Bill Text: NJ A332 | 2022-2023 | Regular Session | Introduced
Bill Title: Prohibits electric public utilities from charging certain customers peak rates under certain circumstances.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced, Referred to Assembly Telecommunications and Utilities Committee [A332 Detail]
Download: New_Jersey-2022-A332-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Assemblyman RONALD S. DANCER
District 12 (Burlington, Middlesex, Monmouth and Ocean)
Assemblyman DANIEL R. BENSON
District 14 (Mercer and Middlesex)
SYNOPSIS
Prohibits electric public utilities from charging certain customers peak rates under certain circumstances.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning certain electric public utility service rates or charges and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Board" means the Board of Public Utilities or any successor agency.
"Electric public utility" or "utility" means a public utility, as that term is defined in R.S.48:2-13, that provides electric distribution service.
"Electric-related service" means a service provided by an electric public utility that is directly related to the consumption of electricity by a customer, the provision of energy consumption measurement, and billing services.
"Major public health emergency" means a health emergency that has resulted in the Governor declaring a public health emergency, pursuant to section 3 of P.L.2005, c.222 (C.26:13-3), and a state of emergency, pursuant to P.L.1942, c.251 (C.App.A:9-33 et seq.), within this State.
"Non-essential business customer" means a business customer of an electric public utility that closes or is not able to conduct its business operations at any time during a major public health emergency, in response to one or more executive orders issued by the Governor during that major public health emergency.
"Peak rate" means the highest rate or charge level set by an electric public utility, as published in its tariff for service, during a period of time established by the utility using a time-of-use pricing method.
"Time-of-use pricing method" means a method of setting rates and charges of an electric public utility for electric power or electric-related service where the rates or charges are set for a specific time period on an advance or forward basis and the rates and charges paid for electric power consumed during these specific time periods are pre-established and known to customers in advance, allowing customers to vary their electric power usage in response to these rates and charges and manage their electricity costs by shifting usage to a lower cost period or reducing their consumption overall.
2. An electric public utility shall not charge a non-essential business customer a peak rate for electric power or electric-related service during a major public health emergency. The utility shall provide a credit representing the reduction in the rate or charge to a non-essential business customer due to the removal of a peak rate during a major public health emergency. The credit provided shall represent a period of time beginning upon the declaration and throughout a major public health emergency and shall be included in a periodic bill sent to a non-essential business customer after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill). The board shall not allow a utility to include as an operating expense or otherwise recover from its ratepayers the cost of any reduced revenues incurred by the utility under P.L. , c. (C. ) (pending before the Legislature as this bill).
3. This act shall take effect immediately and shall be retroactive to March 9, 2020.
STATEMENT
This bill prohibits an electric public utility (utility) from charging a non-essential business customer a peak rate for electric power or electric-related service during a major public health emergency. The utility is to provide a credit representing the reduction in the rate or charge to a non-essential business customer due to the removal of a peak rate during a major public health emergency. The credit is to represent a period of time beginning upon the declaration and throughout a major public health emergency and is to be included in a periodic bill sent to a non-essential business customer after the effective date of this bill. The bill prohibits the Board of Public Utilities from allowing a utility to include as an operating expense or otherwise recover from its ratepayers the cost of any reduced revenues incurred by the utility under the bill. The bill defines "non-essential business customer," "peak rate," and "major public health emergency."
