"Advanced Grid Technologies Act"; requires State oversight of supplemental projects and establishes expedited review for projects utilizing advanced transmission technologies. *
What changed between versions
The definition of 'advanced power flow control technology' was narrowed from any software or hardware that balances overloaded lines to specifically 'power electronic-based devices' that actively change power flow without altering generator dispatch or network topology and divert flow from congested lines to circuits with spare capacity.
The definition of 'dynamic line rating' was changed from a technology for updating thermal limits of distribution or transmission lines based on weather to a 'methodology for determining the real-time ampacity of transmission lines' based on environmental and operational conditions, removing distribution lines from scope.
The definition of 'supplemental transmission project' now requires the project to be undertaken pursuant to PJM's Attachment M-3 process, adds a requirement that new construction be 'included in or directly associated with the M-3 presentation to PJM,' and adds a new exclusion for projects undertaken solely for routine maintenance of an existing transmission line.
A new definition of 'NERC' (North American Electric Reliability Corporation) was added.
The cost-effectiveness definition was expanded to include 'reductions in energy or capacity prices, and reliability and resilience improvements' as additional benefits that can justify costs.
Sections 5(a)(3) and 6(a)(3) now require that with respect to distribution capital spending, the financing be aligned with the most recent approved distribution capital structure.
The prohibition on recovering third-party analysis costs through customer rates was removed from Section 4(a)(3), meaning utilities may now recover those costs from customers.
Section 4(a)(5) now explicitly states that the application fee for the second review process 'shall be recoverable through rates.'
Entire Section 7 was deleted, removing the board's authority to establish cost recovery or deployment incentive mechanisms for ATT and ADT deployment, including recovery through base rates or tariff riders.
The provision in Section 4(b) stating that the board's determination on which review process to use is not subject to interlocutory appeal was removed.
Sections 4(d) and 4(e) now include the qualifier 'to the extent applicable' before provisions about deploying ATTs outside the state and reviewing out-of-state project components, limiting when those provisions apply.
New Section 5(d) explicitly prohibits the board from conducting a siting review of a supplemental transmission project or considering environmental impacts in its determination under the first review process.
Section 6(b)(2) was changed from evaluating whether the project enhances reliability and resilience of 'the bulk power system, considering any reliability determination from PJM' to enhancing reliability and resilience of 'the utility's transmission or distribution system,' shifting focus away from FERC-jurisdictional bulk power system considerations.
New Section 6(d) requires the board to confine its review under the second process to the enumerated criteria, prohibits siting review, and bars consideration of environmental impacts.
The grid performance benchmarks section (now renumbered as Section 7) adds two new sentences: nothing in the section shall conflict with federally-established grid performance benchmarks including NERC Reliability Standards, and nothing shall affect FERC's jurisdiction over planning of electric transmission facilities.
The federal jurisdiction savings clause (now Section 9(e)) was expanded to explicitly include 'determinations made pursuant to federal law by NERC, FERC, PJM, or the Secretary of Energy,' replaces the specific reference to FERC Order No. 1920 with a broader reference to the Federal Power Act and FERC orders, adds that the board's consideration must be 'in a manner consistent with federal law,' and adds that it shall not constitute 'the exercise of planning authority over electric transmission facilities.'
The municipal land use savings clause now specifically references 'rules and regulations promulgated by the New Jersey Department of Environmental Protection' instead of the broader phrase 'any other applicable law.'
Section 5(a)(1) changed the standard from 'substantial evidence' to 'the preponderance of the evidence' for demonstrating that ADTs address distribution-system needs, and narrowed the geographic scope from 'the service area affected by the project' to 'the service area affected by any distribution component of the project.'
Section 6(b)(5) changed the evidentiary standard from 'substantial evidence' to 'the preponderance of the evidence' for justifying a decision not to deploy ATTs.
The deadline for the board's determination under the first (expedited) review process was extended from 90 days to 120 days after receiving a completed application.