New Jersey § 48:3-87

§ 48:3-87.

a. As used in this section: “ Recovered materials ” means the same as the term is defined in 40 C.F.R. s.247.3 . “ Recovered materials manufacturing facility ” means a facility that: (1) received service under an electric public utility rate

that applied only to the owner of the facility on January 1, 2004; (2) manufactures

products made from recovered materials, provided, however, that not less than 50 percent

of the content of such products produced in this State meet the definition of recovered

materials; and (3) has in place a collective bargaining agreement. “ Recycled materials ” means any item or commodity which is manufactured or produced in whole or in part

from post-consumer waste material. “ Recycled materials manufacturing facility ” means a facility that: (1) receives service under an electric public utility rate

at or above 110 kilovolts delivery; (2) manufactures products made from recycled

materials, provided that not less than 90 percent of the content of such products

manufactured in the State meet the definition of recycled materials; and (3) employs

not less than 200 employees in the State. b. (1) Notwithstanding the provisions of section 38 of P.L.1999, c. 23 ( C.48:3-87 ), or any rule, regulation, or board order adopted pursuant thereto, to the contrary,

an electric power supplier or basic generation service provider shall be exempt from

all renewable energy portfolio standards obligations, including Class I RECs, Class

II RECs, SRECs, ORECs, or any other RECs, established pursuant to section 38 of P.L.1999, c. 23 ( C.48:3-87 ) or any other subsequent law, and any rule, regulation, or board order adopted pursuant

thereto, for all kilowatt hours of electricity supplied by such electric power supplier

or basic generation service provider to a recycled materials manufacturing facility or recovered materials manufacturing facility . A recycled materials manufacturing facility or recovered materials manufacturing facility shall not be required to pay any charges designed to offset any renewable energy

portfolio standards obligation of its electric power supplier or basic generation

service provider, including Class I RECs, Class II RECs, SRECs, ORECs, or any other

RECS. (2) For each electric power supplier or basic generation service provider requesting

the exemption established by paragraph (1) of this subsection, the kilowatt hours

of electricity sold to recycled materials manufacturing facilities and recovered materials manufacturing facilities shall be subtracted from the total kilowatt hours of electricity supplied to all

customers in the State by that electric power supplier or basic generation service

provider during that energy year such that the reduced total retail sales number shall

be used to calculate the renewable energy portfolio standards obligation for each

energy year. (3) Each recycled materials manufacturing facility and recovered materials manufacturing facility shall provide its electric power supplier or basic generation provider with (a) documentation

establishing that it meets the definition of a recycled materials manufacturing facility or recovered materials manufacturing facility, as appropriate , and (b) a sworn affidavit which certifies the number of kilowatt hours of electricity

that the electric power supplier or basic generation provider sold to that recycled

materials manufacturing facility or recovered materials manufacturing facility, as appropriate during that energy year. (4) At the end of each energy year, each electric power supplier or basic generation

supplier shall (a) submit to the board the sworn affidavit received from each recycled

materials manufacturing facility and recovered materials manufacturing facility pursuant to paragraph (3) of this subsection, and (b) provide this information on

the Retail Sales Adjustment Form that every electric power supplier and basic generation

provider is required to submit to the board at the end of each energy year. (5) The provisions of this subsection shall apply to all electricity sold to recycled

materials manufacturing facilities beginning on January 1, 2022. (6) The provisions of this subsection shall apply to all electricity sold to recovered

materials manufacturing facilities beginning on January 1, 2024.