Text of NJ S 2862 (2025)

SENATE, No. 2862 STATE OF NEW JERSEY 221st LEGISLATURE INTRODUCED MARCH 4, 2024 Sponsored by: Senator ANDREW ZWICKER District 16 (Hunterdon, Mercer, Middlesex and Somerset) SYNOPSIS Requires BPU to develop program to promote certain energy businesses in the 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, or marketer. "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 utilizing retail choice be sourced from 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, the 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, or lesbian, gay, bisexual, transgender, or questioning (LGBTQ)-owned energy businesses in the State. The bill would authorize 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 would establish certain target percentages for the energy procured by businesses and public entities that utilize third-party energy suppliers, as enumerated in subsection b. of section 1 of the bill. These target percentages would 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 third-party energy suppliers be procured from a women-owned, minority-owned, veteran-owned, or LGBTQ-owned energy business. The bill would establish certain requirements for determining which businesses qualify for the program, and would direct the BPU to develop an application process for businesses that seek to participate in the program. Finally, the bill would require the BPU and electric and gas public utilities in the State to post a list of approved energy businesses on their websites, and it would require the BPU to track the success of the program in meeting the targets established by the bill and post updates on its website.