"Advanced Grid Technologies Act"; requires State oversight of supplemental projects and establishes expedited review for projects utilizing advanced transmission technologies.*

A5188 2R

[Second Reprint]

ASSEMBLY, No. 5188

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JUNE 1, 2026

Sponsored by:

Assemblyman� CODY D. MILLER

District 4 (Atlantic, Camden and Gloucester)

Assemblyman� ALEXANDER "AVI" SCHNALL

District 30 (Monmouth and Ocean)

Assemblyman� CHIGOZIE U. ONYEMA

District 28 (Essex and Union)

Senator� ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Senator� BRITNEE N. TIMBERLAKE

District 34 (Essex)

Co-Sponsored by:

Assemblywoman Bagolie, Assemblymen Kearney, Bhalla, Macurdy
and Senator McKnight

SYNOPSIS

���� �Advanced Grid Technologies Act�; requires State
oversight of supplemental projects and establishes expedited review for
projects utilizing advanced transmission technologies.

CURRENT VERSION OF TEXT

���� As reported by the Assembly State and Local
Government Committee on June 23, 2026, with amendments.

��

An Act
concerning electric transmission planning and
supplementing Title 48 of the Revised Statutes.

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

���� 1.��� This act shall be known
and may be cited as the �Advanced Grid Technologies Act.�

���� 2.��� The Legislature finds
and declares that:�

���� a.���� Electric transmission
facilities serving New Jersey customers face unprecedented demands from rising
load growth, lengthy interconnection queues, and the continuous need to provide
adequate, reliable, and efficient electric service to customers;

���� b.��� In Order No. 1920 and
other related proceedings, the Federal Energy Regulatory Commission (FERC)
recognized that advanced transmission technologies are essential tools for
modern grid planning that should be meaningfully considered in transmission
planning processes;

���� c.���� Advanced transmission
technologies, including grid-enhancing technologies and high-performance
conductors, have
2
in
certain instances
2

demonstrated significant consumer savings, reliability improvements, and
capacity gains in deployments within the United States and internationally,
often with benefit-to-cost ratios substantially exceeding those of traditional
transmission alternatives;

���� d.���
2
[
Advanced
distribution technologies, including distribution automation, advanced
inverters, distributed energy resource management systems, and
grid-services-capable storage, are essential to integrating distributed energy
resources, electrifying buildings and transportation, and maintaining reliable
distribution service despite evolving load patterns;

���� e.����
]
2

Electric public utilities undertake transmission projects to
2
[
supplement
projects
]

address local transmission upgrades outside the regional transmission
planning process reviewed and
2

approved by PJM Interconnection, L.L.C. (PJM) for regional reliability,
operational performance, or economic purposes.� These projects are commonly
referred to as supplemental projects in PJM�s Attachment M-3 process and have
historically received limited
2
to
no
2

oversight from PJM and
2
[
state
]

State
2

regulatory authorities, even though costs for these supplemental projects are
passed through to utility customers;

����
2
[
f.
]

e.
2
����� Often,

2
[
cost-of-service
ratemaking, as traditionally applied,
]

the use of formula rates at FERC
2

fails to effectively incentivize electric public utilities to adopt advanced
transmission technologies
2
[
and advanced
distribution technologies
]
2
.�
However, regulatory mechanisms that align utility financial interests with
consumer savings could successfully incentivize such adoption;

����
2
[
g.
]

f.
2
���� For
more than a century, state regulatory authorities have exercised authority over
the construction of electric transmission facilities through certificates of
public convenience and necessity.� Moreover, FERC has acknowledged
1
[
that
authorizing supplemental projects undertaken pursuant to
]

the
consultative role of state regulatory authorities in
1
PJM�s
Attachment M-3 process
1
[
is a function
of state regulatory authorities
]
1
;
and

����
2
[
h.
]

g.
2
���� It
is therefore in the public interest for New Jersey to establish a process for
issuing certificates of public convenience and necessity for supplemental
2
[
transmission
]
2

projects undertaken by electric public utilities in the State, which process
shall require meaningful consideration of
2
cost-effective
2
advanced
transmission technologies
2
[
and advanced
distribution technologies
]
2

and provide for expedited review where such technologies are deployed
2
in a
cost-effective manner in order
2

to meet applicable grid performance benchmarks.

���� 3.��� As used in
P.L. , c.
(C. ) (pending before the
Legislature as this bill):�

���� �Advanced conductor� means a
conductor used in an electric transmission system, which conductor has: �(1) a
similar diameter and weight as a traditional aluminum conductor steel
reinforced conductor; (2) a direct electrical resistance that is at least 10
percent lower than a traditional aluminum conductor steel reinforced cable of a
similar diameter and weight; and (3) an energy-carrying capacity that is at
least 75 percent greater than a traditional aluminum conductor steel reinforced
conductor of a similar diameter and weight.� �Advanced conductor� shall include
a carbon fiber conductor, a composite core conductor, and a superconductor.

����
2
[
�Advanced
distribution technologies� or �ADTs� means:� (1) software or hardware
technologies that increase the capacity, efficiency, reliability, visibility,
or safety of an existing or new electric distribution system, including
distribution automation, advanced inverters, distributed energy resource
management systems, distribution-sited energy storage deployed for
grid-services purposes, including behind-the-meter energy storage systems and
front-of-the-meter energy storage systems, and substation upgrades that
facilitate aggregated power export, including virtual power plant integration
and reverse power flow protection; and (2) other technologies designed to
support the integration of distributed energy resources or to increase the
capacity, efficiency, reliability, visibility, or safety of an existing or new
electric distribution system.
]
2

���� �Advanced power flow control
technology� means
1
[
any software
or hardware technology used to push or pull electric power in a manner that
balances overloaded lines and underutilized corridors within the electric
distribution system or electric transmission system
]

power electronic-based
devices that:� (1) actively change how power flows through the transmission
system without changing generator dispatch or network topology; and (2) divert
power flow from congested lines to other circuits with spare capacity for more
efficient use of transmission assets
1
.

���� �Advanced transmission
technologies� or �ATTs� means software or hardware technologies that increase
the capacity, efficiency, reliability, or safety of an existing or new electric
transmission system, including:� (1) grid-enhancing technologies, including,
but not limited to, dynamic line rating, advanced power flow controllers, and
topology optimization; (2) advanced conductors; and (3) other technologies
designed to reduce transmission congestion or increase the capacity,
efficiency, reliability, or safety of an existing or new electric transmission
system.

���� �Board� means the New Jersey
Board of Public Utilities or its successor.

���� �Certificate� means a
certificate of public convenience and necessity issued pursuant to
P.L. , c.
(C. ) (pending before the
Legislature as this bill).

���� �Cost-effective� or
�cost-effectiveness� means that a supplemental
2
[
transmission
]
2

project or component thereof produces benefits that justify its costs when
evaluated on a life-cycle basis over the useful life of the investment, which
benefits include, but are not limited to, reductions of both central and
distributed generation interconnection, reduced line losses, reduced
curtailment,
1
[
and
]
1

reduced transmission congestion
1
,
reductions in energy or capacity prices, and reliability and resilience
improvements
1
.�
However, �cost-effectiveness� shall not be determined solely based on nominal
capital costs.

���� �Dynamic line rating� means
1
[
any software
or hardware technology used to appropriately update the calculated thermal
limits of existing distribution or transmission lines based on real-time and
forecasted weather conditions
]

a methodology for determining the real-time ampacity of transmission lines
based on actual and forecasted environmental and operational conditions
1
.

���� �Electric public utility� or
�utility� means a public utility, as that term is defined in R.S.48:2-13, that
transmits and distributes electricity to end users within the State.

���� �Grid performance benchmarks�
means grid performance standards, benchmarks, and planning criteria identified
by the board
2
after
a public proceeding
2

pursuant to section
1
[
8
]

7
1
of
P.L. , c.
(C. ) (pending before the
Legislature as this bill).

����
1
�NERC�
means the North American Electric Reliability Corporation.
1

���� �PJM Interconnection, L.L.C.�
or �PJM� means the same as the term is defined in section 3 of P.L.1999, c.23
(C.48:3-51)
2
or
any successor entity
2
.

���� �Supplemental
2
[
transmission
]
2

project� or �project� means a project
2
[
undertaken by
an electric public utility
1
,
pursuant to PJM�s Attachment M-3 process,
1
]

planned by a transmission
owner through the PJM local transmission owner planning process under
Attachment M-3 of PJM�s Open Access Transmission Tariff or any successor tariff
provision
2

to:� (1) construct a new transmission line of a design capacity of 100
kilovolts or more, whether overhead or underground, including submarine cable,
and a length of one mile or more, including associated equipment
2
[
1
included
in or directly associated with the M-3 presentation to PJM
1
]

such as
substations
2
;
or (2)
2
expand,
enhance, rebuild, replace, or
2

modify an existing transmission line of a design capacity of 100 kilovolts or
more, whether overhead or underground, including submarine cable
2
and
associated equipment such as substations
2
.� �Supplemental
2
[
transmission
]
2

project� does not include
1
:
�(1)
1

a
2
[
1
regional
1
]
2

project, or discrete component of a project, that has been deemed necessary and
approved by the PJM Board of Managers to comply with PJM system reliability,
operational performance,
2
[
or economic
criteria
]

market efficiency, or public policy needs
2

1
; or
(2) a project that is undertaken solely for routine maintenance of an existing
transmission line
1
.

���� �Topology optimization� means
any software or hardware technology that identifies reconfigurations of the
electric grid and can enable the routing of power flows around congested or
overloaded distribution or transmission elements.

���� �Virtual power plant� means an
aggregation of distributed energy resources, including, but not limited to,
behind-the-meter generation, energy storage, and controllable loads, that
participate in or support the operation of the electric grid as a coordinated
resource through software-based control and dispatch.

���� 4.��� a.� Prior to
constructing a supplemental
2
[
transmission
]
2

project in this State, an electric public utility shall apply to the Board of
Public Utilities for a certificate of public convenience and necessity.� The
utility shall include in its application for a certificate to the board:�

���� (1)�� any information the
board deems necessary to review the application;

���� (2)�� an explanation of
whether the supplemental
2
[
transmission
]
2

project will deploy advanced transmission technologies, either in addition to
or in lieu of traditional transmission investments,
2
the cost
effectiveness of the deployment of such technologies,
2
and the
benefits thereof, including a demonstration that the project will meet the
applicable grid performance benchmarks established by the board pursuant to
section
1
[
8
]

7
1
of
P.L. , c.
(C. ) (pending before the
Legislature as this bill);

���� (3)�� if an electric public
utility decides not to deploy ATTs in the project in a material manner, as
determined by the board, a justification for that decision and a third-party
analysis of the cost-effectiveness of the project
2
[
.
]

as
compared to the deployment of ATTs
2

1
[
However, an
electric public utility shall not recover through any component of the rates
charged to its customers any costs related to the third-party analysis
]
1
;

���� (4)�� a request for review
under section 5 or 6 of
P.L. , c. (C. or C. )
(pending before the Legislature as this bill); and

���� (5)�� for applications
processed under section
2
5
or
2

6 of
P.L. , c. (C. )
(pending before the Legislature as this bill), an application fee
1
,
which fee shall be recoverable through rates,
1
in an
amount to be determined by the board to cover the cost of the board�s review.

���� b.��� Within 30 days of
receiving a completed application submitted pursuant to subsection a. of this
section, the board shall determine whether to review the application under
section 5 or 6 of P.L. , c. (C.
or C. ) (pending before the
Legislature as this bill).� The board shall review an application under the
provisions of section 5 of P.L. , c.
(C. ) (pending before the
Legislature as this bill) only if the utility has made a prima facie showing
that the conditions set forth in paragraph (1) of subsection a. of section 5 of
P.L. , c.
(C. ) (pending before the
Legislature as this bill) are satisfied.� All other applications shall be
reviewed under the provisions of section 6 of P.L. ,
c. (C. )
(pending before the Legislature as this bill).�
1
[
The board�s determination under
this subsection shall not be subject to interlocutory appeal but may be
reviewed upon a final agency decision to issue a certificate pursuant to the
board�s review under section 5 or 6 of P.L. ,
c. (C. or
C. ) (pending before the
Legislature as this bill).
]
1

���� c.���� The board shall permit
the public to participate in, and have access to, the electric public utility�s
application submitted pursuant to subsection a. of this section, including work
papers and project scenarios.� The board shall establish a public comment
period of at least 30 days for each application.� However, nothing in this
section shall prohibit an electric public utility from requesting, or the board
from approving, the protection of confidential or proprietary information under
applicable law to the extent necessary to ensure the security of the electric
grid and the intellectual property of the utility applying for a certificate
pursuant to subsection a. of this section.� The electric public utility may
request any information provided pursuant to subsection a. of this section be
confidential and not be made publicly available
2
[
.� The
]

, and the
2
request
shall be subject to approval by the board.�
2
However, the Division of
Rate Counsel and the PJM Independent Market Monitor shall have access to any
material deemed confidential, as approved by the board pursuant to this
subsection, provided the division and the market monitor are subject to a
non-disclosure agreement.
2

���� d.���
2
[
1
[
An
]

To the
extent applicable, an
1

electric public utility may deploy ATTs at a location outside the State,
undertaken by the utility or a neighboring electric public utility, pursuant to
a reciprocity or other appropriate agreement, in addition to or in lieu of
traditional transmission investments for the purpose of satisfying the
requirements of subsection a. of section 5 of P.L. ,
c. (C. ) (pending
before the Legislature as this bill).� However, the application submitted by
the electric public utility pursuant to subsection a. of this section shall
identify, for each deployment of ATTs at a location outside the State, the
jurisdiction in which it is located and the status of any authorization
required from the jurisdiction where it is located.

���� e.����
1
[
If
]

To the
extent applicable, if
1

any component of a project is located outside of the State, the board shall
review the project, under either section 5 or 6 of
P.L. , c.
(C. or C. )
(pending before the Legislature as this bill), to determine whether the project
in its totality satisfies the applicable requirements of section 5 or 6 of
P.L. , c. (C.
or C. ) (pending before the
Legislature as this bill), as applicable, and whether the costs associated with
the component located outside the State may be recovered from the electric
public utility�s customers in the State.� Approval by the board under section 5
or 6 of P.L. , c.
(C. or
C. ) (pending before the
Legislature as this bill) shall not exempt the electric public utility or a
neighboring electric public utility from obtaining authorization from the
jurisdiction in which the component of the project is located.

���� f.
]
2
� An electric public
utility shall not apply for a certificate pursuant to this section until PJM
has completed its review of the project under Attachment M-3 of the PJM Open
Access Transmission Tariff.� An application under this section shall include, as
an exhibit, the complete record of the PJM Attachment M-3 process.

���� 5.��� a.� The Board of Public
Utilities shall approve an application for a certificate of public convenience
and necessity submitted by an electric public utility pursuant to section 4 of
P.L. , c. (C. )
(pending before the Legislature as this bill) if the board finds that:�

���� (1)�� the supplemental
2
[
transmission
]
2

project meets the applicable grid performance benchmarks established by the
board pursuant to section
1
[
8
]

7
1
of
P.L. , c.
(C. ) (pending before the
Legislature as this bill) through the proposed deployment of advanced
transmission technologies;
2
[
or the utility
is concurrently deploying advanced distribution technologies of a scope and at
a scale reasonably commensurate with the project that meets the grid
performance benchmarks applicable to ADTs and that the ADTs address an
identified distribution-system reliability constraint, distributed energy
resource integration limitation, or load management need within the service
area affected by
1
any
distribution component of
1

the project, as supported by
1
[
substantial
]

the preponderance
of the
1

evidence in the utility�s application;
]
2

���� (2)�� the utility can
efficiently manage and supervise the construction process and has taken
sufficient action to ensure adequate and efficient construction and supervision
of the construction; and

���� (3)�� the utility can finance
the proposed construction without significant adverse financial consequences
for the utility or its customers
2
[
1
and,
with respect to distribution capital spending, the financing is aligned with
the most recent approved distribution capital structure
1
]
2
.

���� b.���
2
[
An
]

As part of
the
2

application satisfying the requirements in paragraph (1) of subsection a. of
this section
2
,
the utility
2

shall
2
[
be presumed to
constitute a reasonable and cost-effective means of meeting the requirements of
P.L. , c.
(C. ) (pending before the
Legislature as this bill),
]

present a cost-effectiveness analysis, which shall be
2
subject
to rebuttal by a party to the proceeding
2
[
upon a showing
of clear and convincing evidence
]

.� As part of the approval process for a certificate under this section, the
board shall make a finding as to any disputed cost-effectiveness analysis
2
.� The
board may condition its approval of a certificate under this section on changes
to the utility�s application that the board deems to be in the public interest.

���� c.���� The board shall issue
an order with its determination regarding an application for a certificate
submitted pursuant to section 4 of P.L. ,
c. (C. )
(pending before the Legislature as this bill) and reviewed under this section
no later than
1
[
90
]

120
1
days
after the submission of a completed application.� The board may extend this
period by an additional period not to exceed 30 days upon a specific finding,
made on the record, that an extension will serve the public interest.

����
1
d.�� Nothing
in this section shall authorize the board to conduct a siting review of the
supplemental

2
[
transmission
]
2

project.�
The board shall not consider the environmental impacts of the project in the
board�s determination under this section.
1

���� 6.��� a.� The Board of Public
Utilities shall, after notice and hearing, approve an electric public utility�s
application for a certificate of public convenience and necessity submitted
pursuant to section 4 of P.L. , c.
(C. ) (pending before the
Legislature as this bill) that has not been approved pursuant to section 5 of
P.L. , c. (C. (pending
before the Legislature as this bill) if the board finds that:�

���� (1)�� the supplemental
2
[
transmission
]
2

project is necessary to provide safe, adequate, and reliable service to the
utility�s customers and is a reasonable and cost-effective means of satisfying
those service needs;
2
[
or that the
project is a reasonable and cost-effective means of promoting the development
of a competitive electricity market that operates efficiently and is equitable
to all customers;
]
2

���� (2)�� the utility can
efficiently manage and supervise the construction process and has taken
sufficient action to ensure adequate and efficient construction and supervision
of the construction; and

���� (3)�� the utility can finance
the proposed construction without significant adverse financial consequences
for the utility or its customers
2
[
1
and,
with respect to distribution capital spending, the financing is aligned with
the most recent approved distribution capital structure
1
]
2
.

���� b.��� In determining whether
the project is a reasonable and cost-effective means of meeting the
requirements of paragraph (1)
1
[
pf
]

of
1

subsection a. of this section, the board shall consider whether, and to what
extent, the project:�

���� (1)�� reduces energy and
capacity prices for customers in the State, including the potential to reduce
future price increases or price volatility;

���� (2)�� enhances the reliability
and resilience of the
1
[
bulk power
system, considering any reliability determination from PJM
]

utility�s
transmission or distribution system
1
;

���� (3)�� facilitates the
connection of new load or generation resources to the electric grid;

���� (4)�� provides benefits to
customers in the State, including, but not limited to, reduced line losses,
reduced curtailment of energy generation resources, and reduced transmission
congestion; and

���� (5)�� is supported by
1
[
substantial
]

the
preponderance of the
1

evidence in the utility�s justification submitted pursuant to paragraph (3) of
subsection a. of section 4 of P.L. ,
c. (C. )
(pending before the Legislature as this bill) for any decision not to deploy
ATTs.

���� c.���� The board shall issue
an order with its determination regarding an application for a certificate
submitted pursuant to section 4 of P.L. ,
c. (C. )
(pending before the Legislature as this bill) and reviewed under this section
no later than 180 days after the submission of a completed application.� The
board may extend this period by an additional period not to exceed 90 days.�
The board may condition its approval of a certificate under this section on
changes to the utility�s application that the board deems to be in the public
interest.

����
1
d.�� The
board shall confine its review of a supplemental
2
[
transmission
]
2

project
under this section to the enumerated criteria in subsections a. and b. of this
section.� Nothing in this section shall authorize the board to conduct a siting
review of the project.� The board shall not consider the environmental impacts
of the project in the board�s determination under this section.
1

����
1
[
7. a.� The Board
of Public Utilities may establish, by rule or order, mechanisms for cost
recovery or deployment incentives applicable to the deployment of advanced
transmission technologies and advanced distribution technologies undertaken by
electric public utilities pursuant to P.L. ,
c. (C. )
(pending before the Legislature as this bill), which mechanisms may include,
but shall not be limited to:�

���� (1)�� recovery of prudently-incurred
costs through base rates or a separate tariff rider;

���� (2)�� shared-savings
mechanisms under which the utility retains a defined percentage of verified net
benefits produced by the deployment of ATTs or ADTs, including, but not limited
to, benefits in the form of reduced congestion costs, increased transfer
capability, or deferred or avoided traditional transmission or distribution
investment, improved distribution-system reliability, or reduced costs of integrating
distributed energy resources; and

���� (3)�� performance-based
incentives that are tied to measurable metrics, including congestion reduction,
capacity gains, line-loss reduction, distribution-system improvements, or
compliance with the applicable grid performance benchmarks established by the
board pursuant to section 8 of P.L. ,
c. (C. )
(pending before the Legislature as this bill) and that are proportional to the
amount of savings realized by ratepayers.

���� b.��� In establishing any
mechanism under subsection a. of this section, the board shall ensure that: �

���� (1)�� benefits are verified
using methodologies that draw upon industry consensus standards and federal
guidance, including, as appropriate, cost-benefit methodologies adopted by the
Federal Energy Regulatory Commission or PJM;

���� (2)�� the mechanism is
designed to align utility financial incentives with the interests of electric
public utility customers in New Jersey; and

���� (3)�� the mechanism does not
result in double recovery of the same costs or benefits through the State�s
retail rates and any Federal Energy Regulatory Commission jurisdictional
transmission rates.
]
1

����
1
[
8.
]

7.
1
���� The
Board of Public Utilities shall establish, and review and update at least once
every three years, grid performance benchmarks that incorporate federal
guidance and industry consensus standards, including, but not limited to,
planning requirements adopted by the Federal Energy Regulatory Commission
pursuant to Order No. 1920 and any modifications thereto, reliability standards
of the North American Electric Reliability Corporation, and benchmarks
published by the United States Department of Energy, including the National
Transmission Planning Study.�
2
While
establishing the grid performance benchmarks, the board shall conduct
stakeholder meetings and provide an opportunity to submit written comments in
response to the formation of such benchmarks and to any related straw proposals
from the board.
2

���� The grid performance
benchmarks established by this section shall include, at a minimum, criteria
addressing:� compliance with applicable reliability standards of
1
[
the North
American Electric Reliability Corporation
]

NERC
1

or the applicable distribution-system reliability standards adopted by the
board; measurable reductions in transmission congestion or improvements in
transfer capability, or measurable improvements in distribution-system
performance metrics, including outage frequency and duration; demonstrated
cost-effectiveness
2
[
over a defined
planning horizon
]

when evaluated on a life-cycle basis over the useful life of the investment
2
; and
consistency with applicable federal transmission planning requirements.

����
2
[
The board
shall identify which grid performance benchmarks apply to advanced transmission
technologies and which apply to advanced distribution technologies.
]
2

����
1
Nothing
in this section shall conflict with federally-established grid performance
benchmarks, including NERC Reliability Standards. �Nothing in this section
shall affect FERC�s jurisdiction over the planning of electric transmission
facilities.
1

����
1
[
9.
]

8.
1
���� a.�
Within 270 days after the date of enactment of P.L. ,
c. (C. )
(pending before the Legislature as this bill), and notwithstanding the
provisions of the �Administrative Procedure Act,� P.L.1968, c.410 (C.52:14B-1
et seq.) to the contrary, the Board of Public Utilities shall, immediately upon
filing proper notice with the Office of Administrative Law, adopt rules and
regulations as may be necessary for the implementation of
P.L. , c.
(C. ) (pending before the
Legislature as this bill), including, but not limited to, rules and
regulations:�

���� (1)�� establishing a process
through which electric public utilities shall apply for a certificate pursuant
to section 4 of P.L. ,
c. (C. )
(pending before the Legislature as this bill)
1
, including categories
of information that an electric public utility is required to submit pursuant
to paragraph (1) of subsection a. of section 4
1
;

���� (2)�� establishing processes
for the review of applications for certificates submitted pursuant to section 4
of P.L. , c.
(C. ) (pending before the
Legislature as this bill), which processes may vary, as determined by the
board, depending on the type of supplemental
2
[
transmission
]
2

project;

���� (3)�� determining the amount
of the application fee to be collected pursuant to paragraph (5) of subsection
a. of section 4 of
P.L. , c. (C. ) (pending
before the Legislature as this bill): and

���� (4)�� establishing grid
performance benchmarks pursuant to section
1
[
8
]

7
1
of
P.L. , c.
(C. ) (pending before the
Legislature as this bill).

���� b.��� The rules and
regulations adopted pursuant to subsection a. of this section shall be in
effect for a period not to exceed one year after the date of the filing.� These
rules and regulations shall thereafter be adopted, amended, or readopted by the
board in accordance with the requirements of the �Administrative Procedure
Act,� P.L.1968, c.410 (C.52:14B-1 et seq.).

����
1
[
10.
]

9.
1
�� a.�
The provisions of P.L. , c.
(C. ) (pending before the
Legislature as this bill) shall apply to any application to construct or modify
a supplemental
2
[
transmission
]
2

project filed on or after the effective date of P.L. ,
c. (C. )
(pending before the Legislature as this bill).

���� b.��� P.L. ,
c. (C. )
(pending before the Legislature as this bill) shall not apply to any project,
or discrete component thereof, that has received final approval from the Board
of Public Utilities prior to the effective date of
P.L. , c.
(C. ) (pending before the
Legislature as this bill) pursuant to:�

���� (1)�� an infrastructure
investment program order issued by the board;

���� (2)�� a base rate case order;
or

���� (3)�� any other board order
specifically authorizing construction of the project.

���� c.���� Any application or
proceeding pending before the board on the effective date of
P.L. , c.
(C. ) (pending before the
Legislature as this bill) that relates to a supplemental
2
[
transmission
]
2

project within the scope of the provisions of P.L. ,
c. (C. )
(pending before the Legislature as this bill) shall conform to the requirements
of P.L. , c.
(C. ) (pending before the
Legislature as this bill) to the extent practicable, as determined by the
board.

���� d.��� Nothing in
P.L. , c.
(C. ) (pending before the
Legislature as this bill) shall be construed to create a separate certificate
of public convenience and necessity requirement for distribution infrastructure
investment or to require approval of distribution infrastructure investment
except as otherwise required under applicable law or to supersede, preempt, or
otherwise affect the authority of any municipality, county, or other local
government to review or approve the siting, construction, or modification of
transmission facilities under the �Municipal Land Use Law,� P.L.1975, c.291
(C.40:55D-1 et seq.),
1
[
or any other
applicable law
]

and rules and regulations promulgated by the New Jersey Department of
Environmental Protection
1
.

���� e.���� Nothing in
P.L. , c.
(C. ) (pending before the
Legislature as this bill) shall be construed to confer upon the board authority
over matters within the exclusive jurisdiction of the Federal Energy Regulatory
Commission, including, but not limited to, the rates, terms, and conditions of
transmission service in interstate commerce
1
, determinations made
pursuant to federal law by NERC, FERC, PJM, or the Secretary of Energy,
1
and
cost allocation determinations adopted pursuant to
1
[
the Federal
Energy Regulatory Commission Order No. 1920 and any modifications thereto
]

the
�Federal Power Act� (16 U.S.C. s.791a et seq.) and FERC orders
1
.� The
board�s consideration of the factor set forth in paragraph (1) of subsection b.
of section 6 of P.L. , c.
(C. ) (pending before the
Legislature as this bill) shall be
1
undertaken
1
solely
for purposes of determining public convenience and necessity
1
, in
a manner consistent with federal law,
1

and shall not constitute rate regulation
1
or
the exercise of planning authority over electric transmission facilities
1
.

����
1
[
11.
]

10.
1
�
Sections
1
7
and
1

8
1
[
and 9
]
1
of
this act shall take effect immediately.� Sections 1 through
1
[
7
]

6
1
and
section
1
[
10
]

9
1
of this
act shall take effect either 90 days following the board�s adoption of the
rules and regulations required under section
1
[
9
]

8
1
of this
act or on the first day of the 19th month next following the effective date of
sections�
1
7
and
1

8
1
[
and 9
]
1

of this act, whichever is earlier.