New Jersey § 48:3-93

§ 48:3-93.

a. The provisions of the “Administrative Procedure Act,” P.L.1968, c. 410 ( C.52:14B-1 et seq. ) to the contrary notwithstanding, within 90 days of the effective date of P.L.2003, c. 24 ( C.48:3-93.1 et al.) the Board of Public Utilities shall adopt rules and regulations authorizing

an electric public utility or a gas public utility, upon the request of the governing

body of a county or municipality, to assist a government aggregator that is a municipality

or a county in establishing a government energy aggregation program. The rules and regulations adopted pursuant to this section shall be effective as

rules and regulations immediately upon filing with the Office of Administrative Law

and shall be effective for a period not to exceed 18 months, and shall, thereafter,

be amended, adopted or readopted by the board pursuant to the provisions of the “Administrative

Procedure Act.” The rules and regulations adopted pursuant to this section shall set forth a process

for the establishment of a government energy aggregation that (1) requires a government

aggregator that is a municipality or a county to establish a government energy aggregation

program by ordinance or resolution, as appropriate, and to award a contract for the

government energy aggregation program to a licensed electric power supplier or licensed

gas supplier pursuant to the “Local Public Contracts Law,” P.L.1971, c. 198 ( C.40A:11-1 et seq. ), provided, however, that such an award may be made on the basis of the most advantageous

proposal, price and other factors considered; (2) includes residential customers

on an opt- out basis prior to the solicitation of bids from a licensed electric power

supplier or licensed gas supplier and non-residential customers on an opt-in basis;

(3) requires an electric public utility or gas public utility, as the case may be,

to notify utility customers, after the adoption of an ordinance or resolution, of

the proposed government energy aggregation program and of the customer's right to

decline to participate in the program; (4) requires an electric public utility or

a gas public utility, as the case may be, to provide appropriate customer information

to a government aggregator that is a municipality or a county after the government

aggregator has awarded a contract for a government energy aggregation program to a

licensed electric power supplier or licensed gas supplier, as the case may be; (5)

provides that an electric public utility or a gas public utility shall exercise reasonable

care in the disclosure of customer information pursuant to this section but shall

not be responsible for errors or omissions in the preparation or the content of the

customer information; (6) provides that an electric public utility or gas public

utility shall not disclose to any governing body, licensed electric power supplier

or licensed gas supplier the name, load profile, or any other customer information

about a non-residential customer prior to that non-residential customer opting in

to the government energy aggregation program; and (7) authorizes electric public

utilities and gas public utilities to prioritize requests made by governing bodies

pursuant to this section. b. The rules and regulations adopted by the board pursuant to this section shall provide

for the recovery by an electric public utility or a gas public utility of all reasonable

costs incurred by the electric public utility or gas public utility in implementing

a government energy aggregation and all reasonable costs incurred in assisting a governing

body considering a government energy aggregation program. The rules and regulations shall provide that the costs allowed to be recovered pursuant

to this subsection shall be recovered on a timely basis from the governing body or

government energy aggregator that is a municipality or a county, as the case may be. No electric public utility or gas public utility shall be required to seek recovery

of costs for a government energy aggregation program or costs for assisting a governing

body considering a government energy aggregation program from the electric public

utility's or gas public utility's shareholders or ratepayers. c. As used in this section “ government aggregator ,” “ government energy aggregation program ,” “ electric power supplier ” and “ gas supplier ” shall have the same meaning as set forth in section 3 of P.L.1999, c. 23 ( C.48:3-51 ).