[First Reprint]

ASSEMBLY, No. 5563

STATE OF NEW JERSEY

221st LEGISLATURE

 

INTRODUCED APRIL 10, 2025

 


 

Sponsored by:

Assemblywoman  ELIANA PINTOR MARIN

District 29 (Essex and Hudson)

Assemblyman  REGINALD W. ATKINS

District 20 (Union)

Assemblywoman  VERLINA REYNOLDS-JACKSON

District 15 (Hunterdon and Mercer)

Assemblywoman  ANNETTE QUIJANO

District 20 (Union)

Senator  RAJ MUKHERJI

District 32 (Hudson)

Senator  NILSA I. CRUZ-PEREZ

District 5 (Camden and Gloucester)

 

Co-Sponsored by:

Senators Timberlake, Greenstein, McKnight and Ruiz

 

 

 

 

SYNOPSIS

     Establishes “Summer Termination Program” for certain utility customers.

 

CURRENT VERSION OF TEXT

     As amended by the Senate on June 30, 2025.

  


An Act concerning certain utility service protections and supplementing Title 40A of the New Jersey Statutes and Title 48 of the Revised Statutes. 

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.    a.  For the purposes of this section: 

     “Board” means the 1New Jersey1 Board of Public Utilities. 

     “Department” means the Department of Community Affairs. 

     “Local authority” means an authority, as defined in section 3 of P.L.1983, c.313 (C.40A:5A-3), or a water district established pursuant to R.S.40:62-96, that provides electric, sewer, or water service. 

     “Municipal utility” means a municipal public utility, as defined in N.J.S.40A:1-1, that provides electric, sewer, or water service. 

     “Program” means the Summer Termination Program established pursuant to subsection b. of this section. 

     “Residential customer” means a residential customer of record of a local authority, municipal utility, or rural electric cooperative, as well as any residential tenant of a residence where the owner or any agent or other representative of the owner of the residence is a non-residential customer of record of a local authority, municipal utility, or rural electric cooperative. 

     “Rural electric cooperative” means a rural electric cooperative, as defined in section 2 of P.L.2017, c.297 (C.48:24-2). 

     1“Utility emergency” means any condition constituting a potential danger to life, health, or property that requires a local authority, municipal utility, or rural electric cooperative to discontinue, interrupt, or maintain the discontinuation or interruption of electric, sewer, or water service or that results in an unscheduled discontinuance or interruption of electric, sewer, or water service.1 

     b.    Within 120 days of the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), the Department of Community Affairs shall establish a Summer Termination Program, which shall prohibit a local authority, municipal utility, or rural electric cooperative from discontinuing electric, sewer, or water service 1during the period of June 15 through August 311 to a residential customer deemed eligible for the program by the department 1[if the three-day wet bulb globe temperature forecast within a local authority’s, municipal utility’s, or rural electric cooperative’s jurisdiction is expected to equal or exceed 85 degrees Fahrenheit for 24 hours or more out of the 72-hour period.] pursuant to subsection d. of this section.  Each year, a residential customer who is eligible for and seeks utility shutoff protections under the program, and whose electric, sewer, or water service has been terminated for nonpayment prior to June 15, shall have their service restored on June 15, and no reconnection fee shall be charged.  Prior to restoring service to a residential customer pursuant to this subsection, a local authority, municipal utility, or rural electric cooperative may verify that the residential customer continues to reside in or occupy the place of residence for which service was terminated for nonpayment.1 

     c.     1During the period of June 15 through August 31, each local authority, municipal utility, and rural electric cooperative shall discuss a deferred payment arrangement with its residential customers who participate in the program and are in arrears.

     d.1   The department shall deem a residential customer eligible for the program if the residential customer: 

     (1) 1[receives assistance under programs specified in the] meets one or more of the categorical1 eligibility criteria for the 1[board’s] department’s1 Winter Termination Program, 1[established by the board]1 pursuant to rules and regulations adopted by the 1[board] department1 and published in the New Jersey Administrative Code; or

     (2) is unable to pay the residential customer’s local authority, municipal utility, or rural electric cooperative bill due to certain circumstances 1beyond the residential customer’s control1, including, but not limited to:  unemployment, illness, medically-related expenses, the recent death of an immediate family member, and any other circumstances, as determined by the department, that might cause financial hardship. 

     1[d.] e.1     The department shall establish a process 1[that allows] , in a form and manner to be determined by the department, through which1 a residential customer 1[to] may1 self-certify an inability to pay the residential customer’s local authority, municipal utility, or rural electric cooperative bill 1[, pursuant to paragraph 2 of subsection c. of this section.] due to certain circumstances beyond the residential customer’s control, including, but not limited to:  unemployment, illness, medically-related expenses, recent death of an immediate family member, and any other circumstances, as determined by the department, that might cause financial hardship. 

     f.     This section shall not apply to shutoffs, due to a utility emergency, of electric, sewer, or water service to a residential customer who is eligible for utility shutoff protections under the program.1 

 

     2.    The Department of Community Affairs, in consultation with the Board of Public Utilities, shall promulgate rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purposes of section 1 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill). 

 

     3.    a.  For the purposes of this section: 

     “Board” means the 1New Jersey1 Board of Public Utilities. 

     “Program” means the Summer Termination Program established pursuant to subsection b. of this section. 

     “Public utility” means a public utility, as that term is defined in R.S.48:2-13, that provides electric, sewer, or water service. 

     “Residential customer” means a residential customer of record of a public utility, as well as any residential tenant of a residence where the owner or any agent or other representative of the owner of the residence is a non-residential customer of record of a public utility. 

     1“Utility emergency” means any condition constituting a potential danger to life, health, or property that requires a public utility to discontinue, interrupt, or maintain the discontinuation or interruption of electric, sewer, or water service or that results in an unscheduled discontinuance or interruption of electric, sewer, or water service.1

     b.    Within 120 days of the effective date of P.L.    , c.    (C.        ) (pending before the Legislature as this bill), the Board of Public Utilities shall establish a Summer Termination Program, which shall prohibit a public utility from discontinuing electric, sewer, or water service 1during the period of June 15 through August 311 to a residential customer  deemed eligible for the program by the board 1[if the three-day wet bulb globe temperature forecast within a public utility’s jurisdiction is expected to equal or exceed 85 degrees Fahrenheit for 24 hours or more out of the 72-hour period.] pursuant to subsection d. of this section.  Each year, a residential customer who is eligible for and seeks utility shutoff protections under the program, and whose electric, sewer, or water service has been terminated for nonpayment prior to June 15, shall have their service restored on June 15, and no reconnection fee shall be charged.  Prior to restoring service pursuant to this subsection, a public utility may verify that the residential customer continues to reside in or occupy the place of residence for which service was terminated for nonpayment.1

     c.     1During the period of June 15 through August 31, each public utility shall discuss a deferred payment arrangement with its residential customers who participate in the program and are in arrears.  

     d.1   The board shall deem a residential customer eligible for the program if the residential customer: 

     (1) 1[receives assistance under programs specified in the] meets one or more of the categorical1 eligibility criteria for the board’s Winter Termination Program, established by the board pursuant to rules and regulations adopted by the board and published in the New Jersey Administrative Code; or

     (2) is unable to pay the residential customer’s public utility bill due to certain circumstances 1beyond the residential customer’s control1, including, but not limited to:  unemployment, illness, medically-related expenses, the recent death of an immediate family member, and any other circumstances, as determined by the board, that might cause financial hardship. 

     1[d.] e.1     The board shall establish a process 1[that allows] , in a form and manner to be determined by the board, through which1 a residential customer 1[to] may1 self-certify an inability to pay the residential customer’s public utility bill 1[, pursuant to paragraph 2 of subsection c. of this section.] due to certain circumstances beyond the residential customer’s control, including, but not limited to:  unemployment, illness, medically-related expenses, the recent death of an immediate family member, and any other circumstances, as determined by the board, that might cause financial hardship. 

     f.     This section shall not apply to shutoffs, due to a utility emergency, of electric, sewer, or water service to a residential customer who is eligible for utility shutoff protections under the program.1 

 

     4.    The Board of Public Utilities shall promulgate rules and regulations, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), to effectuate the purpose of section 3 of P.L.    , c.    (C.        ) (pending before the Legislature as this bill).

 

     5.    This act shall take effect immediately.