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