costs for a government energy aggregation program or costs for assisting a governing body considering a government energy aggregation program from the electric public utility's or gas public utility's shareholders or ratepayers.
c. As used in this section: "electric public utility," "gas public utility," "government aggregator," "government energy aggregation program," "electric power supplier," and" gas supplier" shall have the same meaning as set forth in section 3 of P.L.1999, c.23 (C.48:3-51); and "redundant written notice" means written correspondence from an electric public utility or gas public utility to a residential customer of the electric public utility or gas public utility who has enrolled in a government energy aggregation program solely intended to inform the customer that the electric public utility or gas public utility received a change order form
from an electric power supplier or gas supplier.
(cf: P.L.2003, c.24, s.2)
2. This act shall take effect immediately.
STATEMENT
This bill prohibits an electric public utility or gas public utility (utility) from sending redundant written notice of enrollment in a government energy aggregation program to a residential customer of the utility if that customer has previously received written notice concerning enrollment from a municipality, or an electric power supplier or gas supplier acting on behalf of the municipality. A government energy aggregation program is a program and procedure where a municipal or county government, school district, or county college that enters into a written contract with a licensed electric power supplier or a licensed gas supplier for: (1) the provision of electric generation service or gas supply service for its own use or the use of other government aggregators; or (2) if a municipal or county government, the provision of electric generation service or gas supply service on behalf of business or residential customers within its territorial jurisdiction. Redundant written notice is defined to mean written correspondence from a utility to a residential customer of the utility who has enrolled in a government energy aggregation program solely intended to inform the customer that the utility received a change order form from an electric power supplier or gas supplier.
Currently, a utility, or a municipality or county, sends written notice to residential customers that a government energy aggregation program has been established and that the residential customer must opt out of the program to avoid inclusion. Likewise, pursuant to the State's anti-slamming law, a utility also sends written notice to residential customers affected by the government energy aggregation program that the utility has received a change order from the new electric power supplier or gas supplier. This bill eliminates the written notice sent by the utility to residential customers as a result of the utility receiving a change order from the new electric power or gas supplier.