Requires BPU to hold monthly in-person or virtual seminars to provides customers with certain information concerning electric power and gas suppliers.

A5075

ASSEMBLY, No. 5075

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MAY 14, 2026

Sponsored by:

Assemblywoman� CAROL A. MURPHY

District 7 (Burlington)

Co-Sponsored by:

Assemblywoman Morales

SYNOPSIS

���� Requires BPU to hold monthly in-person or virtual
seminars to provide customers with certain information concerning electric
power and gas suppliers.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning electric power and gas supplier
informational seminars and amending P.L.1999, c.23.

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

���� 1.��� Section 36 of P.L.1999,
c.23 (C.48:3-85) is amended to read as follows:�

���� 36. �a. �Notwithstanding any
provisions of the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1
et seq.) to the contrary, the board, in consultation with the Division of
Consumer Affairs in the Department of Law and Public Safety, shall initiate a
proceeding and shall adopt, after notice, provision of the opportunity for
comment, and public hearing, interim consumer protection standards for electric
power suppliers or gas suppliers, within 90 days of February 9, 1999,
including, but not limited to, standards for collections, credit, contracts,
and authorized changes of an energy customer's electric power supplier or gas
supplier, for the prohibition of discriminatory marketing, for advertising and
for disclosure. �The standards shall be effective as regulations immediately
upon filing with the Office of Administrative Law and shall be effective for a
period not to exceed 18 months
[
,
]
and may,
thereafter, be amended, adopted, or readopted by the board in accordance with
the provisions of the �Administrative Procedure Act,� P.L.1968, c.410
(C.52:14B-1 et seq.).

���� (1)�� (a) An electric power
supplier or gas supplier shall not provide electric generation service or gas
supply service to a customer in this State unless the electric power supplier
or gas supplier has provided the customer a one-page information sheet summarizing
the material terms and conditions of the contract as determined by the board. �Contract
standards shall include, but not be limited to, requirements that electric
power supply contracts or gas supply contracts conspicuously disclose the
duration of the contract; state the price per kilowatt hour or per therm or
other pricing determinant approved by the board; use a 12-point font; provide a
one-page information sheet in a 12-point font summarizing the material terms
and conditions of the contract in English and Spanish, as determined by the
board; provide the phone number and website for filing complaints with the
Board of Public Utilities
[
,
]

and

Division of Customer Assistance, and
provide
a one-sentence explanation
of the practice known as �slamming,� which is an unauthorized change of a
customer�s electric power supplier or gas supplier, in a 12-point, boldface
font on the one-page information sheet; and state, in a 12-point, boldface
font, whether the contract is for a fixed rate or a variable rate
[
,
]
and provide a
brief explanation of the difference between a fixed rate and a variable rate
that is easily understandable by the general public, including an explanation
on how weather fluctuations may affect the price of variable rate contracts;
have the customer�s written signature or electronic signature; an audio
recording of a telephone call initiated by the customer; independent,
third-party verification, in accordance with section 37 of P.L.1999, c.23
(C.48:3-86), of a telephone call initiated by an electric power supplier, gas
supplier, or private aggregator; or any alternative forms of verification as
the board, in consultation with the Division of Consumer Affairs in the
Department of Law and Public Safety, may permit prior to switching electric power
suppliers or gas suppliers and for contract renewal; and include termination
procedures, notice of any fees, and toll-free or local telephone numbers for
the electric power supplier or gas supplier and for the board. �An electric
power supplier or gas supplier shall not provide the customer�s telephone
number, electronic mail address, or postal address to other electric power
suppliers or gas suppliers if the customer�s telephone number appears on the no
telemarketing call list established and maintained by the Division of Consumer
Affairs, pursuant to the provisions of section 9 of P.L.2003, c.76
(C.56:8-127), or
on
the national do-not-call registry as maintained by
the Federal Trade Commission.

���� (b)�� As used in this
paragraph, �customer� means a residential customer or a commercial electric
customer with a cumulative peak load of 50 kilowatts or less, or a commercial
gas customer with a cumulative peak load of 5,000 therms or less.

���� (2)�� Standards for the
prohibition of discriminatory marketing shall provide, at a minimum, that a
decision made by an electric power supplier or a gas supplier to accept or
reject a customer shall not be based on race, color, national origin, age,
gender, religion, source of income, receipt of public benefits, family status,
sexual preference, or geographic location. �The board shall adopt reporting
requirements to monitor compliance with its standards.

���� (3)�� Advertising standards
for electric power suppliers or gas suppliers shall provide, at a minimum, that
optional charges to the customer will not be added to any advertised cost per
kilowatt hour or per therm
[
,
]
and that the
only unit of measurement that may be used in advertisements is cost per
kilowatt hour or per therm, unless otherwise approved by the board. �If an
electric power supplier or gas supplier does not advertise using cost per
kilowatt hour or per therm, the electric power supplier or gas supplier shall
provide, at the customer�s request, an estimate of the cost per kilowatt hour
or per therm. �Any optional charges to the customer shall be identified
separately and denoted as optional.

���� (4)�� Credit standards shall
include, at a minimum, that the credit requirements used to make decisions must
be the same for all residential customers and that electric power suppliers,
gas suppliers, and private aggregators not impose unreasonable income or credit
requirements.

���� (5)�� Billing standards shall
include, at a minimum, provisions prohibiting electric public utilities, gas
public utilities, electric power suppliers, and gas suppliers from charging a
fee to residential customers for either the commencement or termination of electric
generation service or gas supply service.

���� b.��� (1) Except as provided
in paragraph (2) of this subsection, an electric power supplier, a gas
supplier, an electric public utility, and a gas public utility shall not
disclose, sell, or transfer individual proprietary information, including, but
not limited to, a customer�s name, address, telephone number, energy usage, and
electric power payment history
[
,
]
to a third
party without the consent of the customer.

���� (2)�� (a) An electric public
utility or a gas public utility may disclose and provide, in an electronic
format, which may include a CD rom, diskette, and other format as determined by
the board, without the consent of a residential customer, a residential customer�s
name, rate class, and account number, to a government aggregator that is a
municipality or a county, or to an energy agent acting as a consultant to a
government aggregator that is a municipality or a county, if the customer
information is to be used to establish a government energy aggregation program
pursuant to sections 42, 43, and 45 of P.L.1999, c.23 (C.48:3-91; C.48:3-92;
and C.48:3-94). �The number of residential customers and their rate class, and
the load profile of non-residential customers who have affirmatively chosen to
be included in a government energy aggregation program pursuant to paragraph
(3) of subsection a. of section 45 of P.L.1999, c.23 (C.48:3-94)
,
may be
disclosed pursuant to this paragraph prior to the request by the government
aggregator for bids pursuant to paragraph (1) of subsection b. of section 45 of
P.L.1999, c.23 (C.48:3-94), and the name, address, and account number of a
residential customer and the name, address, and account number of
non-residential customers who have affirmatively chosen to be included in a
government energy aggregation program pursuant to paragraph (3) of subsection
a. of section 45 of P.L.1999, c.23 (C.48:3-94) may be disclosed pursuant to
this paragraph upon the awarding of a contract to a licensed power supplier or
licensed gas supplier pursuant to paragraph (2) of subsection b. of section 45
of P.L.1999, c.23 (C.48:3-94). �Any customer information disclosed pursuant to
this paragraph shall not be considered a government record for the purposes of
and shall be exempt from the provisions of P.L.2001, c.404 (C.47:1A-5 et al.).

���� (b)�� An electric public
utility or a gas public utility disclosing customer information pursuant to
this paragraph shall exercise reasonable care in the preparation of this
customer information
[
,
]
but shall not
be responsible for errors or omissions in the preparation or the content of the
customer information.

���� (c)�� Any person using any
information disclosed pursuant to this paragraph for any purpose other than to
establish a government energy aggregation program pursuant to sections 42, 43,
and 45 of P.L.1999, c.23 (C.48:3-91; C.48:3-92; and C.48:3-94), or a solar energy
project established pursuant to section 5 of P.L.2018, c.17 (C.48:3-87.11),
shall be subject to the provisions of section 34 of P.L.1999, c.23 (C.48:3-83).

���� (d)�� The role of an electric
public utility or a gas public utility in a government energy aggregation
program established pursuant to P.L.1999, c.23 (C.48:3-49 et al.) shall be
limited to the provisions of this paragraph.

���� (e)�� An electric public
utility may disclose and provide, in an electronic format, which may include
any format as determined by the board, without the consent of a residential
customer, a residential customer�s name, address, rate class, account number,
and energy usage
[
,
]
to a
municipality, county, or an agent acting for a municipality or county, if the
information is to be used for automatic enrollment in a solar energy project
under the Community Solar Energy Pilot Program or the permanent Community Solar
Energy Program established by the board pursuant to section 5 of P.L.2018, c.17
(C.48:3-87.11).� Any customer information disclosed pursuant to this paragraph
shall not be considered a government record for the purposes of, and shall be
exempt from the provisions of, P.L.2001, c.404 (C.47:1A-5 et al.).

���� (3)�� Whenever any individual
proprietary information is disclosed, sold, or transferred, pursuant to
paragraph (1) or paragraph (2) of this subsection, it shall be used only for
the provision of continued electric generation service, electric-related
service, gas supply service, or gas-related service to that customer. �In the
case of a transfer or sale of a business, customer consent shall not be
required for the transfer of customer proprietary information to the subsequent
owner of the business for maintaining the continuation of those services.

���� (4)�� Notwithstanding any
provisions of the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1
et seq.) to the contrary, the board shall, within 90 days of the effective date
of P.L.2003, c.24 (C.48:3-93.1 et al.), review existing regulations including,
without limitation, Chapter 4 of Title 14 of the New Jersey Administrative Code
(Energy Competition), to determine their consistency with the provisions of
section 36 of P.L.1999, c.23 (C.48:3-85), section 43 of P.L.1999, c.23
(C.48:3-92) and section 45 of P.L.1999, c.23 (C.48:3-94), repeal or modify any
regulations that are inconsistent with the provisions thereof, and shall adopt
regulations and standards implementing the provisions thereof permitting
disclosure of customer information without the consent of the customer
including, without limitation, provisions for the development of a
board-approved agreement between the disclosing party and the receiving party
and the creation of a mechanism for the recovery by the disclosing electric
public utility or gas public utility of its reasonable incremental costs of
providing the customer information if those costs are not covered in an
existing third-party supplier agreement.

���� (5)�� An electric power
supplier, a gas supplier, a gas public utility, or an electric public utility
may use individual proprietary information that it has obtained by virtue of
its provision of electric generation service, electric related service, gas
supply service, or gas related service to:�

���� (a)��
[
Initiate
]

initiate
,
render, bill, and collect for these services to the extent otherwise authorized
to provide billing and collection services;

���� (b)��
[
Protect
]

protect

the rights or property of the electric power supplier, gas supplier, or public
utility; and

���� (c)��
[
Protect
]

protect

consumers of these services and other electric power suppliers, gas suppliers,
or electric and gas public utilities from fraudulent, abusive, or unlawful use
of, or subscription to, these services.

���� c.���� The board shall
establish and maintain a database for the purpose of recording customer
complaints concerning electric and gas public utilities, electric power
suppliers, gas suppliers, private aggregators, and energy agents. �The board
shall publish on its website on a quarterly basis a detailed report regarding
customer complaints that shall not include the names or other personal
information of the customers who complained
[
,
]
but shall
include the names of the electric and gas public utilities, electric power
suppliers, gas suppliers, private aggregators, and energy agents against which
the complaints were filed.

���� d.��� The board, in
consultation with the Division of Consumer Affairs in the Department of Law and
Public Safety, shall establish, or cause to be established, a multi-lingual
electric and gas consumer education program. �The goal of the consumer
education program shall be to educate residential, small business, and special
needs consumers about the implications for consumers of the restructuring of
the electric power and gas industries. �The consumer education program shall
include, but need not be limited to, the dissemination of information to enable
consumers to make informed choices among available electricity and gas services
and suppliers
[
,
]
and the
communication to consumers of the consumer protection provisions of P.L.1999,
c.23 (C.48:3-49 et al.).�
The board shall hold monthly in-person seminars in
varying locations throughout the State, or virtual seminars conducted in a form
and manner to be determined by the board, for the purpose of disseminating the
information required to be provided to customers pursuant to this paragraph.

����
(2)
�� The board shall
ensure the neutrality of the content and message of advertisements and
materials.

����
(3)
�� The board shall
promulgate standards for the recovery of consumer education program costs from
customers
,
which include reasonable measures and criteria to judge the
success of the program in enhancing customer understanding of retail choice.

���� e.���� (Deleted by amendment,
P.L.2003, c.24)

���� f.���� (1) In addition to the
advertising standards adopted by the board pursuant to paragraph (3) of
subsection a. of this section, the board, in consultation with the Division of
Consumer Affairs in the Department of Law and Public Safety, shall adopt,
pursuant to the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1 et
seq.) interim advertising and marketing standards for electric power suppliers,
gas suppliers, brokers, energy agents, marketers, private aggregators, sales
representatives, and telemarketers applicable to potential residential
customers, within 270 days of the effective date of P.L.2013, c.263, which
standards shall include, but not be limited to, prohibiting electric power
suppliers, gas suppliers, brokers, energy agents, marketers, private aggregators,
sales representatives, and telemarketers from: �

���� (a)�� making false or
misleading advertising claims to a potential residential customer; or

���� (b)�� contacting a potential
residential customer by telephone for the purpose of making an unsolicited
advertisement if the electric power supplier, gas supplier, broker, energy
agent, marketer, private aggregator, sales representative, or telemarketer does
not have an existing business relationship with the potential residential
customer and the residential customer�s telephone number appears on the no
telemarketing call list established and maintained by the Division of Consumer
Affairs, pursuant to the provisions of section 9 of P.L.2003, c.76
(C.56:8-127), or
on
the national do-not-call registry as maintained by
the Federal Trade Commission.

���� The standards shall be
effective as regulations immediately upon filing with the Office of
Administrative Law and shall be effective for a period not to exceed 18 months,
and may, thereafter, be amended, adopted, or readopted by the board in
accordance with the provisions of the �Administrative Procedure Act,� P.L.1968,
c.410 (C.52:14B-1 et seq.).

���� (2)�� In addition to any other
penalties, fines, or remedies authorized by law, an electric power supplier,
gas supplier, broker, energy agent, marketer, private aggregator, sales
representative, or telemarketer that violates subparagraph (a) of paragraph (1)
of this subsection and collects charges for electric generation service or gas
supply service supplied to a residential customer
[
,
]
who was subjected to false or
misleading advertising claims by the electric power supplier, gas supplier,
broker, energy agent, marketer, private aggregator, sales representative, or
telemarketer in violation of subparagraph (a) of paragraph (1) of this
subsection
[
,
]
shall be
liable to the residential customer in an amount equal to all charges paid by
the residential customer after such violation occurs in accordance with any
procedures as the board may prescribe, whether the electric power supplier or
gas supplier provided the electric generation service or gas supply service to
that customer
[
,
]
or
whether

the electric generation service or gas supply service was provided to the
customer by a broker, energy agent, marketer, private aggregator, sales
representative, or telemarketer who contacted the customer on behalf of the
electric power supplier or gas supplier. �An electric power supplier, gas
supplier, broker, energy agent, marketer, private aggregator, sales
representative, or telemarketer that violates this subsection shall also be
liable for a civil penalty pursuant to section 34 of P.L.1999, c.23
(C.48:3-83). �The board is hereby authorized to revoke the license of any
electric power supplier, gas supplier, broker, energy agent, marketer, or
private aggregator that violates this subsection.

(cf: �P.L.2023, c.200, s.2)

���� 2.��� This act shall take
effect on the 60th day after the date of enactment.� However, the board may
take anticipatory administrative action as may be necessary to effectuate this
act.

STATEMENT

���� This bill amends existing law
concerning electric power and gas supplier consumer protection provisions to
require the Board of Public Utilities to conduct monthly in-person or virtual
seminars for the purpose of enabling customers to make informed choices among
available electricity and gas services and suppliers and the communication of
consumer protection standards.