Sponsored by:
Assemblyman ROBERT J. KARABINCHAK
District 18 (Middlesex)
Assemblywoman MELINDA KANE
District 6 (Burlington and Camden)
Assemblywoman GARNET R. HALL
District 28 (Essex and Union)
Co-Sponsored by:
Assemblymen Miller, Stanley, Assemblywoman Reynolds-Jackson, Assemblyman Freiman, Assemblywoman Lopez, Assemblyman Bailey, Assemblywomen Donlon, Peterpaul and Ramirez
SYNOPSIS
Requires electric public utilities to submit annual report on voting to BPU.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning reporting requirements for electric public utilities and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Affiliate” means any individual or entity that directly or indirectly controls, is under common control with, or is controlled by an electric public utility.
“Board” means the Board of Public Utilities.
“Electric public utility” means a public utility, as that term is defined in R.S.48:2-13, that transmits and distributes electricity to end users within the State.
“Meeting” means a meeting of any committee, user group, task force, or other similar body of PJM.
“PJM Interconnection, L.L.C.” or “PJM” means the same as the term is defined in section 3 of P.L.1999, c.23 (C.48:3-51).
“Recorded vote” means a vote that is tabulated, either individually or as part of an industry sector, for any purpose at a meeting, regardless of whether:
(1) the vote represents a final position of the entity casting the vote; or
(2) the entity casting the vote possesses decision-making authority.
“Recorded vote” includes proposals that were endorsed by acclamation when the electric public utility was in attendance.
b. No later than February 1 of each year, an electric public utility shall file with the board a report, in a form and manner specified by the board, that:
(1) lists each recorded vote cast by the electric public utility, and by any affiliate of the electric public utility, at a meeting of PJM during the immediately preceding calendar year, regardless of whether the vote is disclosed by PJM;
(2) includes a brief description of what transpired at the meeting, including the purpose of the meeting, the meeting agenda, if any, and what role the electric public utility, or its affiliate, played at the meeting; and
(3) includes a brief description explaining whether each vote identified under paragraph (1) of this subsection furthers the State’s goals of prioritizing the affordability, reliability, and sustainability of electricity production, consumption, and conservation and furthers the purposes of P.L.1999, c.23 (C.48:3-49 et al.), P.L.2007, c.340 (C.26:2C-45 et al.), and the “Global Warming Response Act,” P.L.2007, c.112 (C.26:2C-37 et al.).
c. The board shall submit an annual report to the Governor and to the Legislature, pursuant to section 2 of P.L.1991, c.164 (C.52:14-19.1), summarizing the information received pursuant to subsection b. of this section.
d. 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 to implement the provisions of this section.
2. This act shall take effect immediately.
STATEMENT
This bill requires electric public utilities to file an annual report on recorded votes at meetings of PJM Interconnection, L.L.C. (PJM) to the Board of Public Utilities (board).
Under the bill, an electric public utility is required to file a report no later than February 1 of each year, in a form and manner to be specified by the board. The report is required to: (1) list each recorded vote cast by the electric public utility, and by any affiliate of the utility, at a meeting of PJM during the immediately preceding calendar year, regardless of whether the vote is disclosed by PJM; (2) include a brief description of what transpired at the meeting, including the purpose of the meeting, the meeting agenda, if any, and what role the electric public utility, or its affiliate, played at the meeting; and (3) include a brief description explaining how each vote that was cast furthers the State’s goals of prioritizing the affordability, reliability, and sustainability of electricity production, consumption, and conservation. The board is required to submit an annual report to the Governor and to the Legislature summarizing the information received from each electric public utility.
Under the bill, “meeting” is defined to include a meeting of any committee, user group, task force, or other similar body of PJM. A “recorded vote” is defined as a vote that is tabulated, either individually or as part of an industry sector, for any purpose at a meeting, regardless of whether: (1) the vote represents a final position of the entity casting the vote; or (2) the entity casting the vote possesses decision-making authority. “Recorded vote” also includes proposals that were endorsed by acclamation when the electric public utility was in attendance.
It is the sponsor’s intent that this bill will close current gaps in accountability and increase public transparency concerning the content of PJM meetings, including how meeting participants vote on issues that utilize ratepayer dollars, by requiring electric public utilities to file an annual report on recorded voting to the board. In so far as electric public utilities are subject to oversight by the board, it is within the board’s purview, and in the public interest, to increase public accountability by making such voting records and PJM meeting information a matter of public record.