New Jersey § 48:3-60

§ 48:3-60.

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, 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 the funding for such programs 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 customers

and eliminating subsidies for programs that can be delivered in the marketplace without

electric public utility and gas public utility customer funding; (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.