Requires BPU to develop program to promote certain energy businesses in State.

S3746

SENATE, No. 3746

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED MARCH 5, 2026

Sponsored by:

Senator� ANDREW ZWICKER

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

SYNOPSIS

���� Requires BPU to develop program to promote certain
energy businesses in State.

CURRENT VERSION OF TEXT

���� As introduced.

��

An Act
concerning certain energy businesses in the State and
supplementing Title 48 of the Revised Statutes.

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

���� 1.��� a.� As used in this
section:

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

���� �Broker� means the same as the
term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).

���� �Electric power supplier�
means the same as the term is defined in section 3 of P.L.1999, c.23
(C.48:3-51).

���� �Electric public utility�
means the same as the term is defined in section 3 of P.L.1999, c.23
(C.48:3-51).

���� �Energy agent� means the same
as the term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).

���� �Energy business� means a
broker; electric power supplier; energy agent; gas supplier; marketer; or
board-licensed energy agent, energy consultant, or private energy aggregator.

���� �Energy year� means the same
as the term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).

���� �Gas public utility� means the
same as the term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).

���� �Gas supplier� means the same
as the term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).

���� �Marketer� means the same as
the term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).

���� b.��� No later than one year
after the effective date of
P.L. , c. (C. ) (pending
before the Legislature as this bill), the board shall establish a program to
promote women-owned, minority-owned, veteran-owned, and lesbian, gay, bisexual,
transgender, or questioning (LGBTQ)-owned energy businesses through the use of
public information campaigns, marketing, advertising, the provision of
incentives, or other means and methods determined appropriate by the board.�
The program shall include the goal that the following percentages of natural
gas and electricity purchased by business customers and public entities through
board-licensed energy agents, energy consultants, or private energy aggregators
utilizing retail choice be sourced utilizing a women-owned, minority-owned,
veteran-owned, or LGBTQ-owned energy business:

���� (1)�� for the energy year next
following the establishment of the program required by this subsection, five
percent;

���� (2)�� for the second energy
year following the establishment of the program required by this subsection, 11
percent;

���� (3)�� for the third energy
year following the establishment of the program required by this subsection, 18
percent; and

���� (4)�� for the fourth energy
year following the establishment of the program required by this subsection and
for each energy year thereafter, 25 percent.

���� c.���� In order to qualify as
a women-owned, minority-owned, veteran-owned, or LGBTQ-owned energy business
for the purposes of this section, a business shall:

���� (1)�� be certified as a
women-owned, minority-owned, veteran-owned, or LGBTQ-owned energy business by
an appropriate State certifying organization;

���� (2)�� be certified as a
women-owned, minority-owned, veteran-owned, or LGBTQ-owned energy business by
an appropriate national certifying organization, including, but not limited to,
the National Minority Supplier Development Council and the Women�s Business
Enterprise National Council;

���� (3)�� be registered to do
business in the State; and

���� (4)�� have filed a current New
Jersey Annual Report with the Division of Revenue and Enterprise Services in
the Department of the Treasury.

���� d.��� A women-owned,
minority-owned, veteran-owned, or LGBTQ-owned energy business that wishes to
participate in the program established pursuant to this section shall apply to
the board during an annual enrollment period.� The board shall establish an
application process and a 60-day annual enrollment period for energy businesses
to apply to the program pursuant to this subsection.� The board, and each
electric and gas public utility in the State, shall post a list on its Internet
website of the energy businesses approved by the board to participate in the
program.

���� e.���� The board shall
establish a means to track the progress of the program in meeting the goals
established by subsection b. of this section.� The board shall post regularly
updated progress updates from this tracking system on its Internet website.

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

STATEMENT

���� This bill would require the
Board of Public Utilities (BPU) to develop and implement a program to promote
women
-
owned, minority
-
owned, veteran
-
owned, and lesbian,
gay, bisexual, transgender, or questioning (LGBTQ)
-
owned energy
businesses in the State.

���� The bill authorizes the
program to include public information campaigns, marketing, advertising, the
provision of incentives, or other means and methods determined appropriate by
the BPU.� The bill establishes certain target percentages for the energy procured
by businesses and public entities that utilize electric power or gas suppliers.�
These target percentages are to culminate, in the fourth energy year after the
program is established and thereafter, with the goal that 25 percent of the
energy procured by businesses and public entities that utilize board-licensed
energy agents, energy consultants, or private energy aggregators be sourced
utilizing a women
-
owned, minority
-
owned, veteran
-
owned, or
LGBTQ
-
owned energy business.

���� The bill establishes certain
requirements for determining which businesses qualify for the program and
directs the BPU to develop an application process for businesses that seek to
participate in the program.� Finally, the bill requires the BPU and electric
and gas public utilities in the State to post a list of approved energy
businesses on their Internet websites and requires the BPU to track the
progress of the program in meeting the targets established by the bill and to
post updates on the BPU�s Internet website.