Sponsored by:
Assemblyman WILLIAM F. MOEN, JR.
District 5 (Camden and Gloucester)
Co-Sponsored by:
Assemblyman Atkins
SYNOPSIS
“Public Utility Fair Profit Act”; requires public utilities to take certain actions regarding excess profits and directs fines for violations to fund utility assistance programs.
CURRENT VERSION OF TEXT
As reported by the Assembly Appropriations Committee on May 15, 2025, with amendments.
An Act concerning public utility profits, designated as the “Public Utility Fair Profit Act,” and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
“Bill credits” means credits issued to customers to be applied to future utility statements.
“Board” means the Board of Public Utilities.
“Excess profit” means the amount of actual revenues collected by a public utility during a reporting period that exceeds the utility’s total revenue requirement approved by the board for the reporting period.
“Public utility” or “utility” means a public utility, as defined in R.S.48:2-13, that provides electric 1[,] or1 gas, 1[or water]1 service.
“Reporting period” means the 12-month period prescribed by the board for the purpose of a public utility’s compliance with P.L. , c. (C. ) (pending before the Legislature as this bill).
“Total revenue requirement” means the total amount of revenue that a public utility is approved to recover through utility rates during a reporting period, as approved by the board in the utility’s most recent base rate case, and including any additional amounts of revenue that the board has approved the public utility to recover through an alternative rate recovery mechanism during the reporting period, including, but not limited to, any charge approved pursuant to an infrastructure investment program.
“Utility assistance program” means any State program that offers financial assistance for utility services to residential customers or otherwise establishes utility protections for residential customers.
2. a. No later than three months following the completion of its reporting period, a public utility shall perform an annual review of the actual revenues collected by the utility during the reporting period and the total revenue requirement approved by the board for that reporting period, which review shall be used to determine the utility’s excess profits, if any, for the reporting period.
b. If a public utility collected excess profits during the previous reporting period, the public utility shall redistribute its excess profits to customers, in a proportional manner, through a refund mechanism to be reviewed and approved by the board, including:
(1) bill credits applied to future utility bills;
(2) direct payments for customers with unpaid balances; or
(3) direct payments for customers who are enrolled in a utility assistance program.
c. A public utility shall redistribute its excess profits to customers, pursuant to subsection b. of this section, in such intervals and forms as may be prescribed by the board. A public utility shall have 45 days to comply with the board’s order to redistribute its excess profits. Any excess profits redistributed to customers pursuant to this section shall not be recoverable from ratepayers of the utility.
3. a. Within five months following the completion of its reporting period, a public utility shall file an annual financial report with the board in a manner and form to be determined by the board. The annual report shall include, at a minimum, information documenting the actual revenues collected by the utility during the reporting period, the total revenue requirement approved by the board for the reporting period, and if excess profits were collected, any credits or payments issued to customers pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
b. A public utility that fails to redistribute excess profits to customers within 45 days of being ordered to do so by the board, as required pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill), or that knowingly misrepresents any information contained in the financial report submitted pursuant to this section, shall be subject to a fine in an amount determined by the board, except not to exceed the lesser of five percent of the public utility’s total revenue requirement or 105 percent of the excess profits for the reporting period. The civil penalty provided for in this section shall be recovered in an administrative proceeding held pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.). Any monies recovered pursuant to this penalty shall be allocated to supplement existing funding for utility assistance programs administered by the board. Any penalty imposed pursuant to this section shall not be recoverable from ratepayers of the utility.
4. The board shall adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations as may be necessary for the implementation of this act.
5. This act shall take effect immediately, except that sections 2 and 3 of this act shall remain inoperative until the board adopts rules and regulations pursuant to section 4 of this act.