A 4624 New Jersey General Assembly · 2024-2025 Regular Session

Requires electric public utilities to submit new tariffs for commercial customers for BPU approval; regulates non-volumetric electricity fees charged to operators of fast charging electric vehicle chargers.

This bill requires New Jersey's electric utilities to submit new tariffs for commercial customers to the Board of Public Utilities (BPU) for approval within 180 days of enactment. It specifically targets fees charged to operators of direct current (DC) fast charging stations (50kW+), prohibiting demand charges, subscription fees, or other non-volumetric rates until BPU approves the new tariff. The required tariffs must use alternatives to traditional demand-based pricing, ensure cost fairness between commercial and residential EV rates, remain neutral across charging technologies, and encourage investment in EV infrastructure for all vehicle types. The BPU must review and approve these tariffs expeditiously under existing law.
Bill status in committee 1 of 4 stages cleared
Introduction
Jun 2024
Committee Review
Floor Vote
Governor
Introduced Jun 24, 2024 Last action Sep 19, 2024
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What changed between versions

Introduced Version Reprint ATR 9/19/24 1R · 8 edits
MODERATE
The bill was significantly amended after its first committee report. The most substantive changes replace a blanket prohibition on demand charges for DC fast charging facilities with a more flexible framework giving the BPU discretion to either require discontinuation of demand charges or an operating cost relief mechanism, extend the compliance deadline from 60 to 180 days, and add a new phase-in period requirement for reintroducing demand charges. New definitions for 'capacity demand charge' and 'distribution demand charge' were added, and data reporting requirements tied to federal NEVI rules were introduced.
REQUIREMENT

The prohibition on utilities assessing demand charges on DC fast charging facilities (old subsection e) was replaced with a new framework (subsection f) requiring utilities to either discontinue capacity and distribution demand charges on DC fast charging facilities OR implement an operating cost relief mechanism that is technology neutral and promotes EV adoption. This gives the BPU more flexibility in how it addresses the issue.

New subsection g requires the BPU to develop a phase-in period for reintroducing demand charges on DC fast charging facilities for commercial customers, ensuring they are brought back gradually and only when economically justified as determined by the board.

The alternative rate structure requirement was narrowed from prohibiting all 'demand charges' to specifically prohibiting 'capacity or distribution demand charges.' The data collection limitation was also changed from restricting data beyond what the electric meter provides to a broader restriction on requiring additional data 'to the public utility.'

The technology neutrality requirement was modified to add a proviso that neutrality 'would not have the effect of discouraging innovation,' giving the BPU latitude to consider innovation impacts when evaluating tariff proposals.

TIMELINE

The deadline for utilities to comply with the new tariff requirements was extended from 60 days after enactment to 180 days after enactment.

DEFINITION

Two new definitions were added: 'capacity demand charge' (charge for generation and transmission service recovered based on peak energy use in kilowatts) and 'distribution demand charge' (charge for distribution service recovered based on peak energy use in kilowatts).

ENFORCEMENT

New subsection e allows the BPU to require customers using the alternative rate structure to provide quarterly data in accordance with federal NEVI program rules at 23 C.F.R. s.680.112.

SCOPE

The tariff design requirement changed from utilizing alternatives to 'traditional demand-based rate structures and capacity demand charges' to utilizing alternatives to 'distribution demand charges and capacity demand charges,' making the scope more specific and aligned with the new definitions.

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Full legislative history

Actions timeline

Total actions
3
Key actions
0
Committee
2
Sep 19, 2024
Committee
Reported out of Assembly Committee with Amendments and Referred to Assembly Telecommunications and Utilities Committee
lower
Sep 19, 2024
Committee
Transferred to Assembly Transportation and Independent Authorities Committee
lower
Jun 24, 2024
Introduced
Introduced in the Assembly, Referred to Assembly Telecommunications and Utilities Committee
lower
2 primary · 0 co-sponsors

Sponsors