Establishes Division of Energy Resource and Development; transfers certain responsibilities from BPU to the Division of Energy Resource and Development.

A4004

ASSEMBLY, No. 4004

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED FEBRUARY 5, 2026

Sponsored by:

Assemblyman� ROBERT J. KARABINCHAK

District 18 (Middlesex)

Assemblyman� CODY D. MILLER

District 4 (Atlantic, Camden and Gloucester)

Assemblywoman� HEATHER SIMMONS

District 3 (Cumberland, Gloucester and Salem)

SYNOPSIS

���� Establishes Division of Energy Resource and
Development; transfers certain responsibilities from BPU to the Division of
Energy Resource and Development.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act

establishing the Division of Energy Resource and
Development, supplementing Title 48 of the Revised Statutes, and amending
various parts of the statutory law.

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

���� 1.��� (New section) As used in
sections 1 through 10 of P.L. , c. (C. through
C. ) (pending before the
Legislature as this bill): �

���� �Board� means the New Jersey Board
of Public Utilities.

���� �Director� means the Director
of Energy Resource and Development.

���� �Division� means the Division
of Energy Resource and Development established pursuant to section 2 of P.L. , c. (C. ) (pending
before the Legislature as this bill).

���� �President� means the
President of the New Jersey Board of Public Utilities.

���� 2.��� (New section)� There is
established, in but not of, the Department of the Treasury, a division that
shall be known as the Division of Energy Resource and Development.

���� 3.��� (New section) a. �The
administrator and chief executive officer of the division shall be a director,
who shall be known as the Director of Energy Resource and Development, and who
shall be a person qualified by training and experience to perform the duties of
the office. �The director shall be appointed by the Governor, with the advice
and consent of the Senate, and shall serve at the pleasure of the Governor
during the Governor�s term of office and until the appointment and
qualification of the director�s successor. �The director shall devote the director�s
entire tenure to the duties of the office and shall receive a salary as shall
be provided by law. �Any vacancy occurring in the office of the director shall
be filled in the same manner as the original appointment.

���� b.��� The director, as
administrator and chief executive officer of the division, shall:�

���� (1)�� administer the work of
the division;

���� (2)�� appoint deputy and
assistant directors and other personnel as the director deems appropriate to
receive such compensation as may be provided by law;

���� (3)�� perform, exercise, and
discharge the functions, powers, and duties of the division;

���� (4)�� organize the work of the
division in such offices, not inconsistent with the provisions of P.L. ,
c. (C. )
(pending before the Legislature as this bill), and in such other organizational
units as the director may determine to be necessary for efficient and effective
operation;

���� (5)�� adopt, issue, and
promulgate, in the name of the division, such rules and regulations as may be
authorized by law, consistent with the �Administrative Procedure Act,�
P.L.1968, c.410 (C.52:14B-1 et seq.);

���� (6)�� make reports on the division�s
operation as the Governor or the Legislature shall from time-to-time request or
as may be required by law; and

���� (7)�� perform any other
functions as may be prescribed in P.L. , c. (C. )
(pending before the Legislature as this bill) or by any other law.

���� 4. (New section) �The
functions, powers, and duties of the division shall be those specified in
P.L. , c.
(C. ) (pending before the
Legislature as this bill), and any other statute, and shall include, but not be
limited to:�

���� a.� providing a unified
direction of policies, programs, and personnel in the field of energy
efficiency, renewable energy, and emissions reduction;

���� b. developing strategies,
concepts, and tools to enhance outreach and education programs to increase
knowledge and awareness about energy efficiency and sustainable energy among
New Jersey residents and businesses;

���� c.� supporting the State�s
clean energy, electric vehicle, and energy efficiency programs to ensure New
Jersey is providing leadership on energy efficiency and sustainable energy
generation;

���� d. providing support to State
agencies in reaching State energy and greenhouse gas emission goals; and

���� e.� developing plans for
responding to energy crises and securing energy systems in the State.

���� 5. (New section) �All
responsibilities in the Board of Public Utilities relating to energy policy and
development are transferred to the Division of Energy Resource and Development,
including, but not limited to, energy efficiency programs, clean energy
programs, energy generation planning, the board�s Office of the Business
Ombudsman, and electric vehicle incentive programs.

���� 6. (New section)� The
director, in consultation with the President of the board, shall develop a
schedule for the orderly transfer of the programs and offices listed pursuant
to section 5 of P.L. , c. (C. ) (pending
before the Legislature as this bill).

���� 7. (New section)� A
proportionate share of the programmatic, administrative, and support staff of
the board supporting the functions, powers, and duties transferred to the
division pursuant to P.L. , c.
(C. ) (pending before the
Legislature as this bill) shall be transferred to the division.� The transfer
of specific facilities, resources, and personnel shall be determined by
agreement between the director and the president after considering the number
and type of positions currently used to support the functions, powers, and
duties transferred and the appropriateness of transferring personnel,
positions, and funding.

���� 8.��� (New section)� The
provisions of P.L. , c.
(C. ) (pending before the
Legislature as this bill) shall not:�

���� a.���� affect the tenure,
compensation, or pension rights, if any, of the lawful holder thereof in any
position not specifically abolished herein; or

���� b.��� alter the term of any
member of any board, commission, or public body, not specifically abolished
herein, lawfully in office on the effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill), or require the reappointment
thereof.

���� 9.��� (New section)� The
provisions of P.L. , c.
(C. ) (pending before the
Legislature as this bill) shall be subject to the provisions of the �State
Agency Transfer Act,� P.L.1971, c.375 (C.52:14D-1 et seq.), except as may
otherwise be provided pursuant to P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� 10.� (New section) a.� Upon
the effective date of P.L. , c. (C. ) (pending
before the Legislature as this bill), all powers, duties, functions,
responsibilities, and authority related to the administration, implementation,
and regulation of all energy efficiency and clean energy programs established
pursuant to chapter 3 of Title 48 of the Revised Statutes, and any other law,
rule, regulation, or board order, shall be transferred from the board to the
division.

���� b.��� Any reference in
statute, regulation, contract, or other document to the Board of Public
Utilities with respect to the administration of energy efficiency programs
under chapter 3 of Title 48 of the Revised Statutes shall, upon the effective
date of P.L. , c.
(C. ) (pending before the
Legislature as this bill), be deemed to refer to the division.

���� 11.� (New section) Upon the
effective date of P.L. , c. (C. )
(pending before the Legislature as this bill), all powers, duties, functions,
responsibilities, and authority related to the administration, implementation,
and regulation of an energy savings improvement program by a board of education
under chapter 18A of Title 18A shall be transferred to and continued in the
Division of Energy Resource and Development established pursuant to section 2
of P.L. , c.
(C. ) (pending before the Legislature
as this bill).

���� 12.� Section 1 of P.L.2007, c.340
(C.26:2C-45) is amended to read as follows:�

���� 1.��� The Legislature finds
and declares that New Jersey should implement cost-effective measures to reduce
emissions of greenhouse gases, and that emissions trading and the auction of
allowances is an effective mechanism to accomplish that objective.

���� The Legislature further finds
and declares that entering into agreements or arrangements with appropriate
representatives of other states furthers the purposes of P.L.2007, c.340
(C.26:2C-45 et al.) and the "Global Warming Response Act," P.L.2007,
c.112 (C.26:2C-37 et al.).

���� The Legislature further finds
and declares that any carbon dioxide emissions allowance trading program
established in the State to reduce emissions of greenhouse gases must provide
both incentives to reduce emissions at their sources and funding or other
consumer benefit incentives to reduce the demand for energy, which in turn
would reduce the generation and emission of greenhouse gases.

���� The Legislature further finds
and declares that funding consumer benefit purposes will result in reduced
costs to New Jersey consumers, decreased energy use, decreased greenhouse gas
emissions, and substantial and tangible benefits to the energy-using business
sector.

���� The Legislature further finds
and declares that efforts to reduce greenhouse gas emissions in New Jersey must
include complementary programs to reduce greenhouse gas emissions from
electricity generated outside of the State but consumed in New Jersey, and that
one measure that may be most effective in doing so is the adoption of a
greenhouse gas emissions portfolio standard as authorized pursuant to the
"Global Warming Response Act," P.L.2007, c.112 (C.26:2C-37 et al.)
and section 38 of P.L.1999, c.23 (C.48:3-87).

���� The Legislature further finds
and declares that energy efficiency and conservation measures and increased use
of renewable energy resources must be essential elements of the State's energy
future and that greater reliance on energy efficiency, conservation, and
renewable energy resources will provide significant benefits to the citizens of
this State.

���� The Legislature further finds
and declares that public utility involvement and competition in the renewable
energy, conservation and energy efficiency industries are essential to maximize
efficiencies and the use of renewable energy and that the provisions of
P.L.2007, c.340 (C.26:2C-45 et al.) must be implemented to further competition.

���� The Legislature further finds
and declares that any emissions allowance trading program established in the
State to reduce emissions of greenhouse gases should transition to any federal
program enacted by the federal government that is comparable to the emissions
allowance trading program established in New Jersey.

���� The Legislature therefore
determines that it is in the public interest to establish a program that
requires the State to dedicate to consumer benefit purposes up to 100 percent
of the revenues derived from the auction or other sale of allowances pursuant
to an emissions allowance trading program and to require the Commissioner of
Environmental Protection and the
[
President
of the Board of Public Utilities
]

Director of Energy Resource and Development
to further the purposes of
P.L.2007, c.340 (C.26:2C-45 et al.) and the "Global Warming Response
Act," P.L.2007, c.112 (C.26:2C-37 et al.), by participating with other
states in the activity of a separate legal entity established for the purpose
of administering the Regional Greenhouse Gas Initiative.

(cf: �P.L.2019, c.328, s.1)

���� 13.� Section 2 of P.L.2007,
c.340 (C.26:2C-46) is amended to read as follows:�

���� 2.��� As used in sections 1
through 11 and sections 14 and 15 of P.L.2007, c.340 (C.26:2C-45 et
[
seq
]

al
.):

���� "Allowance" means a
limited authorization, as defined by the department, to emit up to one ton of
carbon dioxide or its equivalent.

���� "Board" means the
Board of Public Utilities.

���� "Compliance entity"
means an owner or operator of an electric generating unit, with a nameplate
capacity equal to or greater than 25 megawatts of electrical output, in New
Jersey that is required to obtain allowances in order to operate an electric
generating unit that holds an operating permit from the department issued
pursuant to P.L.1954, c.212 (C.26:2C-1 et seq.), whether that unit is in
operation or in development.� "Compliance entity" shall not include
any cogeneration facility or combined heat and power facility that is an
"on-site generation facility" as that term is defined in section 3 of
P.L.1999, c.23 (C.48:3-51) and sells less than 10 percent of its annual gross
electrical generation.

���� "Consumer benefit"
means any action or measure to:� promote energy efficiency; directly mitigate
electricity ratepayer impacts; develop and deliver renewable or
non-carbon-emitting energy technologies; stimulate or reward investment in the
development of innovative carbon emissions abatement technologies with
significant carbon emissions reduction potential; fund programs that promote
measurable electricity end-use energy efficiency in the commercial,
institutional, and industrial sectors; or fund the administration of greenhouse
gas emissions allowance trading and consumer benefit programs.

���� "Department" means
the Department of Environmental Protection.

����
�Division of Energy
Resource and Development� or �division� means the Division of Energy Resource
and Development established pursuant to section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� "Dispatch agreement
facility" means a facility that is a compliance entity that is a
cogeneration facility or has a heat rate below 8,100 BTU per kilowatt-hour, and
has entered into a power agreement:� (1) with a duration of more than 15 years from
its effective date; (2) that provides that the entity's counterpart to the
agreement controls the electric dispatch of the facility; (3) which was
executed prior to January 1, 2002; and (4) which does not allow for the entity
to pass the cost of allowances on to the counterpart to the agreement.

���� "Global Warming Solutions
Fund" or "fund" means the "Global Warming Solutions
Fund" established pursuant to section 6 of P.L.2007, c.340 (C.26:2C-50).

���� "Greenhouse gas"
means the same as the term is defined in section 3 of P.L.2007, c.112
(C.26:2C-39).

���� "Qualified
participant" means a compliance entity or other entity that meets
financial assurance and any other requirements to participate in an auction, as
determined by the department in consultation with other entities participating
in a regional, national or international program.

���� "Regional Greenhouse Gas
Initiative" means the cooperative effort to reduce carbon dioxide
emissions entered into by the governors of seven states through a Memorandum of
Understanding signed on December 20, 2005, as amended.

(cf:� P.L.2007, c.340, s.2)

���� 14.� Section 3 of P.L.2007, c.340
(C.26:2C-47) is amended to read as follows:�

���� 3.��� a. (1) The department
shall establish a greenhouse gas emissions allowance trading program consistent
with the RGGI Model Rule and associated guidance documents, in order to
participate in the Regional Greenhouse Gas Initiative for the purposes of
reducing or preventing emissions of greenhouse gases. �The department shall
adopt rules and regulations, pursuant to the "Administrative Procedure
Act," P.L.1968, c.410 (C.52:14B-1 et seq.), to implement this greenhouse
gas emissions allowance trading program, and shall take into consideration the
principles and goals of the New Jersey Energy Master Plan in the rule making
process.� The department shall cooperate and coordinate with other states or
countries that are participating in regional, national, or international carbon
dioxide emissions trading programs with the same or similar purpose.� In doing
so, the department shall exclude from the requirement to purchase or acquire
any allowances under any greenhouse gas emissions trading program any
cogeneration facility or combined heat and power facility that is an
"on-site generation facility" as that term is defined in section 3 of
P.L.1999, c.23 (C.48:3-51) and sells less than 10 percent of its annual gross
electrical generation.

���� (2)�� Approval and notice by
the department of specific procedures and requirements for any auction or other
sale of allowances which are formulated by a for-profit or non-profit
corporation, association or organization which the department and the
[
board
]

division
participate
in pursuant to section 11 of P.L.2007, c.340 (C.26:2C-55) shall not be subject
to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), provided that the specific procedures and requirements are consistent
with the process and general requirements outlined in rules and regulations
adopted by the department, and the public is afforded an opportunity for review
and comment on such specific procedures and requirements.

���� b.��� Any auction to convey
allowances:

���� (1)�� shall be conducted based
on the schedule and frequency adopted by the department in consultation with
other entities participating in a regional program;

���� (2)�� shall include auction
design elements that minimize allowance price volatility, guard against bidder
collusion, and mitigate the potential for market manipulation;

���� (3)�� shall include provisions
to ensure the continued market availability of allowances to entities regulated
under a greenhouse gas emissions allowance trading program, taking into account
the outcomes of auctions and monitoring of the allowance market, which may
include the adoption of a flexible process that allows for ongoing modification
of auction design and procedures in response to allowance market conditions and
allowance market monitoring data, provided that the process allows for public
comment and input; and

���� (4)�� may be open to all
qualified participants, and all qualified participants may sell or otherwise
agree to transfer any or all allowances to any eligible entity.

���� c.���� The department shall
review its position with the Regional Greenhouse Gas Initiative, or any
subsequent regional auction, on an annual basis, including the amount of
allowances that should be included in a regional auction.� This annual review
shall include consideration of the environmental and economic impact of the
auction, leakage impacts, and the impact on electric generation facilities and
ratepayers in the State.� The department shall submit a written report of this
review 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 also be posted on the
department's website.

(cf: �P.L.2019, c.328, s.2)

���� 15.� Section 7 of P.L.2007,
c.340 (C.26:2C-51) is amended to read as follows:�

���� 7.��� a.� The agencies
administering programs established pursuant to this section shall maximize
coordination in the administration of the programs to avoid overlap between the
uses of the fund prescribed in this section.

���� b.��� Moneys in the fund,
after appropriation annually for payment of administrative costs authorized
pursuant to subsection c. of this section, shall be annually appropriated and
used for the following purposes:

���� (1)�� Sixty percent shall be
allocated to the New Jersey Economic Development Authority to provide grants
and other forms of financial assistance to commercial, institutional, and
industrial entities to support end-use energy efficiency projects and new,
efficient electric generation facilities that are state of the art, as
determined by the department, including but not limited to energy efficiency
and renewable energy applications, to develop combined heat and power
production and other high efficiency electric generation facilities, to
stimulate or reward investment in the development of innovative carbon
emissions abatement technologies with significant carbon emissions reduction or
avoidance potential, to develop qualified offshore wind projects pursuant to
section 3 of P.L.2010, c.57 (C.48:3-87.1), and to provide financial assistance
to manufacturers of equipment associated with qualified offshore wind
projects.� The authority, in consultation with the board and the department,
shall determine:� (a) the appropriate level of grants or other forms of
financial assistance to be awarded to individual commercial, institutional, and
industrial sectors and to individual projects within each of these sectors; (b)
the evaluation criteria for selecting projects to be awarded grants or other
forms of financial assistance, which criteria shall include the ability of the
project to result in a measurable reduction of the emission of greenhouse gases
or a measurable reduction in energy demand, provided
[
, however,
]
that neither
the development of a new combined heat and power production facility, nor an
increase in the electrical and thermal output of an existing combined heat and
power production facility, shall be subject to the requirement to demonstrate
such a measurable reduction; and (c) the process by which grants or other forms
of financial assistance can be applied for and awarded including, if
applicable, the payment terms and conditions for authority investments in
certain projects with commercial viability;

���� (2)�� Twenty percent shall be
allocated to the
[
board
]

Division
of Energy Resource and Development
to support programs that are designed to
reduce electricity demand or costs to electricity customers in the low-income
and moderate-income residential sector with a focus on urban areas, including
efforts to address heat island effect and reduce impacts on ratepayers
attributable to the implementation of P.L.2007, c.340 (C.26:2C-45 et al.) or to
support the light duty plug-in electric vehicle incentive program and the
incentive program for in-home electric vehicle service equipment established
pursuant to sections 4 and 6 of P.L.2019, c.362 (C.48:25-4 and C.48:25-6).� For
the purposes of this paragraph, the
[
board
]

Division
of Energy Resource and Development
, in consultation with the authority and
the department, shall determine the types of programs to be supported and the
mechanism by which to quantify benefits to ensure that the supported programs
result in a measurable reduction in energy demand or accomplishment of the
plug-in electric vehicle goals established pursuant to section 3 of P.L.2019,
c.362 (C.48:25-3);

���� (3)�� Ten percent shall be
allocated to the department to support programs designed to promote local
government efforts to plan, develop and implement measures to reduce greenhouse
gas emissions, including but not limited to technical assistance to local governments,
and the awarding of grants and other forms of assistance to local governments
to conduct and implement energy efficiency, renewable energy, and distributed
energy programs and land use planning where the grant or assistance results in
a measurable reduction of the emission of greenhouse gases or a measurable
reduction in energy demand. �For the purpose of conducting any program pursuant
to this paragraph, the department,

in consultation with the authority
and the
[
board
]

Division
of Energy Resource and Development
, shall determine:� (a) the appropriate
level of grants or other forms of financial assistance to be awarded to local
governments; (b) the evaluation criteria for selecting projects to be awarded
grants or other forms of financial assistance; (c) the process by which grants
or other forms of financial assistance can be applied for and awarded; and (d)
a mechanism by which to quantify benefits; and

���� (4)�� Ten percent shall be
allocated to the department to support programs that enhance the stewardship
and restoration of the State's forests and tidal marshes that provide important
opportunities to sequester or reduce greenhouse gases.

���� c.���� (1) The department may
use up to four percent of the total amount in the fund each year to pay for
administrative costs justifiable and approved in the annual budget process,
incurred by the department in administering the provisions of P.L.2007, c.340 (C.26:2C-45
et al.) and in administering programs to reduce the emissions of greenhouse
gases including any obligations that may arise under subsection a. of section
11 of P.L.2007, c.340 (C.26:2C-55).

���� (2)�� The
[
board
]

Division
of Energy Resource and Development
may use up to two percent of the total
amount in the fund each year to pay for administrative costs justifiable and
approved in the annual budget process, incurred by the
[
board
]

Division
of Energy Resource and Development
in administering the provisions of
P.L.2007, c.340 (C.26:2C-45 et al.) and in administering programs to reduce the
emissions of greenhouse gases including any obligations that may arise under
subsection a. of section 11 of P.L.2007, c.340 (C.26:2C-55).

���� (3)�� The New Jersey Economic
Development Authority may use up to two percent of the total amount in the fund
each year to pay for administrative costs justifiable and approved in the
annual budget process, incurred by the authority in administering the provisions
of P.L.2007, c.340 (C.26:2C-45 et al.) and in administering programs to reduce
the emissions of greenhouse gases.

���� d.��� The State Comptroller
shall conduct or supervise independent audit and fiscal oversight functions of
the fund and its uses.

(cf:� P.L.2019, c.362, s.12)

���� 16.� Section 11 of P.L.2007,
c.340 (C.26:2C-55) is amended to read as follows:

���� 11. �a. Notwithstanding the
provisions of any other law, rule or regulation to the contrary, to further the
purposes of P.L.2007, c.340 (C.26:2C-45 et al.) and the "Global Warming
Response Act," P.L.2007, c.112 (C.26:2C-37 et al.), the commissioner and
the
[
board
president
]

Director of Energy Resource and Development
, or their respective
designees, shall:

���� (1)�� enter any agreement or
arrangement with the appropriate representatives of other states, including the
formation of a for-profit or non-profit corporation, any form of association,
or any other form of organization, in this or another state; and

���� (2)�� participate in any such
corporation, association, or organization, and in any activity in furtherance
of the purposes thereof, in any capacity including, but not limited to, as
directors or officers.

���� b.��� Any actions that are
consistent with, and that further the purposes of, P.L.2007, c.340 (C.26:2C-45
et al.) and the "Global Warming Response Act," P.L.2007, c.112
(C.26:2C-37 et al.) taken by the commissioner or the
[
board president
]

Director
of Energy Resource and Development
, or any employee of the department or
the
[
board
]

division

authorized to take such actions by the commissioner or the
[
board
president
]

Director of Energy Resource and Development
, to form such corporation,
association or organization, to participate in its activities, or to enter an
agreement or arrangement prior to the date of enactment of P.L.2007, c.340
(C.26:2C-45 et al.), are hereby validated.

���� c.���� Nothing in P.L.2007,
c.340 (C.26:2C-45 et al.) shall be deemed to constitute a waiver of sovereign
immunity.� By entering any agreement or arrangement authorized pursuant to this
section, neither the commissioner nor the
[
board
president
]

Director of Energy Resource and Development
, nor their respective
designees, nor the State consents to suit outside of New Jersey or consents to
the governance of such suit under any law other than that of New Jersey.

(cf: �P.L.2019, c.328, s.4)

���� 17.� Section 14 of P.L.2007,
c.340 (C.26:2C-56) is amended to read as follows:�

���� 14. �a. �If the price of
allowances at two consecutive regional auctions in which the State of New
Jersey is a participant exceeds $7 per allowance, the department and the
[
board
]

Division
of Energy Resource and Development
shall, within 90 days after the second
auction, develop an action plan for immediate ratepayer relief and hold a joint
public hearing or hearings regarding the allowance price.

���� b.��� No later than 90 days
after the final hearing is held, the department and the
[
board
]

Division
of Energy Resource and Development
shall jointly issue a report to the
Governor and the Legislature, pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), with their findings and recommendations.

(cf: �P.L.2007, c.340, s.14)

���� 18.� Section 1 of P.L.2019, c.319
(C.26:2C-59) is amended to read as follows:�

���� 1.��� a. �Whenever the
Department of Environmental Protection, the
[
Board
of Public Utilities
]

Division of Energy Resource and Development
, or any other State agency
calculates a global warming potential for the purposes of assessing the global
warming impact of a greenhouse gas, the Department of Environmental Protection,
the
[
Board
of Public Utilities
]

Division of Energy Resource and Development
, or other State agency shall
use a 20-year time horizon.

���� b.��� Whenever relevant to
assessing global warming impacts, the Department of Environmental Protection,
the
[
Board
of Public Utilities
]

Division of Energy Resource and Development
, or any other State agency
shall use the most recent version of the Intergovernmental Panel on Climate
Change's Assessment Report, or a substantially similar, more recent report that
addresses global warming impacts at a comparably rigorous level.�

���� c.���� Whenever the Department
of Environmental Protection, the
[
Board
of Public Utilities
]

Division of Energy Resource and Development
, or any other State agency
performs a socio-economic impact analysis pursuant to section 4 of P.L.1968,
c.410 (C.52:14B-4), and that analysis involves the socio-economic impact of
global warming, the agency shall use the lowest discount rates that are consistent
with federal guidelines, including the federal Office of Management and Budget
Circular A-94, or successor guidance.

(cf: �P.L.2019, c.319, s.1)

���� 19.� Section 1 of P.L.2020, c.38
(C.26:2C-68) is amended to read as follows:�

���� 1.��� a.� There is established
in the
[
Board
of Public Utilities
]

Division of Energy Resource and Development
the New Jersey Fuel Cell
Task Force. �The purpose of the task force shall be to develop a plan to
increase the use of fuel cells in the State and to provide information,
education, and resources for that purpose. �The task force shall:

���� (1)�� serve as a resource to
State departments and local governments on fuel cell issues;

���� (2)�� assist in the growth of
fuel cell businesses in the State;

���� (3)�� increase the use of fuel
cells throughout State government departments and agencies;

���� (4)�� develop a strategy for
the development of infrastructure to support the use of fuel cells; and

���� (5)�� provide information and
educational materials to the public, government, and industry about the use and
benefits of fuel cells.

���� In conducting its duties, the
task force shall consult with the United States Department of Energy and any
fuel cell organizations that may exist in other states.

���� b.��� The task force shall
consist of 15 members as follows:

���� (1)�� The Commissioner of
Environmental Protection, the
[
President
]

Director

of
[
the
Board of Public Utilities
]

Energy Resource and Development
, the Commissioner of Transportation, the
Commissioner of Community Affairs, the Chief Executive Officer of the New
Jersey Economic Development Authority, who shall serve ex officio, or their
respective designees; and

���� (2)�� the following public
members, appointed by the Governor:

���� (a)�� one member representing
a fuel cell advocacy group in the State;

���� (b)�� one member representing
fuel cell manufacturers;

���� (c)�� one member representing
suppliers of hydrogen for fuel cells;

���� (d)�� one member representing
fuel cell vehicle manufacturers;

���� (e)�� two members of the
academic community with expertise in fuel cells;

���� (f)�� one member representing
a manufacturer of stationary fuel cells;

���� (g)�� one member with
expertise in fuel cell powered material handling equipment;

���� (h)�� one member representing
local government with expertise in municipal land use matters; and

���� (i)��� one member with
expertise in retail fuel sales and distribution.

���� c.���� All appointments to the
task force shall be made no later than 90 days after the effective date of this
act. �Each public member shall serve for four years or until a successor is
appointed, and vacancies shall be filled in the same manner as the original
appointments. �The members of the task force shall serve without compensation,
but shall be eligible for reimbursement for necessary and reasonable expenses
incurred in the performance of their official duties within the limits of funds
appropriated or otherwise made available to the task force for its purposes.

���� d.��� The task force shall
organize as soon as practicable following the appointment of all its public
members and shall select a chairperson and a vice-chairperson from among its
members, as well as a secretary who need not be a member of the task force. �A
majority of the full membership of the task force shall constitute a quorum for
the transaction of task force business. �The task force may meet and hold
hearings at the place or places the task force designates.

���� The
[
Board of Public Utilities
]

Division
of Energy Resource and Development
shall provide staff support to the task
force. �The task force shall be entitled to call to its assistance and avail
itself of the services of the employees of any State, county, or municipal
department, board, bureau, commission, or agency as the task force may require
and as may be available to the task force for its purposes.

���� e.���� No later than one year
after its organization, and annually thereafter, the task force shall prepare
and submit to the Governor and, pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), to the Legislature, a report detailing the task force's plan to
increase the use of fuel cells in the State, including any recommendations for
legislative or regulatory action that are necessary to effectuate the plan.�

(cf: �P.L.2020, c.38, s.1)

���� 20.� Section 3 of P.L.2023, c.312
(C.46:3C-15) is amended to read as follows:�

���� 3.��� The New Jersey Real
Estate Commission in the New Jersey Department of Banking and Insurance shall,
in conjunction with the Clean Energy Program in the
[
New Jersey Board of Public
Utilities
]

Division of Energy Resource and Development
, inform consumers of
P.L.2023, c.312 (C.46:3C-13 et seq.) by posting, on the Internet websites of
the commission and the program, information about the requirements of P.L.2023,
c.312 (C.46:3C-13 et seq.) and related penalties for noncompliance.

(cf: �P.L.2023, c.312, s.3)

���� 21.� Section 1 of P.L.2005,
c.215 (C.48:2-92) is amended to read as follows:�

���� 1.��� This act shall be known
and may be cited as the "
[
BPU
]

Energy

Business Ombudsman Act."

(cf: �P.L.2005, c.215, s.1)

���� 22.� 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
]

appoint an Energy
Business Ombudsman within the
[
Board of
Public Utilities
]

Division of Energy Resource and Development
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
]

Director

of
[
the
Board of Public Utilities
]

Energy Resource and Development
to appoint
[
a BPU
]

an Energy
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
]

an Energy

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.

(cf:� P.L.2005, c.215, s.2)

���� 23.� Section 3 of P.L.2005,
c.215 (C.48:2-94) is amended to read as follows:�

���� 3.��� As used in
[
this act
]

P.L.2005,
c.215 (C.48:2-92 et seq.)
:

���� "Act" means the
"
[
BPU
]

Energy

Business Ombudsman Act."

����
[
"Board" means the Board
of Public Utilities.
]

���� "Business project or
activity" means a new commercial or industrial business or enterprise or
the expansion or improvement of an existing commercial or industrial business
or enterprise in this State.

����
�Director� means the
Director of Energy Resource and Development.

����
�Division� means the
Division of Energy Resource and Development established pursuant to section 2
of P.L. , c.
(C. ) (pending before the
Legislature as this bill).

���� "
[
BPU
]

Energy

Business Ombudsman" means the person appointed by the
[
President of
the Board
]

Director of Energy Resource and Development
pursuant to section 4 of
[
this act
]

P.L.2005,
c.214 (C.48:2-92 et seq.)
.

(cf:� P.L.2005, c.215, s.3)

���� 24.� 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
]

an
Energy
Business Ombudsman in the
[
board
]

division

to provide 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.

���� b.��� The ombudsman office
shall be headed by
[
a
BPU
]

an
Energy
Business Ombudsman who shall be appointed by the
[
President of
the Board
]

Director of Energy Resource and Development
and shall serve at the
pleasure of the
[
President
of the Board
]

director
.� The
[
BPU
]

Energy

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
]

director
may select from, but shall not be restricted to, candidates
from within the
[
board
]

division

as presently constructed.

���� c.���� The Ombudsman, under
the supervision of the
[
board
]

division
,
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
]

department
,
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
]

Energy

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
]

Energy

Business Ombudsman,
[
the
board
]

in consultation with the division,
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)

���� 25.� 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
]

Energy

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
]

division

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.

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

���� 26.� Section 6 of P.L.2005,
c.215 (C.48:2-97) is amended to read as follows:�

���� 6.��� The Ombudsman shall make
an annual report to the
[
board
]

division

of the office's operations
[
,
]
and render
[
such
]

any

other reports as the
[
board
]

division

shall from time to time request or as may be required by law.

(cf: �P.L.2005, c.215, s.6)

���� 27.� Section 7 of P.L.2005,
c.215 (C.48:2-98) is amended to read as follows:�

���� 7.��� The
[
board
]

division

may, pursuant to the "Administrative Procedure Act," P.L.1968, c.410
(C.52:14B-1 et seq.), adopt
[
such
]
rules and
regulations
[
,
as shall be
]

necessary to implement the provisions of
[
this
act
]

P.L.2005,
c.215 (C.48:2-92 et seq.)
.

(cf: �P.L.2005, c.215, s.7)

���� 28.� Section 12 of P.L.1999,
c.23 (C.48:3-60) is amended to read as follows:�

���� 12. �a. �Simultaneously with
the starting date for the implementation of retail choice
,
as determined
by the board pursuant to subsection a. of section 5 of P.L.1999, c.23
(C.48:3-53), the board shall permit each electric public utility and gas public
utility to recover some or all of the following costs through a societal
benefits charge that shall be collected as a non-bypassable charge imposed on
all electric public utility customers and gas public utility customers, as
appropriate:�

���� (1)�� the costs for the social
programs for which rate recovery was approved by the board prior to April 30,
1997.� For the purpose of establishing initial unbundled rates pursuant to
section 4 of P.L.1999, c.23 (C.48:3-52), the societal benefits charge shall be
set to recover the same level of social program costs as is being collected in
the bundled rates of the electric public utility on the effective date of
P.L.1999, c.23 (C.48:3-49 et al.).� The board may subsequently order, pursuant
to its rules and regulations, an increase or decrease in the societal benefits
charge to reflect changes in the costs to the utility of administering existing
social programs.� Nothing in P.L.1999, c.23 (C.48:3-49 et al.) shall be
construed to abolish or change any social program required by statute or board
order or rule or regulation to be provided by an electric public utility.� Any
such social program shall continue to be provided by the utility until
otherwise provided by law, unless the board determines that it is no longer
appropriate for the electric public utility to provide the program, or the
board chooses to modify the program;

���� (2)�� nuclear plant
decommissioning costs;

���� (3)�� the costs of demand side
management programs that were approved by the board pursuant to its demand side
management regulations prior to April 30, 1997.� For the purpose of
establishing initial unbundled rates pursuant to section 4 of P.L.1999, c.23
(C.48:3-52), the societal benefits charge shall be set to recover the same
level of demand side management program costs as is being collected in the
bundled rates of the electric public utility on the effective date of P.L.1999,
c.23 (C.48:3-49 et al.).� Within four months of the effective date of P.L.1999,
c.23 (C.48:3-49 et al.), and every four years thereafter, the board shall
initiate a proceeding and cause to be undertaken a comprehensive resource
analysis of energy programs, and within eight months of initiating such
proceeding and after notice, provision of the opportunity for public comment,
and public hearing, the board, in consultation with the Department of
Environmental Protection, shall determine the appropriate level of funding for
energy efficiency, light, medium, and heavy-duty plug-in electric vehicles,
including school buses, and associated plug-in electric vehicle charging
infrastructure, energy storage, and Class I renewable energy programs that
provide environmental benefits above and beyond those provided by standard
offer or similar programs in effect as of the effective date of P.L.1999, c.23
(C.48:3-49 et al.)
[
;
provided that
]

.� However,
the funding for such programs
shall
be no less than
50 percent of the total Statewide amount being collected in electric and gas
public utility rates for demand side management programs on the effective date
of P.L.1999, c.23 (C.48:3-49 et al.) for an initial period of four years from
the issuance of the first comprehensive resource analysis following the
effective date of P.L.1999, c.23 (C.48:3-49 et al.), and
[
provided that
]
25 percent of
this amount shall be used to provide funding for Class I renewable energy
projects in the State.� In each of the following fifth through eighth years,
the Statewide funding for such programs shall be no less than 50 percent of the
total Statewide amount being collected in electric and gas public utility rates
for demand side management programs on the effective date of P.L.1999, c.23
(C.48:3-49 et al.), except that as additional funds are made available as a
result of the expiration of past standard offer or similar commitments, the
minimum amount of funding for such programs shall increase by an additional
amount equal to 50 percent of the additional funds made available, until the
minimum amount of funding dedicated to such programs reaches $140,000,000
total.� After the eighth year
,
the board shall make a determination as
to the appropriate level of funding for these programs.� Such programs shall
include a program to provide financial incentives for the installation of Class
I renewable energy projects in the State, and the board, in consultation with
the Department of Environmental Protection, shall determine the level and total
amount of such incentives as well as the renewable technologies eligible for
such incentives which shall include, at a minimum, photovoltaic, wind, and fuel
cells.� The board shall simultaneously determine, as a result of the
comprehensive resource analysis, the programs to be funded by the societal
benefits charge, the level of cost recovery and performance incentives for old
and new programs
,
and whether the recovery of demand side management
programs' costs currently approved by the board may be reduced or extended over
a longer period of time.� The board shall make these determinations taking into
consideration existing market barriers and environmental benefits, with the
objective of transforming markets, capturing lost opportunities, making energy
services more affordable for
[
low
income
]

low-income
customers and eliminating subsidies for programs that can be
delivered in the marketplace without electric public utility and gas public
utility customer funding.� In addition to the determinations above, the board
shall allocate sufficient funding from the societal benefits charge to cover
the remaining cost of fully funding incentive awards issued for
transmission-scale energy storage systems that are eligible projects pursuant
to P.L.2025, c.136 (C.48:3-121.2 et al.), after accounting for funding
allocated to this purpose from other sources
.� After the effective date of
P.L. , c.
(C. ) (pending before the
Legislature as this bill), the responsibilities of the board, as prescribed in
this paragraph, shall be transferred to the Division of Energy Resource and
Development established pursuant to section 2 of P.L. ,
c. (C. )
(pending before the Legislature as this bill)
;

���� (4)�� manufactured gas plant
remediation costs, which shall be determined initially in a manner consistent
with mechanisms in the remediation adjustment clauses for the electric public
utility and gas public utility adopted by the board; and

���� (5)�� the cost, of consumer
education, as determined by the board, which shall be in an amount that,
together with the consumer education surcharge imposed on electric power
supplier license fees pursuant to subsection h. of section 29 of P.L.1999, c.23
(C.48:3-78) and the consumer education surcharge imposed on gas supplier
license fees pursuant to subsection g. of section 30 of P.L.1999, c.23
(C.48:3-79), shall be sufficient to fund the consumer education program
established pursuant to section 36 of P.L.1999, c.23 (C.48:3-85).

���� b.��� There is established in
the Board of Public Utilities a nonlapsing fund to be known as the
"Universal Service Fund."� The board shall determine:� the level of
funding and the appropriate administration of the fund; the purposes and
programs to be funded with monies from the fund; which social programs shall be
provided by an electric public utility as part of the provision of its
regulated services which provide a public benefit; whether the funds
appropriated to fund the "Lifeline Credit Program
,
"
established pursuant to P.L.1979, c.197 (C.48:2-29.15 et seq.), the
"Tenants' Lifeline Assistance Program
,
" established pursuant
to P.L.1981, c.210 (C.48:2-29.30 et seq.), the funds received pursuant to the
Low Income Home Energy Assistance Program established pursuant to 42 U.S.C.
s.8621 et seq., and funds collected by electric and gas public utilities, as
authorized by the board, to offset uncollectible electricity and natural gas
bills should be deposited in the fund; and whether new charges should be
imposed to fund new or expanded social programs.

(cf: �P.L.2025, c.136, s.7)

���� 29.� Section 2 of P.L.2019,
c.362 (C.48:25-2) is amended to read as follows:�

���� 2.��� As used in sections 1
through 11 of P.L.2019, c.362 (C.48:25-1 et seq.) and section 2 of P.L.2023,
c.278 (C.48:25-12):

���� "Board" means the
Board of Public Utilities.

���� "Charger ready"
means the pre-wiring of electrical infrastructure at a parking space, or set of
parking spaces, to facilitate easy and cost-efficient future installation of
electric vehicle service equipment, including, but not limited to, Level Two
EVSE and DC Fast Chargers.�

���� "Charging location"
means a publicly accessible parking space or set of parking spaces, with
visible signage designating that the parking space or parking spaces are
available for use by the public for charging plug-in electric vehicles.

���� "Community location"
means a charging location that is not a corridor location, and that is
established in a town center, commercial area, retail center, or near
concentrations of multi-family dwellings, to provide vehicle charging services
to local plug-in electric vehicle drivers near where they live and work.�

���� "Corridor location"
means a charging location located along a travel corridor roadway, or within
one mile of that roadway, which is intended to provide access to vehicle
charging services for long distance drivers and en route vehicle charging services
for local drivers.�

���� "DC Fast Charger"
means EVSE that provides at least 50 kilowatts of direct current electrical
power for charging a plug-in electric vehicle through a connector based on fast
charging equipment standards, and which is approved for installation for that
purpose under the National Electric Code through an Underwriters Laboratories
Certification or an equivalent certifying organization.

���� "Department" means
the Department of Environmental Protection.

����
�Division� means the
Division of Energy Resource and Development established pursuant to section 2
of
P.L. , c. (C. )

(pending before the Legislature as this bill).

���� "Downtime" means any
period of time during which the hardware or software used to facilitate the
functional operation of EVSE, or both, are offline and not available for use,
and during which the EVSE is, consequently, unable to successfully dispense
electricity, as expected.

���� "Electric vehicle service
equipment" or "EVSE" means the equipment, including the cables,
cords, conductors, connectors, couplers, enclosures, attachment plugs, power
outlets, switches and controls, network interfaces, and point of sale equipment
and associated apparatus designed and used for the purpose of transferring
energy from the electric supply system to a plug-in electric vehicle.�
"EVSE" may deliver either alternating current or direct current
electricity consistent with fast charging equipment standards.�

���� "Fast charging equipment
standards" means standards for high power direct current charging, based
on the CHAdeMO standard and the Society of Automotive Engineers Combined
Charging Standard (CCS), or other non-proprietary standards as may be approved
by the board in the future.

���� "Eligible vehicle"
means a new light duty plug-in electric vehicle, with an MSRP of below $55,000,
purchased or leased after the effective date of P.L.2019, c.362 (C.48:25-1 et
al.) and registered in New Jersey.

���� "Exempted downtime"
means any period of EVSE downtime that results from factors outside the EVSE
operator's control, including, but not limited to, any period of EVSE downtime
resulting from an electricity utility service interruption, from an Internet or
cellular provider service interruption, or from a service outage or
interruption caused by a vehicle, provided that the EVSE operator can
demonstrate that the EVSE would otherwise be operational.

���� "In-home electric vehicle
service equipment" means electric vehicle service equipment used in a
person's home to charge a plug-in electric vehicle.�

���� "Incentivized EVSE"
means electric vehicle service equipment that is installed, on or after the
effective date of P.L.2023, c.278 (C.48:25-12 et al.), using any State or
federal funding, or pursuant to an EVSE installation incentive authorized under
P.L.2019, c.362 (C.48:25-1 et seq.) or any other State law.

���� "Level One EVSE"
means EVSE that provides single phase 120V AC electricity, presented as either
a standard wall plug into which the charging cord provided with a plug-in
electric vehicle can be connected, or an EVSE with a standard vehicle plug
connector that complies with SAE J1772, or an equivalent standard for 120V AC
charging as may be adopted in the future and accepted by the board, and which
is approved for installation for this purpose under the National Electric Code
through an Underwriters Laboratories Certification or an equivalent certifying
organization.

���� "Level Two EVSE"
means EVSE that provides a plug-in electric vehicle with single phase
alternating current electrical power at 208-240V AC, through a standardized
plug connector that complies with SAE J1772 standards, or an equivalent
wireless power transfer interface, or equivalent standards for 08-240V AC
charging as may be adopted in the future and accepted by the board, and which
is approved for installation for this purpose under the National Electric Code
through Underwriters Laboratories Certification or an equivalent certifying
organization.

���� "Light duty vehicle"
means any two-axle, four-wheel vehicle, designed primarily for passenger travel
or light duty commercial use, and approved for travel on public roads.�
"Light duty vehicle" includes, but is not limited to, any vehicle
commonly referred to as a car, minivan, sport utility vehicle, cross-over, or
pick-up truck.

���� "Low-income, urban, or
environmental justice community" means a community: �(1) in which at least
one half of the households are at or below twice the poverty threshold as
determined annually by the United States Census Bureau; (2) that is urban, as
determined by the Department of Community Affairs, due to the population and development
density in the community; or (3) that has been burdened with environmental
justice issues, as determined by the department, including, but not limited to,
exposure to high levels of air pollution, close proximity to major industrial
facilities or hazardous waste sites, or other environmental hazards.

���� "MSRP" means the
published manufacturer's suggested retail price, as set by a vehicle's
manufacturer, at the time of sale or lease.

���� "National Electric
Vehicle Infrastructure Formula Program" or "NEVI Formula
Program" means the federal program, established pursuant to the
"Infrastructure Investment and Jobs Act" (IIJA), Pub.L.117-58, and
pursuant to which the Federal Highway Administration is authorized to provide
funding to the states to facilitate the strategic, nationwide deployment of
electric vehicle infrastructure and the related establishment of an
interconnected, interstate network that is designed to facilitate data
collection, access, and reliability in association with the increased use of
electric vehicles and electric vehicle infrastructure across the nation.

���� "Plug-in electric
vehicle" means a vehicle that has a battery or equivalent energy storage
device that can be charged from an electricity supply external to the vehicle
with an electric plug.� "Plug-in electric vehicle" includes a plug-in
hybrid vehicle.�

���� "Plug-in hybrid
vehicle" means a vehicle that can be charged from a source of electricity
external to the vehicle through an electric plug, but is not exclusively
powered by electricity.�

���� "Routine charging"
means vehicle charging that takes place where a vehicle is parked for a long
period of time, such as at the owner's residence overnight, a hotel, or a
workplace during work hours, and which provides the primary and most common
form of vehicle charging.

���� "Seller or lessor of an
eligible vehicle" means an entity that is licensed to sell or lease an
eligible vehicle to a consumer or fleet owner in the State.�

���� "Site-wide basis"
means the average site-wide uptime status of all incentivized EVSE that has
been installed, at the same site of operations, on or after the effective date
of P.L.2023, c.278 (C.48:25-12 et al.).

���� "State agency" means
any of the principal departments in the Executive Branch of State Government,
any division, board, bureau, office, commission, or other instrumentality
thereof, and any independent State authority, commission, instrumentality, or
agency.

���� "Travel corridor"
means heavily used public roads in the State, as designated by the department,
which shall include, but need not be limited to, the Garden State Parkway, the
New Jersey Turnpike, the Atlantic City Expressway, federal interstate highways,
and the subset of federal or State roads which collectively support the
majority of long distance travel through and within the State as well as the
majority of daily travel by local drivers.

���� "Uptime" means the
period of time during which the hardware and software used to facilitate the
functional operation of EVSE are both online and are both in use or available
for use, and during which period of time the EVSE is capable of successfully
dispensing electricity, as expected.

(cf: �P.L.2023, c.278, s.1)

���� 30.� Section 3 of P.L.2019,
c.362 (C.48:25-3) is amended to read as follows:�

���� 3.��� a.� There are
established the following State goals for the use of plug-in electric vehicles
and the development of plug-in electric vehicle charging infrastructure in the
State to support that use:�

���� (1)�� at least 330,000 of the
total number of registered light duty vehicles in the State shall be plug-in
electric vehicles by December 31, 2025;

���� (2)�� at least 2 million of
the total number of registered light duty vehicles in the State shall be
plug-in electric vehicles by December 31, 2035;

���� (3)�� at least 85 percent of
all new light duty vehicles sold or leased in the State shall be plug-in
electric vehicles by December 31, 2040;

���� (4)�� (a) By December 31,
2025, at least 400 DC Fast Chargers shall be available for public use at no
fewer than 200 charging locations in the State, (b) at least 75 of the 200 or
more charging locations shall be at travel corridor locations, equipped with at
least two DC Fast Chargers per location, each capable of providing at least 150
kilowatts of charging power, and no more than 25 miles between the charging
locations, and (c) at least 100 of the 200 or more charging locations shall be
community locations, equipped with at least two DC Fast Chargers per location,
each capable of providing 50 kilowatts of charging power or more, and 150
kilowatts or more where feasible.� The department may, in its discretion,
increase the goals set forth in this paragraph pursuant to any strategic
mapping of plug-in electric vehicle charging infrastructure the department
conducts;

���� (5)�� By December 31, 2025, at
least 1,000 Level Two chargers shall be available for public use across the
State, and after initial installation, those EVSE may be upgraded to higher
power or DC Fast Chargers as appropriate by the owner or operator of the EVSE;
and

���� (6)�� (a) By December 31,
2025, at least 15 percent of all multi-family residential properties in the
State shall be equipped with EVSE for the routine charging of plug-in electric
vehicles by residents through a combination of Level One EVSE, Level Two EVSE, or
charger ready parking spaces, which collectively shall serve a percentage of
resident parking spaces equal to the percentage of light duty vehicles
registered in the State that are plug-in electric vehicles at the end of the
preceding calendar year, or the percentage of vehicles owned by residents that
are plug-in electric vehicles, whichever is higher, and (b) by December 31,
2030, 30 percent of all multi-family properties shall be equipped for electric
vehicle charging as described in subparagraph (a) of this paragraph;

���� (7)�� (a) By December 31,
2025, 20 percent of all franchised overnight lodging establishments shall be
equipped with EVSE for routine electric vehicle charging by guests of the
establishment by providing Level Two EVSE, which collectively shall serve a
percentage of the guest parking spaces equal to the percentage of light duty
vehicles registered in the State that are plug-in electric vehicles at the end
of the preceding calendar year, and (b) by December 31, 2030, 50 percent of all
franchised overnight lodging establishments shall be equipped with EVSE as
described in subparagraph (a) of this paragraph;

���� (8)�� (a) By December 31,
2025, at least 25 percent of State-owned non-emergency light duty vehicles
shall be plug-in electric vehicles, and (b) by December 31, 2035 and
thereafter, 100 percent of State-owned non-emergency light duty vehicles shall
be plug-in electric vehicles;

���� (9)�� (a) By December 31,
2024, at least 10 percent of the new bus purchases made by the New Jersey
Transit Corporation shall be zero emission buses, and (b) the percentage of
zero emission bus purchases shall increase to 50 percent by December 31, 2026,
and 100 percent by December 31, 2032 and thereafter.� Zero emission buses shall
not produce any emissions at the tailpipe, and shall be prioritized for
low-income, urban, or environmental justice communities; and

���� (10) �By December 31, 2020,
the department, in consultation with the board, shall establish other goals for
vehicle electrification and infrastructure development that address medium-duty
and heavy-duty on-road diesel vehicles and associated charging infrastructure,
similar to the State goals for light duty vehicles and consistent with the
technology and plug-in electric vehicle markets for those vehicle types.

���� b.��� The board and the
department may, pursuant to P.L.2019, c.362 (C.48:25-1 et al.) and any other
existing statutory authority, adopt policies and programs to accomplish the
goals established pursuant to this section.

���� c.���� No later than December
31, 2020, and every five years thereafter, until December 31, 2040, the
department, in consultation with the board, shall prepare and submit to the
Governor and, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), to the
Legislature, a report that:�

���� (1)�� assesses the current
state of the plug-in electric vehicle market in New Jersey;

���� (2)�� measures the State's
progress towards achieving the goals established in subsection a. of this
section;

���� (3)�� identifies barriers to
the achievement of the goals; and

���� (4)�� makes recommendations
for legislative or regulatory action to address barriers to the achievement of
the goals.

����
d.��� After the effective
date of P.L. , c.
(C. ) (pending before the
Legislature as this bill), the responsibilities and powers of the board
prescribed in this section shall be transferred to and continued in the
Division of Energy Resource and Development established pursuant to section 2
of P.L. , c.
(C. ) (pending before the
Legislature as this bill).

(cf: �P.L.2019, c.362, s.3)

���� 31.� Section 4 of P.L.2019,
c.362 (C.48:25-4) is amended to read as follows:�

4.��� a.� No later
than 180 days after the effective date of P.L.2019, c.362 (C.48:25-1 et al.),
the Board of Public Utilities shall establish and implement a light duty
plug-in electric vehicle incentive program for the purpose of encouraging the
purchase or lease of new light duty plug-in electric vehicles in the State.�
After
the effective date of P.L. , c.
(C. ) (pending before the
Legislature as this bill), the Division of Energy Resource and Development
shall administer the incentive program established by the board pursuant to
this subsection.

���� b.��� The
[
board
]

division

shall implement the light duty plug-in electric vehicle incentive program until
June 30th of the 10th year after establishment of the incentive program
, as
established by the board prior to the effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill) pursuant to subsection a. of this
section
.

���� c.���� (1) Any incentive
offered pursuant to this section shall take the form of a one-time payment to
the purchaser or lessee of an eligible vehicle.

���� (2)�� For the first year an
incentive is offered, the amount of the incentive shall be equal to $25 per
mile of EPA-rated electric-only range up to a maximum of $5,000 per eligible
vehicle.� For each subsequent year an incentive is offered, the
[
board
]

division

may, after consideration of stakeholder input, change the amount of the
incentive and the manner in which an incentive is calculated, provided that no
incentive shall exceed $5,000 per eligible vehicle.� The
[
board
]

division

shall publish the amount of any incentives on its Internet website.

���� (3)�� The
[
board
]

division

may limit the number of plug-in electric vehicle incentives that it issues to a
single person.

���� (4)�� The
[
board
]

division

may establish other requirements and parameters for the incentive program as it
deems necessary and reasonable to further the goals of P.L.2019, c.362
(C.48:25-1 et al.).

���� d.��� The
[
board
]

division

shall monitor the disbursement of incentives under the incentive program, and
annually reassess the design and implementation of the incentive program.�
Provided the
[
board's
]

division�s

action is consistent with the provisions of subsection c. of this section, the
[
board
]

division

may:�

���� (1)�� revise the incentive
program, any aspect of the incentives, or the related implementation procedures
or processes; and

���� (2)�� develop additional
incentives consistent with the goals of P.L.2019, c.362 (C.48:25-1 et al.) in
order to ensure efficient and equitable electrification of transportation in
the State.

���� e.���� Notwithstanding any
other provision of law to the contrary, a light duty plug-in hybrid vehicle
shall not qualify for an incentive under the light duty plug-in electric
vehicle incentive program after December 31, 2022.

(cf:� P.L.2019, C.362, s.4)

���� 32.� Section 5 of P.L.2019,
c.362 (C.48:25-5) is amended to read as follows:�

���� 5.��� a.� The seller or lessor
of an eligible vehicle shall offer the light duty plug-in electric vehicle
incentive established pursuant to section 4 of P.L.2019, c.362 (C.48:25-4) in
conjunction with, and in addition to, any other incentive offered by the seller
or lessor of an eligible vehicle.

���� b.��� A seller or lessor of an
eligible vehicle shall provide a purchaser or lessee the option to have the
amount of the light duty plug-in electric vehicle incentive deducted from the
final negotiated and agreed upon sale or lease price of the eligible vehicle,
in which case the full amount of the incentive shall be passed through to the
purchaser or lessee in full and payment thereof shall be effective immediately
at the time of the final sale or lease and transfer of the eligible vehicle to
the purchaser or lessee.� The
[
board
]

division

shall establish a process for reimbursing a seller or lessor of an eligible
vehicle the cost of an incentive provided by the seller or lessor pursuant to
this subsection.

���� c.���� The
[
board
]

division

shall require each seller or lessor of an eligible vehicle to provide to the
[
board
]

division
,
upon the final sale or lease and transfer of an eligible vehicle to a purchaser
or lessee, the eligible vehicle's make, model, and battery size, and any other
information as the
[
board
]

division

determines relevant.

(cf: �P.L.2019, c.362, s.5)

���� 33.� Section 6 of P.L.2019,
c.362 (C.48:25-6) is amended to read as follows:�

���� 6.��� a.�
[
The
]

(1) Prior
to the effective date of P.L. , c. (C. )
(pending before the Legislature as this bill), the
Board of Public
Utilities may establish and implement a program to provide incentives for the
purchase and installation of in-home electric vehicle service equipment.

����
(2)�� After the effective
date of P.L. , c.
(C. ) (pending before the
Legislature as this bill), the Division of Energy Resource and Development
shall administer any incentive program established by the board pursuant to
paragraph (1) of this subsection.

���� b.��� Any incentive program
established pursuant to this section may be implemented only until June 30th of
the 10th year after establishment of the program.�

���� c.���� (1) Any incentive
offered pursuant to this section shall take the form of a one-time payment to
the person purchasing the in-home electric vehicle service equipment.�

���� (2)�� The amount of the
incentive offered pursuant to this section shall be determined by the
[
board
]

division
,
but shall not exceed $500 per person.� Any incentive a person receives pursuant
to this section shall be in addition to any incentive the person receives for
the purchase or lease of a new light duty plug-in electric vehicle pursuant to
sections 4 and 5 of P.L.2019, c.362 (C.48:25-4 and C.48:25-5).

���� (3)�� The
[
board
]

division

may establish other requirements and parameters for the program as it deems
necessary and reasonable to further the goals of P.L.2019, c.362 (C.48:25-1 et
al.).

���� d.��� The
[
board
]

division

shall monitor the disbursement of incentives under the incentive program, and
annually reassess the design and implementation of the incentive program.�
Provided the
[
board's
]

division�s

action is consistent with the provisions of subsection c. of this section, the
[
board
]

division

may:�

���� (1)�� revise the incentive
program, any aspect of the incentives, or the related implementation procedures
or processes; and

���� (2)�� in consultation with the
department, develop additional incentives for electric vehicle service
equipment consistent with the goals of
[
P.L
]
P.L.2019,
c.362 (C.48:25-1 et al.) in order to ensure efficient and equitable
electrification of transportation in the State.

���� e.���� The
[
board
]

division

shall determine the form and manner of the application for, and the
disbursement of, incentives pursuant to this section.

(cf:� P.L.2019, c.362, s.6)

���� 34.� Section 7 of P.L.2019,
c.362 (C.48:25-7) is amended to read as follows:�

���� 7.��� a.� There is established
in the
[
Board
of Public Utilities
]

Division of Energy Resource and Development
a special, nonlapsing fund
to be known as the Plug-in Electric Vehicle Incentive Fund.� The fund shall be
administered by the
[
board
]

division

and shall be credited with:�

���� (1)��
[
moneys
]

monies

deposited into the fund by the
[
board
]

division

pursuant to subsection b. of this section;

���� (2)��
[
moneys
]

monies

that are appropriated by the Legislature; and

���� (3)�� any return on investment
of
[
moneys
]

monies

deposited in the fund.

���� b.��� (1) The
[
board
]

division

shall deposit into the fund, each year, $30 million of
[
moneys
]

monies

received
by the board or the division
from the societal benefits charge
established pursuant to section 12 of P.L.1999, c.23 (C.48:3-60),
[
moneys
]

monies

made available to the
[
board
]

division

pursuant to the implementation of the Regional Greenhouse Gas Initiative and
P.L.2007, c.340 (C.26:2C-45 et seq.), and
[
moneys
]

monies

available from other funding sources, as determined by the
[
board
]

division
,
to make disbursements under the light duty plug-in electric vehicle incentive
program established pursuant to section 4 of P.L.2019, c.362 (C.48:25-4).

���� (2)�� The
[
board
]

division

may deposit into the fund, each year, such additional amounts
received by
the board or the division
from the societal benefits charge, as the
[
board
]

division

deems necessary, to make disbursement under an incentive program for in-home
electric vehicle service equipment established pursuant to section 6 of
P.L.2019, c.362 (C.48:25-6).

���� c.����
[
Moneys
]

Monies

in the fund shall be used by the
[
board
]

division

solely for the purpose of disbursing the incentives established pursuant to
sections 4 and 6 of P.L.2019, c.362 (C.48:25-4 and C.48:25-6).� The
[
board
]

division

shall recover any administrative costs incurred in connection with P.L.2019,
c.362 (C.48:25-1 et al.) separately from
[
moneys
]

monies

received
by the board or the division
from the societal benefits charge.

���� d.��� The
[
board
]

division

shall provide no less than $30 million in disbursements under the light duty
plug-in electric vehicle incentive program established pursuant to section 4 of
P.L.2019, c.362 (C.48:25-4) each year for 10 years.

(cf:� P.L.2019, c.362, s.7)

���� 35.� Section 8 of P.L.2019,
c.362 (C.48:25-8) is amended to read as follows:�

���� 8.���
[
The
]

Prior to
the effective date of P.L. , c.
(C. ) (pending before the
Legislature as this bill), the
Board of Public Utilities shall develop a
website, accessible by the public, that provides up-to-date information about
the availability of the incentives established pursuant to sections 4 and 6 of
P.L.2019, c.362 (C.48:25-4 and C.48:25-6).�
After the effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill), the Division of Energy Resource
and Development shall operate and maintain the website developed by the board
prior to the effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill) pursuant to this section.

(cf:� P.L.2019, c.362, s.8)

���� 36.� Section 11 of P.L.2019,
c.362 (C.48:25-11) is amended to read as follows:�

���� 11.� The
[
board
]

division

may, in consultation with the department, adopt, pursuant to the
"Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.),
rules and regulations necessary for the implementation of P.L.2019, c.362
(C.48:25-1 et al.).

(cf:� P.L.2019, c.362, s.11)

���� 37.� Section 2 of P.L.2023,
c.278 (C.48:25-12) is amended to read as follows:�

���� 2.��� a.� The
[
Board of
Public Utilities
]

Division of Energy Resource and Development established pursuant to section
2 of P.L. , c.
(C. ) (pending before the
Legislature as this bill)
, the Department of Environmental Protection, the
Department of Transportation, and any other State agency that offers an
incentive for the installation of electric vehicle service equipment, pursuant
to P.L.2019, c.362 (C.48:25-1 et seq.) or any other State law, shall:�

���� (1)�� require, as a condition
of providing any such incentive, that the electric vehicle service equipment
subject to such incentive, together with all other incentivized EVSE installed
at the same site, remains operational at least 97 percent of the time, not
including any period of exempted downtime, and except as otherwise provided by
paragraph (2) of this subsection, as calculated on an annual and site-wide
basis; and

���� (2)�� regularly review the
site-wide uptime requirement established pursuant to paragraph (1) of this
subsection, on at least a biennial basis, in order to ensure that it is
consistent with the minimum uptime requirement applicable to federal funding
recipients under the NEVI Formula Program.� Whenever a State agency determines
that the minimum uptime requirement established for recipients of State agency
incentive funding, pursuant to paragraph (1) of this subsection, is
inconsistent with the minimum uptime requirement being applied to recipients of
federal funding under the NEVI Formula Program, the State agency shall take
appropriate action to revise the site-wide State-level uptime requirement,
established pursuant to this subsection, as necessary to ensure that it
comports with the comparable federal NEVI Formula Program requirement.�

���� b.��� Each State agency
subject to this section shall develop and implement a system to monitor
compliance with, and enforce, the site-wide uptime requirement established, for
incentivized EVSE, pursuant to subsection a. of this section.

���� c.���� When reviewing or
modifying the site-wide uptime requirement established pursuant to subsection
a. of this section, and when developing and implementing the compliance
monitoring and enforcement system required by subsection b. of this section,
each State agency shall engage in a comprehensive and public stakeholder
engagement process and shall review and consider the most recent standards,
guidelines, and requirements related to EVSE uptime, downtime, and exempted
downtime, which are applicable to federal funding recipients under the NEVI
Formula Program.

���� d.��� The site-wide uptime
requirement established pursuant to subsection a. of this section shall apply
to any EVSE that is the subject of an EVSE incentive provided by a State
agency, pursuant to P.L.2019, c.362 (C.48:25-1 et seq.) or any other State law,
and which is installed at the site of operations either on or after the
effective date of P.L.2023, c.278 (C.48:25-12 et al.).� Nothing in this section
shall be deemed to require the site-wide uptime calculation performed pursuant
to subsection a. of this section to include the uptime status of any EVSE
installed prior to the effective date of P.L.2023, c.278 (C.48:25-12 et al.).

���� e.���� State agencies shall
ensure Statewide consistency for any standards, guidelines, and requirements
established pursuant to P.L.2023, c.278 (C.48:25-12 et al.).

(cf:� P.L.2023, c.278, s.2)

���� 38.� Section 4 of P.L.2009,
c.33 (C.52:27D-141.4) is amended to read as follows:�

���� 4.��� a.� Where technically
feasible, as determined by the commissioner in consultation with the
[
Board of
Public Utilities
]

Division of Energy Resource and Development
, a developer shall offer to
install, or to provide for the installation of, a solar energy system into a
dwelling unit when a prospective owner enters into negotiations with the
developer to purchase a dwelling unit.

���� b.��� A developer shall
disclose in any advertising, in a manner and form determined by the
commissioner pursuant to the "Administrative Procedure Act,"
P.L.1968, c.410 (C.52:14B-1 et seq.):�

���� (1)�� that a prospective owner
may have a solar energy system installed in any dwelling unit;

���� (2)�� the total cost of
installing a solar energy system into a dwelling unit that will be charged to
the owner by the developer;

���� (3)�� general information on
the environmental benefits of, and potential energy cost savings associated
with, solar energy systems; and

���� (4)�� information concerning
any applicable credits, rebates, or other incentives that may be available for
the installation of solar energy systems, as provided to the developer by the
commissioner and the
[
Board
of Public Utilities
]

Division of Energy Resource and Development
pursuant to subsection b. of
section 7 of
[
this
act
]

P.L.2009,
c.33 (C.52:27D-141.1 et seq.)
.

(cf:� P.L.2009, c.33, s.4)

���� 39.� Section 7 of P.L.2009,
c.33 (C.52:27D-141.7) is amended to read as follows:�

���� 7.��� a.� The commissioner, in
consultation with the
[
Board
of Public Utilities
]

Division of Energy Resource and Development
, shall adopt, pursuant to
the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et
seq.), standards with respect to the technical sufficiency of solar energy
systems to be installed pursuant to
[
this
act
]

P.L.2009,
c.33 (C.52:27D-141.1 et seq.)
.� These standards, at a minimum, shall
provide:�

���� (1)�� that the solar energy
system is to be installed in conformance with the manufacturer's specifications
and in compliance with all applicable electrical and building code standards;

���� (2)�� that the solar energy
system is intended primarily to offset part or all of the consumer's own
electricity demand;

���� (3)�� that all components in
the solar energy system are to be new and unused, and shall not have previously
been placed in service in any other location or for any other application;

���� (4)�� that the solar energy
system shall have a warranty of not less than 10 years provided by the solar
energy system manufacturer, and shall be subject to coverage afforded under
"The New Home Warranty and Builders' Registration Act," P.L.1977, c.467
(C.46:3B-1 et seq.) to protect the integrity of the roof of the home and to
protect against defects and undue degradation of electrical generation output;

���� (5)�� that the solar energy
system shall have meters or other devices in place to monitor and measure the
system's performance and the quantity of electricity generated by the system;

���� (6)�� that the solar energy
system shall comply with adopted energy codes for the dwelling unit where the
solar energy system is installed;

���� (7)�� for rating criteria for
equipment, components, and systems to assure reasonable performance and
criteria for complying with these minimum ratings;

���� (8)�� that the solar energy
system shall be consistent with the net metering standards and safety and power
quality interconnection standards adopted by the Board of Public Utilities
pursuant to subsection e. of section 38 of P.L.1999, c.23 (C.48:3-87); and

���� (9)�� for the criteria by
which the technical feasibility of the installation of a solar energy system is
determined in section 4 of
[
this
act
]

P.L.2009,
c.33 (C.52:27D-141.4)
.

���� b.��� The commissioner, in
consultation with the
[
Board
of Public Utilities
]

Division of Energy Resource and Development
, shall:�

���� (1)�� publish educational
materials designed to demonstrate how developers may incorporate solar energy
systems during construction as well as energy efficiency measures that best
complement solar energy systems; and

���� (2)�� provide developers with
information concerning any applicable credits, rebates, or other incentives
that may be available for the installation of solar energy systems.

(cf:� P.L.2009, c.33, s.7)

���� 40.� Section 9 of P.L.2009,
c.33 (C.52:27D-141.9) is amended to read as follows:�

���� 9.��� The
[
Board of
Public Utilities
]

Division of Energy Resource and Development
shall adopt orders, rules,
or regulations that provide for solar energy systems installed in accordance
with the provisions of P.L.2009, c.33 (C.52:27D-141.1 et seq.) to be eligible
for all applicable credits, rebates, or other incentives that may be available
for the installation of solar energy systems.

(cf:� P.L.2009, c.33, s.9)

���� 41.� Section 2 of P.L.2020,
c.80 (C.52:27D-141.11) is amended to read as follows:

���� 2.��� a.� A developer shall
offer to install, or to provide for the installation of, an electric vehicle
charging station into a dwelling unit when a prospective owner enters into
negotiations with the developer to purchase a dwelling unit.

���� b.��� Prior to entering into a
contract of sale for a dwelling unit, a developer shall:�

���� (1)�� disclose that a
prospective owner may have an electric vehicle charging station installed at
any dwelling unit, and upon request by the prospective owner, disclose the
total cost of installing an electric vehicle charging station at a dwelling
unit that will be charged to the owner by the developer; and

���� (2)�� unless the installation
of an electric vehicle charging station is included in the sale of the dwelling
unit at no cost to the prospective owner, inform the prospective owner of the
availability on the Internet website of the Department of Community Affairs of
general information on the environmental benefits of, and potential energy cost
savings associated with, electric vehicle usage and any applicable credits,
rebates, or other incentives that may be available to the prospective owner for
the installation of an electric vehicle charging station.

���� c.���� Every contract of sale
for a dwelling unit shall include a notification by the developer to the
prospective owner of the offer to install, or to provide for the installation
of, an electric vehicle charging station at the dwelling unit pursuant to this
section.

���� d.��� The commissioner, in
consultation with the Department of Environmental Protection and the
[
Board of
Public Utilities
]

Division of Energy Resource and Development
, shall compile, and make
available on the Internet website of the Department of Community Affairs,
information for prospective owners and developers concerning the environmental
benefits of, and potential energy cost savings associated with, electric vehicle
usage and any applicable credits, rebates, or other incentives that may be
available to the prospective owner for the installation of an electric vehicle
charging station.� The information required pursuant to this subsection shall
inform prospective owners and developers of the availability of various types
of electric vehicle charging stations.

(cf:� P.L.2020, c.80, s.2)

���� 42.� Section 9 of P.L.1977,
c.146 (C.52:27F-11) is amended to read as follows:�

���� 9.��� The
[
Board of
Public Utilities
]

Division of Energy Resource and Development
shall
[
through the
Division of Energy Planning and Conservation
]
:�

���� a.����
[
Be
]

be
the
central repository within the State Government for the collection of energy
information;

���� b.���
[
Collect
]

collect

and analyze data relating to present and future demands and resources for all
forms of energy;

���� c.����
[
Have
]

have

authority to require all persons, firms, corporations or other entities engaged
in the production, processing, distribution, transmission
,
or storage of
energy in any form
,
or in the use of steam in quantities greater than
50,000 pounds per hour
,
to submit reports setting forth such information
as shall be required to carry out the provisions of this act;

���� d.���
[
Have
]

have

authority to require any person to submit information necessary for determining
the impact of any construction or development project on the energy and fuel
resources of this State;

���� e.����
[
Charge
]

charge

other State Government departments and agencies involved in energy-related
activities with specific information gathering goals and require that said
goals be fulfilled;

���� f.����
[
Establish
]

establish

an energy information system which will provide all data necessary to insure a
fair and equitable distribution of available energy, to permit a more efficient
and effective use of available energy, and to provide the basis for long-term
planning related to energy needs;

���� g.���
[
Design
]

design
,
implement, and enforce a program for the conservation of energy in commercial,
industrial, and residential facilities, which program shall provide for the
evaluation of energy systems as they relate to lighting, heating,
refrigeration, air-conditioning, building design and operation, elective
cogeneration and process steam production associated with cogeneration
facilities, and appliance manufacturing and operation; and may include, but
shall not be limited to, the requiring of an annual inspection and adjustment,
if necessary, of oil-fired heating systems in residential, commercial and
industrial buildings so as to bring such systems into conformity with
efficiency standards therefor prescribed by law; the setting of lighting
efficiency standards for public buildings; the establishment of mandatory
thermostat settings and the use of seven-day, day-night thermostats in public
buildings; the development of standards for efficient boiler operation;
consider the establishment of cogeneration facilities to simultaneously produce
electricity and steam to conserve fuel; and, the preparation of a plan to
insure the phased retrofitting of existing gas furnaces with electric ignition
systems and to require that new gas ranges and dryers be equipped with electric
ignition systems, and new gas furnaces with electric ignition systems and
automatic vent-dampers.� The program for the conservation of energy in new home
construction shall include a provision for down payment assistance to
purchasers of new homes meeting the enhanced energy subcode requirements
adopted pursuant to section 5 of P.L.1975, c.217 (C.52:27D-123).� The down
payment assistance portion of the program shall be designed in consultation
with the Department of Community Affairs and the New Jersey Housing and
Mortgage Finance Agency.� The assistance shall be limited to those purchasers
whose household income does not exceed 110 percent of county median income, as
adjusted for household size.� The total down payment to be made by the purchaser,
including the amount of the down payment assistance, shall not exceed 20
percent of the purchase price of the new home.� The down payment assistance
shall not exceed the lesser of (1) the additional cost of construction required
in order to make a building, which otherwise would conform to the edition of
the International Energy Conservation Code in effect at the time of the
offering of down payment assistance, also conform to the enhanced energy
conservation construction requirements established by the Commissioner of
Community Affairs pursuant to section 5 of P.L.1975, c.217 (C.52:27D-123) or
(2) the additional down payment required in order to qualify the purchaser or
purchasers for mortgage financing without the requirement of private mortgage
insurance;

���� h.���
[
Conduct
]

conduct

and supervise a
[
State-wide
]

Statewide

program of education including the preparation and distribution of information
relating to energy conservation;

���� i.����
[
Monitor
]

monitor

prices charged for energy within the State, evaluate policies governing the
establishment of rates and prices for energy, and make recommendations for
necessary changes in such policies to other concerned Federal and State
agencies,
including, but not limited to, the Board of Public Utilities,

and to the Legislature;

���� j�����
[
Have
]

have

authority to conduct and supervise research projects and programs for the
purpose of increasing the efficiency of energy use, developing new sources of
energy, evaluating energy conservation measures, and meeting other goals
consistent with the intent of this act;

���� k����
[
Have
]

have

authority to distribute and expend funds made available for the purpose of
research projects and programs;

���� l.����
[
Have
]

have

authority to enter into interstate compacts in order to carry out energy
research and planning with other states or the Federal
[
Government
]

government

where appropriate;

���� m.��
[
Have
]

have

authority to apply for, accept, and expand grants-in-aid and assistance from
private and public sources for energy programs; notwithstanding any other law
to the contrary, the
[
President
of the Board of Public Utilities
]

Director of Energy Resource and Development
is designated as the State
official to apply for, receive, and expend Federal and other funding made
available to the State for the purposes of this act;

���� n.���
[
Require
]

require

the annual submission of energy utilization reports and conservation plans by
State
[
Government
]

government

departments and agencies, evaluate said plans and the progress of the
departments and agencies in meeting these plans, and order changes in the plans
or improvement in meeting the goals of the plans;

���� o.���
[
Carry
]

carry

out all duties given to the
[
Board
of Public Utilities
]

Division of Energy Resource and Development
under other sections of this
act or any other acts;

���� p.���
[
Have
]

have

authority to conduct hearings and investigations in order to carry out the
purposes of this act and to issue subpoenas in furtherance of such power.� Such
power to conduct investigations shall include, but not be limited to, the
authority to enter without delay and at reasonable times the premises of any
energy industry in order to obtain or verify any information necessary for
carrying out the purposes of this act;

���� q.���
[
Have
]

have

authority to adopt, amend
,
or repeal, pursuant to the
"Administrative Procedure Act" (C.52:14B-1 et seq.)
,
such
rules and regulations necessary and proper to carry out the purposes of this
act;

���� r.����
[
Administer
]

administer

such Federal energy regulations as are applicable to the states, including, but
not limited to, the mandatory petroleum allocation regulations and State energy
conservation plans;

���� s.����
[
Have
]

have

authority to sue and be sued;

���� t.����
[
Have
]

have

authority to acquire by purchase, grant, contract
,
or eminent domain
title to real property for the purpose of demonstrating facilities which
improve the efficiency of energy use, conserve energy or generate energy in new
and efficient ways;

���� u.���
[
Have
]

have

authority to construct and operate, on an experimental or demonstration basis,
facilities which improve the efficiency of energy use, conserve energy or
generate power in new and efficient ways;

���� v.���
[
Have
]

have

authority to contract with any other public agency or corporation incorporated
under the laws of this or any other state for the performance of any function
under this act;

���� w
.
��
[
Determine
]

determine

the effect of energy and fuel shortages upon consumers, and formulate proposals
designed to encourage the lowest possible cost of energy and fuels consumed in
the State consistent with the conservation and efficient use of energy;

���� x.���
[
Keep
]

keep

complete and accurate minutes of all hearings held before the
[
Board of
Public Utilities or any member of the Division of Energy Planning and
Conservation
]

Division of Energy Resource and Development
pursuant to the provisions
of this act.� All such minutes shall be retained in a permanent record and
shall be available for public inspection at all times during the office hours
of the
[
board
]

division
;
and

���� y.���
[
Provide
]

provide

consultation to an institution of higher education as pursuant to subsection b.
of section 5 of P.L.1975, c.217 (C.52:27D-123), in order to assist the
institution with the preparation of a report to the Department of Community
Affairs on the projected cost of energy, to be used by that department when
analyzing the cost and payback of energy conservation measures and requirements
being considered for inclusion in the energy subcode of the State Uniform
Construction Code.

(cf:� P.L.2009, c.106, s.3)

���� 43.� Section 12 of P.L.1977,
c.146 (C.52:27F-14) is amended to read as follows:�

���� 12.� a.� There is established
an Energy Master Plan Committee (hereinafter "Committee") which shall
be composed of
the Director of the Division of Energy Resource and
Development and
the heads of the following principal departments or their
designees:� Commerce, Energy and Economic Development; Community Affairs;
Environmental Protection; Health; Human Services; Transportation; and
Treasury.� The Commissioner of Commerce, Energy and Economic Development or
[
his
]

the
commissioner�s
designee shall be the chairperson of the committee.� The
committee shall be responsible for the preparation, adoption
,
and
revision of master plans regarding the production, distribution, and
conservation of energy in this State.

���� b.��� The committee within one
year of the effective date of this act shall prepare or cause to be prepared,
and, after public hearings as hereinafter provided, adopt a master plan for a
period of 10 years on the production, distribution, consumption
,
and
conservation of energy in this State.�
[
Such
]

The

plan shall be revised and updated at least once every three years.� The plan
shall include long-term objectives but shall provide for the interim
implementation of measures consistent with said objectives.� The committee may
from time to time and after public hearings amend the master plan.� In
preparing the master plan or any portion thereof or amendment thereto the
department shall give due consideration to the energy needs and supplies in the
several geographic areas of the State, and shall consult and cooperate with any
federal or State agency having an interest in the production, distribution,
consumption
,
or conservation of energy.

���� c.���� Upon preparation of
[
such
]

the

master plan, and each revision thereof, the committee shall cause copies
thereof to be printed, shall transmit sufficient copies thereof to the Governor
and the Legislature, for the use of the members thereof, and shall advertise,
in such newspapers as the commissioner determines appropriate to reach the
greatest possible number of citizens of New Jersey, the existence and
availability of such draft plan from the offices of the committee for the use
of such citizens as may request same.� In addition, the department shall:�

���� (1)��
[
Fix
]

fix

dates for the commencement of a series of public hearings, at least one of
which shall be held in each geographical area delineated in the master plan.�
Each such public hearing shall concern the overall content of the plan and
those aspects thereof that have relevance to the specific geographical area in
which each such public hearing is being held;

���� (2)��
[
At
]

at

least 60 days prior to each public hearing held pursuant to this section,
notify each energy industry and each State department, commission, authority,
council, agency, or board charged with the regulation, supervision or control
of any business, industry or utility engaged in the production, processing,
distribution, transmission, or storage of energy in any form of the time and
place for the hearing and shall publish such notice in a newspaper of general
circulation in the region where the hearing is to be held, and in such
newspapers of general circulation in the State as the commissioner determines
appropriate to reach the greatest possible number of citizens of New Jersey.

���� d.��� Upon the completion of
the requirements of subsection c. of this section, the committee shall consider
the testimony presented at all such public hearings and adopt the energy master
plan, together with any additions, deletions, or revisions it shall deem
appropriate.

���� e.���� Upon the adoption of
the energy master plan, and upon each revision thereof, the committee shall
cause copies thereof to be printed and shall transmit sufficient copies thereof
to the Governor and the Legislature, for the use of the members thereof, and to
each State department, commission, authority, council, agency, or board charged
with the regulation, supervision or control of any business, industry or
utility engaged in the production, processing, distribution, transmission, or
storage of energy in any form.� In addition, the committee shall advertise in
the manner provided in subsection c. of this section the existence and
availability of the energy master plan from the offices of the committee for
the use of such citizens of New Jersey as may request same; provided, however,
that the committee may charge a fee for such copies of the energy master plan
sufficient to cover the costs of printing and distributing same.

(cf:� P.L.1987, c.365, s.14)

���� 44.� Section 1 of P.L.2022, c.86
(C.26:2C-8.58) is amended to read as follows:�

���� 1.��� a. �No later than six
months after the effective date of P.L.2022, c.86 (C.26:2C-8.58 et al.), the
Department of Environmental Protection shall implement a three-year
"Electric School Bus Program" to determine the operational
reliability and cost effectiveness of replacing diesel-powered school buses
with electric school buses for the daily transportation of students.

���� b.��� On or after the date of
implementation of the program developed pursuant to subsection a. of this
section, and once each year for the next two years thereafter, the Department
of Environmental Protection shall, subject to available funding, select for participation
in the program no less than six school districts and school bus contractors
that operate school buses, as described in section 1 of P.L.1996, c.96
(C.39:3B-1.1), so that during the third year of the program, no less than a
total of 18 school districts or school bus contractors shall have been selected
for participation in the program amongst the northern, central, and southern
regions of the State.� The department shall choose school districts and school
bus contractors to participate in the program based on a competitive grant
solicitation.

���� In each year, the department
shall use its best efforts to select a mix of school districts that operate
their own bus fleets and school districts that contract for school bus
services; provided that, in each year, the department shall award no more than
half of the grants to school bus contractors.� Any school bus contractor
applying to participate in the program shall apply in conjunction with a
specific school district.� In each year, at least half of the school districts
or school bus contractors selected by the department, and at least half of the
grant funding awarded by the department in each year shall be located in a
"low-income, urban, or environmental justice community" as defined in
section 2 of P.L.2019, c.362 (C.48:25-2) and from those selected, the
department shall use its best efforts, in each year, to select, an equal number
of grantees from the northern, central, and southern regions of the State
respectively, subject to deviation based on the applicant pool.� Grants shall
be awarded in a manner that both prioritizes equity and tests a variety of
technological and funding approaches, including but not limited to outright
purchase, leased buses, leveraging of other funding sources, and
vehicle-to-grid or vehicle-to-building technologies.

���� For purposes of this
subsection: "northern," when referring to regions of the State, means
the counties of Bergen, Essex, Hudson, Morris, Passaic, Union, Sussex, and
Warren; "central," when referring to regions of the State, means the
counties of Hunterdon, Mercer, Middlesex, Monmouth, and Somerset; and
"southern," when referring to regions of the State, means the
counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester,
Ocean, and Salem.

���� c.���� (1) Under the program,
the department shall award grants to school districts or school bus contractors
selected to participate in the program to purchase or lease electric school
buses and to purchase or lease and install electric school bus charging infrastructure
in coordination with any State department, board, bureau, commission, agency,
public utility as defined pursuant to R.S.48:2-13 that provides electric
service to end users in the State, municipal public utility as defined in
N.J.S.40A:1-1 that provides electric service to end users in the State,
authority as defined in section 3 of P.L.1983, c.313 (C.40A:5A-3) that provides
electric service to end users in the State, or rural electric cooperative
organized under the general corporation laws of this State as necessary.�
Pursuant to any outright purchase or lease arrangement entered into by a school
district or school bus contractor participating in the program, an electric
school bus and charging infrastructure vendor purchase or lease arrangement shall
include, at a minimum, the following:

���� (a)�� an electric school bus
having a minimum range of 90 miles per full charge, or 30 percent more range
per full charge than the daily maximum miles used by the school district or
school bus contractor, whichever is greater, and having telematics system capabilities.�
The department shall collect data from on-board telematics monitoring systems
in order to evaluate parameters such as idle time, driving time, energy
consumption, and frequency of charging;

���� (b)�� an electric school bus
and charging infrastructure, as appropriate;

���� (c)�� appropriate training for
bus maintenance personnel and bus drivers, and other relevant personnel, which
shall be provided at no cost to a bus driver, bus maintenance personnel, or
other relevant personnel; and

���� (d)�� electric school bus and
charging infrastructure shop manuals and wiring schematics for troubleshooting
and a complete list of component parts.

���� (2)�� Monies for the
"Electric School Bus Program" shall be used by the Department of
Environmental Protection to provide grants, pursuant to this subsection, over
the three-year period.� In the first

year, grants shall be provided in accordance with P.L.2022, c.86 (C.26:2C-8.58
et al.) in the amount of $15,000,000 for electrification.� Subject to the
availability of funds, grants shall continue to be provided in accordance with
P.L.2022, c.86 (C.26:2C-8.58 et al.) in the amount of $15,000,000 per year for
a total of $45,000,000 over the three-year period.� The department may use
available monies to provide grants, pursuant to this subsection, singly or in
combination, from the following sources: societal benefits charge revenues
received pursuant to section 12 of P.L.1999, c.23 (C.48:3-60); the "Global
Warming Solutions Fund" established pursuant to section 6 of P.L.2007,
c.340 (C.26:2C-50); any available monies from utility programs to upgrade
electrical infrastructure for purposes of electric vehicle charging; any
appropriations made by the Legislature for the program established pursuant to
P.L.2022, c.86 (C.26:2C-8.58 et al.); or any other sources of available
funding.� Up to five percent of the monies made available to the program may be
used to administer the program.

���� The department shall determine
the amount of each grant provided pursuant to this subsection and shall award
grants in a manner that provides for the most efficient and highest efficacy
use of the grant.

���� d.��� At least once every six
months, the school districts or school bus contractors selected to participate
in the program shall submit a report to the department detailing the cost to
operate the electric school buses, the electric school bus maintenance records
and transponder data, and any reliability issues related to the operation or
delivery and procurement of the electric school buses.� The first report shall
be submitted six months after the school district or school bus contractor
first completes its initial procurement of electric school buses.

���� e.���� (1) The department
shall, no less than twice per calendar year, convene a working group which
includes a representative of the Board of Public Utilities, the New Jersey
Economic Development Authority, the Department of Transportation, the
Department of Education, and the New Jersey Motor Vehicle Commission.� The
working group shall review the reports and, as appropriate, troubleshoot and
recommend solutions to any issue raised in a report submitted by a program
participant.� The working group shall consider issues raised in the reports
submitted by program participants and make recommendations regarding program
implementation.� The department may convene the working group on a more
frequent basis as may be required for the effective administration of the program.�
The department shall collect any additional information and data necessary to
complete any report required to be submitted to the Governor and Legislature
pursuant to subsection f. of this section.

���� (2)�� The department shall
permit a recipient of any grant under any State agency-administered program for
the provision of an electric school bus and electric school bus charging
infrastructure prior to the effective date of P.L.2022, c.86 (C.26:2C-8.58 et
al.) to submit any additional information and data to the department to
complement any data received by the department from program participants
pursuant to this subsection.

���� f.���� The department, in
collaboration with the Board of Public Utilities and the New Jersey Economic
Development Authority shall submit an "Electric School Bus Program"
report to the Governor and, pursuant to section 2 of P.L.1991, c.164
(C.52:14-19.1), to the Legislature.� The report shall be submitted within six
months after the conclusion of the program.

���� The department may use
available monies, singly or in combination from the following sources, to
procure professional services to assist with the development of the report:
societal benefits charge revenues received pursuant to section 12 of P.L.1999,
c.23 (C.48:3-60); the "Global Warming Solutions Fund" established
pursuant to section 6 of P.L.2007, c.340 (C.26:2C-50); any available monies
from utility programs to upgrade electrical infrastructure for purposes of
electric vehicle charging; any appropriations made by the Legislature for the
program established pursuant to P.L.2022, c.86 (C.26:2C-8.58 et al.); or any
other sources of available funding.

���� The submitted report shall
include:

���� (1)�� a description and
comprehensive review of the program, including but not limited to, an
evaluation of the program's effectiveness;

���� (2)�� a summary description of
all grants provided under the program, including the names of the recipients,
the amount of funding each recipient received, the current status of the funds
provided to each recipient, and an itemization of the total project budget
,

including vehicle costs, hardware costs, installation costs, training costs,
and administrative costs;

���� (3)�� an analysis of the
operational reliability and cost effectiveness of the use of electric school
buses and charging infrastructure by each grantee and steps taken by the
grantee to fix any operational problems;

���� (4)�� an estimate of the
emission benefits of the electric school buses and charging infrastructure
funded under this program;

���� (5)�� any preliminary findings
from grant recipients pertaining to design or operation of electric school
buses and charging infrastructure and potential improvements to make the buses
and charging infrastructure safer, more economical or environmentally advantageous;

���� (6)�� as applicable, depending
on deployment of grant recipients, an analysis of the potential costs and
benefits of using electric school bus batteries for storing power to be
returned to the electric grid or to school buildings during periods of peak
electric power demand;

���� (7)�� an assessment of
reliability of electric school buses and charging infrastructure; and

���� (8)�� an analysis of any
additional external changes that the use of electric school buses and charging
infrastructure may require regarding electric service rate schedules, school
bus inspection standards, or any other major considerations.

���� In addition to the information
included pursuant to paragraphs (1) through (8) of this subsection, the final
report shall include recommendations regarding the establishment of grant and
loan programs to provide assistance to school districts and school bus
contractors for the replacement of their bus fleets, other types of financial
agreements to assist school districts and school bus contractors with
implementing and using electric school buses, and the optimization of electric
school bus grant programs to most efficiently and effectively distribute
available funds to maximize environmental and health benefits.

���� The final report shall also
include recommendations for how additional funding may be distributed in the
most efficient and effective manner to maximize the number of electric school
buses operating in the State.

����
g.��� Following the
effective date of P.L. , c.
(C. ) (pending before the
Legislature as this bill), all the powers and responsibilities, prescribed to
the New Jersey Board of Public Utilities in P.L.2022, c.86 (C.26:2C-8.58 et
seq.), shall be transferred to and continued in the Division of Energy Resource
and Development established pursuant to section 2 of P.L. , c. (C. )
(pending before the Legislature as this bill).

(cf: P.L.2022, c.86, s.1)

���� 45.� This act shall take
effect immediately.

STATEMENT

���� This bill establishes the
Division of Energy Resource and Development (division) in, but not of, the
Department of the Treasury.�

���� Under the bill, the
administrator and chief executive officer of the divison would be:� (1) a
director, to be known as the Director of Energy Resource and Development
(director); and (2) a person qualified by training and experience to perform
the duties of the office.� The provides that the director would be appointed by
the Governor, with the advice and consent of the Senate and serve at the
pleasure of the Governor during the Governor�s term of office and until the
appointment and qualification of the director�s successor.�

���� The bill requires that the
division to, among other duties, provide a unified direction of policies,
programs, and personnel in the field of energy efficiency, clean energy, and
emissions reduction.� The bill further requires the division to oversee
energy-related programs such as the State�s electric vehicle incentives and
support State agencies in providing clean energy to New Jersey residents.�

���� In addition, the bill
transfers certain responsibilities from the Board of Public Utilities (BPU) to
the division, including, but not limited to, the Office of the BPU Business
Ombudsman and clean energy programs such as the electric vehicle incentive
program.� The bill requires the director, in consultation with the President of
the BPU, to develop a schedule for the orderly transfer of such programs.� The
bill also requires a proportionate share of staff to be transferred from the
BPU to the division.

���� Finally, the bill amends
various parts of the statutory law to reflect the division�s duties and
responsibilities established pursuant to the bill�s provisions.